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1 Protected Classes • Gender; • Race; • Ethnicity; • National Origin; • Age; • Disability; • Religion; • Sexual Orientation; • Gender Identity; and • Veteran Status. 2 Examples of applicable federal & state laws: • • • • Title VII of the U.S. Civil Rights Act of 1964 Title IX of the Education Amendments of 1972 Pennsylvania Human Relations Act Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) • Violence Against Women Act 3 Parties to a Complaint • Complainant • Respondent 4 Confidentiality • Only parties to the complaint participate. • Information is disclosed only if necessary. 5 Definition of Sexual Harassment Sexual advances, requests for sexual favors, and/or other verbal or physical conduct that is pervasive OR severe AND objectively offensive may constitute sexual harassment when: 1.) submission is a condition of employment; 2.) submission to or rejection of such conduct is used as the basis for employment; or 3.) such conduct unreasonably interferes with an individual’s work or creates a hostile environment. 6 Legal Compliance In compliance with Title IX, the Clery Act, and the Violence Against Women Act, allegations of sexual violence, domestic violence, dating violence, and stalking will be reported and investigated pursuant to this policy. 7 Sexual Violence Sexual harassment, including acts of sexual violence, is a form of sex discrimination prohibited by Title IX and includes physical acts: 1.) against a person’s will; 2.) where a person is incapable of giving consent; or 3.) where an individual is unable to give consent. 8 Domestic Violence Violent misdemeanor and felony offenses committed by: – Complainant’s current or former spouse; – Complainant’s current or former cohabitant; – Person similarly situated by law; or – Anyone else against an individual protected under domestic or family violence laws. 9 Dating Violence • Violence by a person who is or has been in a romantic or intimate relationship with the complainant. – Based on length, type, and frequency of interaction 10 Stalking • A course of conduct that would cause a reasonable person to: – fear for their own or others’ safety; or – suffer substantial emotional distress. 11 Reporting Sexual Violence, Domestic Violence, Dating Violence, and/or Stalking • Under Title IX • “Responsible employees” must report incidents of alleged sexual violence, domestic violence, dating violence, and/or stalking to: – Public Safety and – Title IX Coordinator 12 Who is a “responsible employee”? • A “responsible employee” is any employee who*: 1) Has the authority to take action to redress sexual violence; 2) Has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee; or 3) A student could reasonably believe has this authority or duty. • Pursuant to the Sexual Harassment Policy, all Kutztown University employees are considered “responsible employees” consistent with the above. • Exceptions to the reporting requirement are licensed campus professional counselors and pastoral counselors acting in their capacity as such. • When a university “knows or reasonably should know” sexual violence has occurred, the university must: - Investigate and take immediate action to eliminate sexual violence; - Prevent the recurrence of sexual violence; and - Redress the effects of sexual violence. *United States Department of Education Office for Civil Rights (2014, April 29) Questions and Answers on Title IX and Sexual Violence. Retrieved from http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf 13 Investigating Sexual Violence, Domestic Violence, Dating Violence, or Stalking • Title IX investigation is different from law enforcement investigation. • Absent unusual circumstances, the investigation will be completed within sixty (60) days. • Complaint is determined based on a preponderance of the evidence standard (i.e. more likely than not a violation occurred). • Remedial measures may be required. • Training and education are available. 14 Title IX Coordinator Title IX Coordinator Mr. Jesus A. Peña, Esq. Deputy Title IX Coordinator Ms. Jacqueline C. Fox, Esq. Contact Information Office of Social Equity Old Main A Wing (610) 683 – 4700 [email protected] 15 Consensual Relationships • Such relationships may interfere with the faculty/student relationship and violate standards of conduct. • Such relationships should not interfere with or compromise academic integrity. • Sexual relations between faculty/staff and a student or employee he/she is supervising is inappropriate and/or unethical. • The consensual nature of such relationship does not necessarily constitute a defense. • Faculty members/supervisory employees enter into such relationships with risk and will be subject to scrutiny. 16 Applicability • Applies to all individuals on campus regardless of gender. • Third party bystanders may also be victims. 17 False Complaints • Any person who knowingly files a false complaint may be subject to disciplinary action. 18 Retaliation • Defined as any adverse action causing a tangible academic or employment detriment for engaging in a protected activity. • The respondent will be informed that he/she is not to retaliate against any person connected to the complaint. 19 Definition of Discrimination • An adverse employment or education related action or decision that is based on or motivated by an individual’s membership in a protected class. • The same University Procedures apply. 20 Definition of Harassment • A specific form of discrimination. • Defined as any type of behavior based on an individual’s membership in a protected class that is so severe OR pervasive AND objectively offensive that it interferes with an individual’s performance or creates an intimidating, hostile or offensive environment. 21 Definition of Harassment • Can be verbal, physical or visual • Includes conduct: – Affecting tangible job or academic benefits, – Interfering unreasonably with an individual’s performance, or – Creating what a reasonable person would sense is an intimidating, hostile, or offensive environment. • The same University Procedures apply. 22 Examples of Harassment • May include, but is not limited to: • Unwanted physical contact; • Use of epithets, inappropriate jokes, comments or innuendos; • Obscene or harassing communication; • A proposition for sexual favors in exchange for a benefit; and • Any conduct that may create a hostile environment. • You should stop the offensive behavior immediately. • The intent of the respondent is irrelevant. 23 First Amendment Right • Freedom of expression is a right. • Protected by the First Amendment of the United States Constitution. • Using freedom of expression as a defense may not overcome a claim of harassment/discrimination. • An individual may be held responsible for creating a hostile environment in the classroom. 24 Conclusion The Kutztown University Sexual Harassment, Anti-Harassment, and Anti-Discrimination Policies discussed in this online Training are available in hard copy format from the Kutztown University Office of Social Equity and electronically at the Office of Social Equity website at http://www.kutztown.edu/admin/socialequity/linksofinterest.asp. If you have any questions, please contact the Office of Social Equity at (610) 683-4700 or [email protected]. 25