Transcript Title IX Addressing Sexual Harassment & Sexual Violence

Title IX Addressing Sexual Harassment & Sexual
Violence/Other Unlawful Harassment, Bullying, and
Hate Crimes
Nevada System of Higher Education (NSHE) / Great
Basin College (GBC) with Additional Information from
the Association of Title IX Administrators (atIXA)
2014-2015
Title IX
“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 Educational Amendments of 1972
 Intended to end sex discrimination in all areas of education, including employment,
students, and other’s reporting or participating in good faith (e.g., visitor in college
housing).
 U.S. Department of Education, Office of Civil Rights (OCR) oversees compliance.
NSHE/GBC – Board of Regents’ Handbook, Title 4,
Chapter 8, Section 13
NSHE/GBC is committed to providing a place of work and learning free of
discrimination on the basis of a person’s age, disability, whether actual or perceived by
others (including service-connected disabilities), gender (including pregnancy related
condition), military status or military obligations, sexual orientation, gender identity or
expression, genetic information, national origin, race or religion and that equal
opportunity and access to facilities shall be available to all.
It is the NSHE/GBC policy to fully comply with the non-discrimination provision of all
federal regulations with regard to recruitment, admission, financial aid, activities,
hiring, promotions, training, terminations, benefits, and compensation.
Federal ~ Title VI –Race, Color, National Origin; Title IX – Sex, Gender;
504 of the Rehabilitation Act and Title II of the American with Disabilities Act
Title IX, NSHE/GBC
Once there is notice of possible sexual harassment, we will:
 investigate;
 take prompt effective action to end the harassment;
 remedy the effects; and,
 take action to reasonably prevent the recurrence; and do
so in a prompt, equitable, and effective manner.
Sexual Harassment Defined…unwelcome sexual advances, requests for
sexual favors, and other visual, verbal or physical conduct of a sexual nature.
It may take many forms; it may be aimed at coercing an individual to participate in an
unwanted sexual relationship; or, it may have the effect of causing an individual to
change behavior or work performance:
Quid Pro Quo-Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual’s employment or academic status. The submission to or
rejection is used as a basis for academic or employment decisions or evaluations, or
permission to participate in an activity;
Hostile Environment-The conduct has the purpose or effect of substantially interfering
with an individual’s academic or work performance, or of creating an intimidating,
hostile, or offensive environment in which to work or learn.
Sexual harassment does not refer to
occasional compliments of a socially
acceptable nature.
It refers to behavior of a
sexual nature that is:
1) not welcome
2) personally offensive; and,
3) interferes with
performance
ACCEPTABLE: “That’s a very nice suit”
NOT ACCEPTABLE: “It really shows off your legs”
or
ACCEPTABLE: “You look nice today”
NOT ACCEPTABLE: “And I mean every part of you”
Sexual Harassment may take many forms:
It may occur between:
It may:
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 consist of repeated actions, setting a
individuals of the opposite sex;
individuals of the same sex;
students;
peers and/or co-workers;
guests of the institution and its
students and employees;
 individuals in an unequal power
relationship.
pattern;
 may arise from a single incident if
sufficiently severe; or,
 rise to the level of sexual violence.
Determining/Deciding what constitutes sexual
harassment  it depends upon the specific facts and the context in
which the conduct occurs; and,
 it is decided by the preponderance of the evidence
standard (it is more likely than not that the sexual
harassment or violence occurred ~ 50% plus a
feather).
• Examples of unwelcome conduct –
•
remarks of a sexual nature about a person’s clothing or body;
•
sexually explicit or gender related statements, comments, questions, jokes,
innuendoes, anecdotes, or gestures;
•
other than customary handshakes; uninvited touching, patting, hugging, or
purposeful brushing against a person’s body or other inappropriate touching of
an individual’s body;
•
use of electronic mail or computer dissemination of sexually orientated, sexbased communication;
•
displaying sexually suggestive objects, pictures, magazines, cartoons, or
screen savers;
•
spreading sexual rumors
Examples of unwelcome conduct continued ~
• inquiries, remarks, or discussions about an individual’s sexual experiences or
activities and other written or oral references to sexual conduct;
• stalking –
• requests for sexual favors in exchange for actual or promised
job or educational benefits, such as:
 favorable performance reviews/promotions
 favorable assignments/letters of recommendation
• indecent exposure/flashing
Sexual Violence is a form of Sexual Harassment – Any act against another person forcibly or against a person’s will
or non-forcibly, where a person is incapable of giving consent due to the victim’s use of alcohol or drugs; or, an
individual may be unable to give consent due to an intellectual or other disability.
Clery Act (Campus Security Act)*
Forcibly:
Rape
Sexual Assault
Non-forcibly:
Incest
Sex with a minor
Stalking
The Jeanne Clery Disclosure of Campus Security policy and Campus Crime Statistics Act ~ “Clery Act” is the landmark
federal law, originally known as the Campus Security Act. The Act requires colleges and universities across the U.S. to
disclose information about crime (murder, robbery, arson, forcible and non-forcible sex offenses)on and around their
campuses.
*The 2008 amendments protect crime victims, “whistleblowers,” and others from retaliation.
* The 2013 Campus SaVE (Sexual Violence Elimination Act) and VAWA (Violence Against Women Act) codifies certain
aspects and adds Domestic and Dating Violence and Stalking.
Campus SaVE (Sexual Violence Elimination ) Act defining…
Dating Violence
Domestic Violence
Stalking
Violence that is sexual or
Violence that is directed to a
Acts and threats
physical, or the threat of
current or former spouse or
directed to a
sexual or physical abuse,
intimate partner, where they
specific person
committed by a person
were or are cohabitating, and/or
that would cause a
who has been in a
where they share a child. Or,
reasonable person to
social relationship determined
any other person against an
fear for his/her/others
by type of and length of
adult or youth victim, who is
safety and would
relationship and frequency of
protected from that person’s
cause substantial
Interaction.
Act under the domestic or
emotional distress.
violence laws of the jurisdiction.
The Title IX Coordinator receives complaints of discrimination, sexual
harassment, and sexual violence:
Lynn Mahlberg
Sonja Sibert
Vice President for Student Services
Vice President for Business Affairs
Title IX Coordinator, (atIXa Certified)
Affirmative Action Officer
Administrative/Student Conduct Officer
Berg Hall, Room 160, Elko Campus
Berg Hall, Room 159, Elko Campus
775.753.2181
775.753.2282
[email protected]
[email protected]
Who does it apply to?... Whose responsibility is it?...
Policies apply to all students, faculty, staff, and other members of the campus community.
The Institution has been “put on notice” if employees, resident advisors, facilitators, student workers,
faculty, staff, and other members of the campus community have received a complaint of an alleged
sexual harassment. All individuals above have:
1) the responsibility to direct complainants to the Title IX Coordinator
2) then, the individuals must immediately contact the Title IX Coordinator
After receiving a complaint of the incident or behavior, to protect anyone from sexual harassment or
retaliation, it may be determined that the harasser needs to be removed from campus while it is being
investigated.
The Director of Environmental Health, Safety, & Security, Pat Anderson (atIXa Certified), may be asked
to investigate.
Retaliation - The alleged harasser must not “retaliate” against the person for rejecting the
conduct (nor vice versa). Nor, retaliate against a person, who in good faith either reports
alleged sexual harassment or provides information in an investigation. By NSHE/GBC
policies, retaliation may result in discipline up to and including termination and/or
expulsion.
Examples of retaliation may include…. but is not limited to, such conduct is:
• an unfair grade;
• frequent and undesirable changes in the location of an office, working hours or working days;
• the refusal to assign meaningful work;
• unwarranted disciplinary action;
• unfair work performance evaluations;
• an unfavorable reference letter
• transfer…denial of promotion…dismissal
Great Basin College maintains a Zero Tolerance Policy!
Complaint Process
•
When the “complainant” (employee, student, or another person) brings an allegation forward:
 The complaint shall be in writing, signed by the complainant and shall to the extent reasonably
possible, specify the date, time, place, person or persons involved, and the circumstance of the
allegation, including the name(s) of witness(es).
 An employee or student, who believes that he or she has been subjected to sexual harassment
by anyone is encouraged (but it is neither necessary nor required) to promptly tell the person
that the conduct is unwelcome and ask the person to stop the conduct. A person who receives
such a request must comply and not retaliate.
 Both the individual filing a complaint and the individual against whom the complaint of alleged
sexual harassment is filed against is advised that he/she may select an independent advisor for
assistance, support, and advice.
Complaint Process continued…
 All reasonable steps will be taken to investigate in a prompt, thorough, equitable and impartial manner.
 We will respond as confidentially as feasible. In some instances, e.g., safety of others at risk or in
response to a legal process, confidentiality may not be guaranteed.
 Even if a person requests confidentiality or refuses to participate, we are required to investigate, stop
the harassment, and take reasonable steps to prevent the recurrence. Under the revised Clery Act, even
if the victim is not going to make a written report, their verbal notification must be documented and the
incident counted and reported under Clery statistics.
 We will take steps to prevent the recurrence of any harassment, e.g., assign different course sections, if
both are in the same course or possibly assign different working locations or moving rooms in residence
halls while the investigation is on-going.
Investigation
• Prompt Attention – Complaints of sexual harassment are taken seriously and will be dealt with
promptly!
• Provide timelines – the investigation is generally completed within 45 days.
• Separation – The victim and the alleged perpetrator or harasser may be separated, e.g.,
separate courses, different buildings in housing, separate work areas, depending on:
 the seriousness of the allegation;
 the working relationship of the victim and alleged harasser; and
 any other relevant facts.
Investigation continued…
• Interview both parties and witnesses;
• Ensure a thorough investigation – all evidence and leads have been examined.
Evidence may be text messages, FACEBOOK, Yik-Yak and/or other forms of
electronic communication. These will be used as well as witness statements,
personal interviews, and other forms of documentation.
• The investigator consults with the Title IX Coordinator throughout the
investigation and then submits an Investigative Report at the conclusion with
the timeline, statement of findings, and advisory recommendation. The Title
IX reviews. If applicable, an Informal Resolution may be sought or there may
be a recommendation to the President for a Hearing.
As the investigation comes to a conclusion…
• Evaluate the evidence, consulting with legal counsel;
• Both parties, are apprised of the outcome of the investigation.
• If applicable, there may be an informal resolution, dependent on the seriousness of the
alleged harassment.
• If applicable, there may be the need for a formal resolution, again dependent on the
seriousness of the alleged harassment. A formal resolution is a hearing (recorded)
before a hearing officer as the means to resolve the complaint.
POSSIBLE RESOLUTIONS….
• In either, the informal resolution or the formal resolution, if the
harasser has violated the rules of conduct, possible sanctions may
include: oral or written warning, written reprimand, probation, loss of
privileges, discretionary and educational sanctions, residence hall
suspension, residence hall permanent license cancellation, institutional
suspension, deferred institutional suspension, institutional expulsion.
• Both parties will receive a response regarding the decision.
• Both parties have the right to file an appeal if there is new evidence.
There is no appeal if one party just doesn’t like the decision.
APPEAL
• The appeal shall be in writing to the student conduct officer or Title IX Coordinator
within 14 days of receipt of the decision.
• The designated person shall review the recording of the hearing and the complaint,
and decision along with any information and evidence that was part of the decisionmaking of the conduct case, and will decide whether or not the appeal should be
upheld.
• The decision shall be in writing within 30 calendar days.
• Any sanction shall not take effect until any appeal is concluded.
######
All investigations, resolutions, and appeals are in accordance with
the Nevada System of Higher Education and Title IX.
Harassment
vs.
Unlawful Harassment
The term “harassment” is often used to describe conduct at work.
For example, an employee might say her manager is harassing her continually for being
late to work.
This is NOT unlawful harassment.
Other examples: “I want to complain about a hostile work
environment. My boss is always:
•
yelling at me,
• using profane language,
• teasing me about the Lakers,
• being obnoxious: he tells the same
stupid football joke everyday, or
• complaining about his kids.
• refusing to talk or respond to
employees
Unlawful Harassment
Unlawful harassment involves conduct aimed at any legally
protected category…
a person’s actual or perceived race, religion, color, age, sex,
sexual orientation, military status, disability, national
origin ethnicity, gender identity or expression, or genetic
information
What is Unlawful Harassment?
It is unwelcome.
It is offensive to both recipient and a “reasonable person.”
It unreasonably interferes with work performance or academic progress.
It mocks or shows hostility toward a person because of a characteristic
that is protected.
It is judged under the same standards of being unwelcome, severe, or pervasive.
Bullying/Cyberbullying may be a violation if it is:
 sufficiently serious that it creates a hostile environment; and/or
 exposes the victim repeatedly and overtime to one or more negative actions, which is
highly offensive to a reasonable person, is intimidating, and is intended to cause and
actually causes the victim to suffer harm or serious emotional distress. (U.S.
Department of Education)
 It often includes comments about race, color, national origin, sex, sexual orientation or
disability.
 Hazing is a form of bullying that is likely to cause physical or psychological harm or
social ostracism when related to group-affiliated activities.
HATE CRIME
NRS 193.1675 or NRS 207.185 defines as a crime against another person. It is motivated by virtue of
the victim’s actual or perceived race, color, religion, age, sex, sexual orientation, military status,
disability, national origin, gender identity or expression or genetic information. In compliance with the
Clery Act the list now includes:
 Murder
 Aggravated Assault (severe bodily injury usually accompanied by the use of a weapon)
 Sexual Assault (Forcible and non-forcible)
 Robbery
 Burglary
 Vandalism
 Arson
 Domestic Violence
 Dating Violence
 Stalking
In Summary…..
•B
e proactive!
If you feel you are being harassed and/or bullied
or you know someone who is,
PLEASE come and let’s discuss it.
Great Basin College
is committed to providing a safe,
comfortable, harassment-free environment.
If you have any questions or concerns, please contact:
Lynn Mahlberg, Vice President for Student Services
Title IX Coordinator – Administrative & Student Conduct Officer
Berg Hall – Elko Campus
(775) 753-2282
or email: [email protected]
References
• atIXa – Association of Title IX Administrators – Title IX Coordinator and Administrator
Advanced Training & Certification Course
• Nevada System of Higher Education (NSHE) – Board of Regents Handbook, Title 2,
Chapter 6 and Chapter 10; and Title 4, Chapter 8
• Great Basin College (GBC) General College Catalog 2014-2015 based on NSHE Policy