SEXUAL MISCONDUCT: Obligations Under Title IX

Transcription

1 :!! 11/19/14 SEXUAL MISCONDUCT: Obligations Under Title IX Catherine A. Carroll, Title IX Officer, Director Sexual Misconduct & Relationship Violence, Equity & Compliance Offices 1103 Reckord Armory, College Park, Learning Objectives Recognize the serious impact of sexual violence. Identify what is prohibited sexual misconduct. Define your reporting obligations and responsibilities as UMD employees regarding the University s Sexual Misconduct Policy. Describe available resources and reporting options for victims of sexual misconduct. Sexual Assault on Campus 1 in 5 college women will experience sexual violence during the college experience. Many acquaintance rape victims do not label their assault as rape. Research suggests that many women are in denial about their risk for rape. 1

2 Scope of the Problem Victims of sexual assault are 3 times more likely to suffer from depression. 4 in 10 rape survivors develop sexually transmitted infections (STIs) as a result of sexual assault. 8 in 10 rape survivors suffer chronic physical or psychological problems over time. Rape survivors are 4 times more likely to contemplate suicide. Intimate partner violence is the leading cause of injury to women. Stipulations Less than 1 in 20 college women who are victims of rape or attempted rape report it to police or college authorities. Acquaintance rape victims offer a range of reasons for not reporting to authorities: Embarrassment and Shame Self-blame Fear What is Sexual Misconduct? Sexual misconduct is a broad term used to describe conduct of a sexual nature that is prohibited. This includes but is not limited to: sexual harassment, unwanted touching over or under clothing, forced penetration, relationship violence, and stalking. Incidents of sexual misconduct may happen to anyone, regardless of gender or status on campus (students, faculty, staff, visitors). 2

3 Students Faculty UMD Policy Applies to: Staff Campus guests University contractors Other third parties within the University s control Sexual Misconduct Includes: Rape penetration however slight of the vagina, anus or mouth (Referred to as sexual assault in the policy) Sexual assault - unwanted sexual contact (Referred to as nonconsensual sexual contact in the policy) Sexual harassment, including hostile work environment (must be severe and pervasive) and quid-pro quo Sexual intimidation such as stalking and using coercion Sexual exploitation including taking advantage of someone sexually Relationship violence or dating/domestic violence Sexual Intimidation/Exploitation Sexual Exploitation means taking nonconsensual or abusive sexual advantage of another person for one s own advantage or benefit or for the advantage or benefit of anyone other than the person being exploited. Sexual Intimidation - Threatening to sexually assault another; includes stalking, cyber-stalking and indecent exposure. Sexual Exploitation - Prostitution of another person electronically recording, photographing or transmitting sounds or images of private sexual activity or intimate body parts without consent of all parties involved 3

4 Sexual Harassment Defined Quid Pro Quo Submission to, or rejection of, sexual or gender based conduct that is: Made explicitly or implicitly a term or condition of an individual s employment or educational program or activity; or Is used as a basis for academic or employment decisions affecting the individual. Sexual Harassment Defined Hostile Environment Sexual or gender based conduct that is so severe and pervasive that it unreasonably Interferes with an individual s academic or work performance. Sexual Harassment on Campus 62% of college students say they have encountered some type of sexual harassment 35% of females and 29% of males say they have experienced physical harassment. Sexual comments and jokes are the most common form of harassment. More than 50% of female students and just under 50% of male students say they have experienced this type of harassment. 4

5 Sexual Harassment cont. 68% of female students who experience harassment feel very or somewhat upset right after it. 35% of male students admit to being very or somewhat upset. 57% of female students who were harassed felt self-conscious or embarrassed; 55% felt angry. 32% of female students who encountered harassment said they felt afraid and 18% said they were very disappointed in their college experience as a result. Relationship Violence Relationship Violence encompasses a broad range of behaviors, including sexual assault, physical abuse and other acts, threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other. Acts may be directed toward a spouse, an ex-spouse (also referred to as domestic violence ), or by a current or former intimate partner ( also referred to as dating violence ). Sexual Assault I (Rape) (Non-consensual sexual intercourse or oral sex) means any act of sexual penetration with another individual without consent. Sexual penetration includes vaginal or anal penetration, however slight, with any body part or object, or oral penetration involving mouth to genital contact. 5

6 Sexual Assault II Sexual Contact (Non-consensual sexual contact) means any unwanted intentional touching of the intimate body parts of another person or yourself; causing another to touch your intimate body parts; or the disrobing or exposure of another without consent. Intimate parts may include genitalia, groin, breast, or buttocks, or clothing covering them, or any other body part (including your own) that is touched in a sexual manner. Unwanted sexual contact includes attempted sexual intercourse. Retaliation Prohibited Retaliation means intimidating, threatening, coercing, or discriminating against an individual for the purpose of interfering with any right or privilege secured by law or University policy relating to sexual misconduct, or because an individual has made a report, filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding related to sexual misconduct. Retaliation includes retaliatory harassment. Consent Defined Consent is informed; freely and actively given; mutually understandable words or actions; which indicate a willingness to do the same thing, at the same time, in the same way, with each other 6

7 What are your reporting obligations? Federal law and UMD Policy requires that the Title IX Officer receive notice of all reports of sexual misconduct. This means that all disclosures of different types of sexual misconduct shared with a Responsible University Employee, must be reported to the Office of Sexual Misconduct. Responsible University Employee Responsible University Employee (RUE) includes any University administrator, supervisor, faculty member, campus police, coach, trainer, resident assistant, or non-confidential first responder who has the authority to take action to redress sexual misconduct; or whom a student could reasonably believe has such authority or duty. What to do if someone discloses to you Your response can help the healing process Thank them for sharing with you Listen and do not try to investigate on your own - leave that to the Title IX office Offer confidential support services - CARE Support them in making decisions about their next steps Don t judge what they tell you 7

8 Intersection with Criminal Action Standards for a violation of criminal law are different from the standards for a violation of this policy Criminal investigations and proceedings are not determinative of whether a violation of this policy has occurred Conduct may violate this policy even if law enforcement agencies or local prosecutors decline to prosecute. Complaints of sexual misconduct and related internal University processes may occur prior to, concurrent with, or following criminal proceedings off campus. What Not to Do Tell the complainant to ignore the behavior Make light of the situation Attempt to investigate or resolve the situation on your own Wait for someone to complain if you know or suspect sexual misconduct is or has occurred Promise confidentiality What to Do Make the individual aware of the UMD Sexual Misconduct Policy Tell students about your reporting obligations under the Policy and Federal law Listen to the person disclosing Be supportive, without prejudging the situation Encourage the person to contact CARE to Stop Violence Report the incident to the Title IX Office 8

9 Consensual Relationships Between supervisors/supervisees or between faculty/students - must be disclosed to your respective supervisors Relationships involving institutional power differences are: STRONLY DISCOURAGED Often present conflicts of interest May violate professional ethics rules May not end well Also create doubt as to whether they are truly consensual. UMD Response to Sexual Misconduct Leadership Development Training Bystander Intervention Student Online and In-person Training Faculty and Staff Online and In-person Training Calls to Action Reporting & Investigation Office of Sexual Misconduct & Relationship Violence (Title IX Office) Office of Student Conduct Resident Life, Office of Rights & Responsibilities UMPD Victim Support Services At UMD or in the Community Confidential Resources Reporting Options General Information Sexual Misconduct Resources CONFIDENTIAL CARE to Stop Violence at the UMD Health Center 24 hours Crisis Line care@health.umd.edu University Counseling Center Campus Chaplains engagement/ memorial_chapel/chaplains NOT CONFIDENTIAL Resident Student Life Office of Rights & Responsibilities Office of Student Conduct du Office of Sexual Misconduct & Relationship Violence (Title IX Office) titleixcoordinator@umd.ed u 9

10 10