Transcript Title IX

Rachel Wellman

Compliance Title IX Coordinator 425-564-2441 Office: A220

Title IX of the Education Amendments Act of 1972

“No person in the United States, shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.”

Title IX of the Education Amendments of 1972 Implementing Regulations at: 20 U.S.C. §1681 & 34 C.F.R Part 106

Title IX Overview

Civil Rights legislation – sexual harassment & gender equity in education US Department of Education Office for Civil Rights (OCR) Early focus on gender equity in athletics

Federal mandate NOT optional.

Updates & Guidance

Title IX

Dear Colleague Letters April 2011 – Sexual Misconduct April 2013 – June 2013 – Retaliation Pregnant and Parenting Students Significant Guidance Document April 2014 – Q&A about Title IX and Sexual Violence

VAWA Title IX Clery Act

Campus SaVE Act

Title IX Covers…

Any educational institution receiving federal funds

Students & Employees

On campus and at college-sponsored events Off campus, when the impact of the incident extends on campus

Gender equity applies campus-wide

Compliance Essentials BC


take immediate and appropriate steps to investigate BC


to: take prompt and effective action

Stop the harassment Remedy the effects Prevent the recurrence

Compliance Essentials - Notice

BC must take action once a or misconduct.

Responsible Employee

has either actual or constructive notice of sexual harassment Actual – reported to you, you witnessed, indirect notice from flyers posted on campus, media, online postings, videos Constructive – should have known, ‘everyone knows’ Who is a

Responsible Employee



On Campus:

Title IX Coord. – Rachel Wellman Human Resources – Aaron Hilliard Student Conduct – Ana Blackstad Public Safety

Off Campus:

Police Department WA State Human Rights Commission US Dept. of Ed. Office for Civil Rights

Confidential Options:

Licensed Professional Counselors

“Campus Confidential”

Ombuds V I A Online reporting or In-person


BC will seek to protect the privacy of the complainant to the full extend possible, consistent with the legal obligation to investigate, take immediate action, and comply with federal & state law, as well as BC policies & procedures.

Confidentiality CANNOT be guaranteed.

Title IX Investigations

• • • Title IX investigations are separate from: Student conduct Criminal Title VII There are situations where investigations are conducted together.

It is possible to be found guilty in one investigation but not the other.

It is possible to receive conduct charges AND criminal charges College investigation, NOT a criminal investigation Purpose is to fact-find in order to stop, remedy and prevent harassment Standard of proof: more likely than not (50.1%) Process must be equitable Police investigations Separate investigations with different standard of proof Does not determine outcome of Title IX investigation

What is… T7 & T9 & Possible Criminal

Sexual Harassment

Unwelcome conduct

that is sexual in nature, sex-based or gender-based AND

Severe, persistent or pervasive AND

 

Retaliatory Harassment

Interferes with, denies or limits access/ability to participate in education/activity Engaged in a protected activity AND

Objectively offensive AND Subjected to adverse employment or educational action AND

Connection between protected activity and adverse action Stalking – Cleary Reportable Directly, indirectly, or through a third party, engaging in a course of conduct (2 or more acts), directed at a specific person that would cause a reasonable person to:

Fear for their safety or the safety of others; OR

Suffer substantial emotional distress (significant mental suffering or anguish)

T9 & Possible Criminal Violation

Dating Violence – Clery Reportable

Is or has been in a social relationship of a romantic or intimate nature AND

Where existence of such a relationship shall be determined based on the following factors:

   Length of relationship Type of relationship Frequency of interaction between the persons involved in the relationship 

Includes, but not limited to, sexual or physical abuse or threat of such abuse Domestic Violence – Cleary Reportable Felony or misdemeanor crime of violence committed by a

Current or former spouse or intimate partner,

Person with who the complainant shares a child,

Person who has or is cohabitating as a spouse or intimate partner, OR

Any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which it occurred

And there’s more

Additional Training Components

Trauma informed questioning Neurobiology of trauma Bystander approach Affirmative & Enthusiastic Consent

Additional Considerations

Pregnancy Gender Identity/Equity

And there’s more help for all the other stuff! Affairs

Dean of Student Success – Ana Blackstad x2630 Disability Resource Center - Susan Gjolmesi or AJ Duxbury x2498 Ombuds – Miranda Kato x2131 Title IX – Rachel Wellman x2441 Public Safety – x2400

Role of Compliance Title IX Coordinator Consultation Policy and procedure development Ensure College compliance Oversee investigations Compile statistics Oversee student and employee awareness training

Faculty/Staff Responsibilities


Report Immediately Be prepared to make modifications


T9 intervention Annual training Active bystander/intervention Events/Activities/Trips – sex offenders? minors? background check?


Group Work – location Disclose reporting requirement – reminder for specific assignments Interrupt before it becomes an issue Request T9 consultation/intervention


You learn that a student is missing class because an ex came to help her move, but physically assaulted her instead. The ex is not a BC student.

Student informs another, “I want to touch you sexually and dominate you.” In a paper, a student discloses that are a victim of dating violence/domestic violence.

On the first day of class, a student tells you that a former partner, who was stalking them, is in the class. A person is being called derogatory names based on sexual orientation. You hear from students that a colleague is having a sexual relationship with students .

More Scenarios

You read a Facebook post where students are talking about the creepy _______.

A student sent some nude pics to the person they are dating. After they break-up, the one who received the pics shows a couple of friends.

Ann and Bill were in a relationship. Ann accuses Bill, who is an athlete, of sexual misconduct. Bill’s teammate, Carl, threatens to harm Ann if she keeps saying he assaulted her. Bill is also in a relationship with Dee. Ann says that she has been receiving calls soliciting sex after someone posted her information on an anonymous online site. She is sure it’s Dee.

Allegation of non-consensual penetration by a student who had consensual sexual intercourse before and after the alleged non-consensual activity.

Even More Scenarios

A faculty member says to their class, “Students ask me out a lot because I’m attractive.” Faculty to a student, after the student comments about not doing so well on an exam, “Well, you could have babies. That’s a meaningful thing to do.” Faculty comments, in front of the class, that a student looks like an actress from a particular movie. Later, a classmate who is shocked at the comparison, informs the student of the nature of the movie character referenced. A student in your class has Tourette’s and their outbursts are sexual. Students in the class begin to complain. One student informs you that they have experienced sexual trauma and the sexual outbursts are impacting her ability to concentrate and learn.

Current Case Data

June 2014 – Current June - Aug Fall Total 7 18

Total Cases 25 TYPE

Complaints Referral Inquiry


Y N 16 6 3 13 5 7


DV &/or Stalking Harassment


Faculty/Staff 10 7 8