Transcript Title IX-What You Need to Know

Title IX: What You Need to Know
Title IX Defined
• Title IX is a portion of the Education Amendments
of 1972, Public Law No. 92-318, 86 Stat. 235
(June 23, 1972), codified at 20 U.S.C. sections
1681 through 1688. It states that:
• "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 education program or
activity receiving federal financial assistance...."
Federal Title IX Authority
• The Federal Department of Education is
charged with enforcing the provisions of Title
IX.
• Within this agency, the Office of Civil Rights
(OCR) is the section of DOE that administers
Title IX.
Title IX Information
20% of young women in college will be
victims of attempted or actual assault and
6% of undergraduate men (2009 report)
Title IX Requirements
• New federal guidelines require that schools
implement Title IX training for all employees.
• Requires that employees and students know
what harassment is and understand how to
report incidents.
Title IX Information
• The government is shifting its view of sexual
misconduct from a conduct and discipline
framework to civil rights discrimination.
• Sexual harassment of students is a form of sex
discrimination prohibited by Title IX.
Sexual Harassment
Sexual Harassment is unwelcome, gender based
verbal or physical conduct that is:
 Sufficiently severe, pervasive and persistent to
unreasonably interfere with the students' ability
to participate in the educational program, OR
 Based on power differentials (quid pro quo) or
creates a hostile educational environment, or
involves retaliatory behavior (even one instance).
Sexual Harassment
• This includes if the student-on-student sexual
harassment initially occurred off school
grounds, outside the school’s education
program or activity. If a student complains to
the school, regardless of where the conduct
occurred, the school must process the
complaint in accordance with established
procedures.
Non-Consensual Sexual Contact
Non-Consensual Sexual Conduct is:
• Any intentional sexual touching, however
slight.
• By a man or woman, upon a man or a woman.
• Without consent and/or by force.
Non-Consensual Sexual Intercourse
Non-Consensual Sexual Intercourse is:
• Any sexual intercourse.
• By a man or woman upon a man or woman
that is without consent and/or by force.
Sexual Exploitation
Sexual Exploitation is:
• Taking non-consensual or abusive sexual
advantage of another for his or her own
advantage or to benefit someone else.
Sexual Exploitation Examples
• Invasion of sexual privacy.
• Prostituting another student.
• Non consensual video or audio taping of
sexual activity.
• Knowingly transmitting an STD or HIV to
another student.
Sexual Exploitation Examples
• Sexual based stalking or bullying of another
student.
• Posting of sexual pictures or statements on
social media.
Reporting Responsibility
It is the responsibility of all GHC employees to
report all alleged violations of Title IX.
To Whom Should Alleged Title IX
Violations be Reported?
• Dr. Arlene Torgerson is the College’s designated
Title IX Coordinator. All student to student
allegations of misconduct should be reported to
Dr. Torgerson.
• If the allegations involves GHC staff, the alleged
misconduct can be reported to Dave Halverstadt,
Chief Human Resources Officer. OR
• To either Dr. Torgerson or Dave Halverstadt &
they will consult as appropriate.
Confidentiality
• A confidentiality request will be evaluated in
the context of the College’s ability to provide a
safe and nondiscriminatory environment for
all students.
• If complainant requests confidentiality or asks
that the complaint not be pursued, the school
should still take all reasonable steps to
investigate and respond consistent with the
request for confidentiality.
Confidentiality
• AND
• The college is still required to pursue steps to
limit the effects of the alleged harassment and
prevent its recurrence
What will happen when it’s reported?
• Inform and obtain consent from the complainant
concerning the investigation
• Investigation will be completed within 60 calendar
days (recommended)
• Information will be gathered about the alleged
incident
• Witnesses and those involved will be interviewed
• Due process is provided to alleged perpetrators and
victims
What happens When It is Reported
• Steps may be taken to keep the complainant safe
during the investigation
• If confidentiality cannot be guaranteed as requested,
complainant will be informed.
• Due process is provided to alleged perpetrators and
victims
Potential steps to keep
complainant safe
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Provide an escort on campus & to parking lots.
Arrange for special parking location.
Speak with faculty/staff where student frequents.
Change class sections where possible so that
complainant and alleged perpetrator aren’t in the
same classes.
• Change campus work schedule where possible
• Provide counseling services.
• Arrange for complainant to re-take a course or
withdraw from a class without penalty.
Office of Civil Rights Standards
• OCR uses a preponderance (majority) of the
evidence standard when it resolves allegations
of discriminations.
• Preponderance of the evidence is the
appropriate standard for colleges when
investigating allegations of sexual harassment.
Note
• It is improper for a student who complains of
sexual assault or in some cases harassment, to be
required to work it out directly with the alleged
harasser.
• Informal methods can be used with the
assistance of trained staff in discussions with the
complainant and the alleged perpetrator.
• However, the complainant must be notified of his
or her right to end the informal process at any
time and begin the formal stage of the complaint
process.
When is Liability Created for the
College?
Liability is created for the College when:
• a GHC employee knew or should have known
about alleged misconduct and failed to report
the action.
• A College official had the authority to institute
corrective measures and did not do so.
Liability
• If a complaint has been reported to a GHC
employee and the complainant requests
confidentiality or refuses to participate, the
College’s ability to take action may be limited.
• The College is still required to take all
reasonable steps to investigate and respond.
• Once the College has notice of an alleged Title
IX violation, it has an absolute duty to
investigate.
Liability
• If law enforcement is involved, we are not to
wait for law enforcement to investigate to take
action.
• Law enforcement investigations do not relieve
the school of our responsibility to investigate.
• Conduct may constitute unlawful sexual
harassment under Title IX even if the police do
not have sufficient evidence of a criminal
violation.
Policy and Procedures
• We are working on revising the current policy
and procedures to comply with Title IX
guidance and OCR requirements.
• When complete, it will be disseminated to all
and the process for complaints will be posted
on the web.
Questions??