Office of Title IX Coordination 102 Gahagen House

Transcription

1 Gender Based Misconduct and the Responsible Employee Fall 2015 Office of Title IX Coordination 102 Gahagen House

2 Agenda Gender-Based Misconduct & Federal and State Legislations Reporting Responsibilities Confidentiality Retaliation How you can be involved

3 Current Climate: Spreading awareness, Increasing response 4 areas of government addressing issue of interpersonal & sexual violence: NY State Legislation DOJ (Department of Justice) OCR (Office of Civil Rights) White House Task Force to Protect Students from Sexual Assault Students and parents are utilizing social media to organize, spread awareness, and demand change There has been a national call to community members to serve as active bystanders with the goal of mobilizing a cultural shift and changing the accepted norms surrounding sexual and interpersonal violence (

4 NY STATE LEGISLATION ENOUGH IS ENOUGH NY State law requiring public & private colleges to implement: A uniform definition of affirmative consent, defining consent as a knowing, voluntary, and mutual decision among all participants to engage in sexual activity; An amnesty policy, to ensure that students reporting incidents of sexual assault or other sexual violence are granted immunity for certain campus policy violations, such as drug and alcohol use; A Students Bill of Rights, which campuses will be required to distribute to all students in order to specifically inform sexual violence victims of their legal rights and how they may access appropriate resources. The Bill of Rights clearly states that students are given the right to know they can report sexual assaults to outside law enforcement, including the State Police; Comprehensive training requirements for administrators, staff, and students, including at new student orientations.; Reporting requirements for campuses to annually submit aggregate data on reported incidents of sexual violence and their adjudication and handling to the State Education Department;

5 Additionally, the new law includes: The creation of a new unit within the State Police called the sexual assault victims unit, with a focus on advanced training in responding to sexual assaults and related crimes that shall also provide assistance to campus police or local law enforcement, as well as training to college campus communities; A commitment of $10 million to help combat campus sexual assault through various partners, split in the following manner: $4.5 million to rape crisis centers to provide services and resources to students, $4.5 million to the State Police to create sexual assault victims unit, and $1 million to colleges and universities; and A requirement for first responders to notify survivors of their right to contact outside law enforcement.

6 Federal Legislation Section 304 of the VAWA Reauthorization Act 2013 The Violence Against Women Act (VAWA) Reauthorization Act of 2013, signed into law on March 7, 2013, improved upon lifesaving services for all victims of domestic violence, sexual assault, dating violence and stalking to include: Native women Immigrants LGBT victims College students and youth Public housing residents Section 304 is a section of the Violence Against Women Reauthorization Act 2013 amending the federal *Clery Act & designed to be a companion to Title IX Final Regulations released on October 20, 2014 *Originally known as the Campus Security Act, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC 1092(f)) is the landmark federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses.

7 Additional Federal Legislation 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 & 34 C.F.R Part 106

8 A quick glance side by side Section 304, VAWA Broadens definition and recognition of who is impacted by interpersonal violence Impacts requirements for on-going educational and awareness programs Promotes bystander intervention as a preventative measure Impacts requirements for interim accommodations: housing, academic, work environment Title IX Impacts requirements for campus policy and procedures in addressing Gender-based Misconduct Impacts standard of evidence for findings of policy violation Impacts campus requirements for responding to Genderbased misconduct Impacts requirements for who must report gender-based misconduct

9 More on Title IX Civil Rights legislation, overseen by Department of Education Office for Civil Rights (OCR), addressing gender equity and prohibiting sex-based discrimination in educational programs and activities. Legislation applies to all institutions that receive federal funding Until recently, Title IX was most notably recognized for its impact in gender equity in Athletics April 4, 2011 Dear Colleague Letter highlighting the issue of sexual misconduct on college campuses April 24, 2013 Dear Colleague Letter addressing the issue of retaliation April 24, 2015 Dear Colleague Letter addressing the role and responsibilities of the Title IX Coordinator Applies to all members of the academic community: faculty, staff, students, visitors, & guests

10 What is the OCR?? The Office of Civil Rights is a government division that: Enforces several federal civil rights laws that prohibit discrimination in programs or activities that receive federal funding from the Department of Education The laws: prohibit discrimination on the basis of race, color, national origin, sex, disability, and on the basis of age Extend to all state education agencies, K-12 schools, colleges & universities, vocational schools, state vocational rehabilitation agencies, libraries, and museums that receive U.S. Department of Education funds.

11 Where does Title IX apply? Title IX protects everyone involved with Bard programs from sex discrimination in: Academics Activities Admissions Athletics Employment Financial Assistance Housing Recruitment

12 What does Title IX apply to? Gender-equity: Ensuring all members of the community have access to the institution s educational resources & opportunities This presentation highlights Title IX specifically in relation to gender-based misconduct Title IX & Gender Based Misconduct Brochure

13 What is Gender-Based Misconduct? Misconduct directed at an individual based on: biological sex gender identity perceived lack of adherence to socially defined norms of masculinity or femininity Behaviors include: Physical abuse Sexual abuse Psychological abuse Verbal harassment Threats Coercion Stalking Economic deprivation Exploitation

14 Gender-Based Misconduct at Bard: Gender-Based Harassment Non-consensual Sexual Contact Non-consensual Sexual Intercourse Intimate Partner Violence (inclusive of dating and domestic violence) Stalking Sexual Exploitation Sexual Harassment It is often perceived that women and girls are the most at risk and affected by gender-based misconduct. However, boys and men also experience gender-based misconduct, as do sexual and gender minorities.

15 A Statistical Snapshot of Gender-Based Misconduct 1 in 5 women and 1 in 10 men report being sexually assaulted during their college years In survey of 412 college students, it was found that 11.7% of gay or bisexual men and 30.6% of the lesbian or bisexual women indicated that they had been forced to have sex against their will at some point in their lives In a survey of 403 transgender people, 78% reported having been verbally harassed and 48% reported having been victims of assault, including assault with a weapon, sexual assault A study by the American Association of University Women found that more than 70 percent of LGBT students encounter sexual harassment at college from fellow students, faculty members and campus employees More than 1/3 of women sexually assaulted as minors are sexually assaulted again in adulthood

16 How does Title IX impact institutional response to gender-based misconduct? Impacts requirements for campus policy and procedures in addressing genderbased misconduct Impacts standard of evidence for findings of policy violation Impacts requirements for who must report gender-based misconduct

17 Campus Policy & Procedures Access to policy information can be found in: Addressing Gender Based Misconduct Handbook Title IX Website Outline for Grievance process: Prompt, impartial, equitable 60 day timeline for investigation review Access to advisor of choice Impartial external investigator Protection from retaliation Right to Appeal based on: Evidence of procedural or material error Substantive new evidence is presented Information will only be shared as necessary to response

18 What determines a hostile environment? A hostile environment may exist when it adversely affects or denies one s ability to participate in or benefit from a school s program Harassment can occur even if it is not targeted specifically at the individual complainant Determination of a hostile environment will consider all relevant circumstances: Patterns of behavior: A series of incidents may create a hostile environment even if each incident would not be sufficient individually Environment: i.e.: restricted area, public vs. private Surrounding circumstances, expectations, & relationships: i.e.: general instructor vs. senior project advisor, supervisor vs. coworker

19 Type, Frequency, and Duration of Conduct In most cases a hostile environment will exist if there is a pattern or practice of harassment, or if the harassment is sustained and nontrivial The more severe the conduct, the less need to demonstrate a repetitive series of incidents, particularly if the harassment is physical Conduct that is not severe, while potentially inappropriate, will not create a hostile environment (e.g. one student commenting that another student has a nice figure)

20 Who is a Responsible Employee? All Bard administrators, faculty, and professional staff members are responsible employees. A responsible employee includes anyone who: Has the authority to take action to redress the misconduct/harassment Has the duty to report harassment/misconduct to appropriate officials Is an individual a student could reasonably believe has this authority or responsibility

21 What is a Responsible Employee required to do? Once a Responsible Employee has either actual or constructive notice of possible misconduct they must notify the Office of Title IX Coordination so that Bard can take action If an individual has not shared identifying information they can still be connected with our office to review options, rights, and resources available to them A formal complaint does not have to be made to request academic, housing, or workplace accommodations.

22 How should I respond to a disclosure? Use active listening skills Listen without judgment Display empathy Be aware of non-verbal cues, be open in your posture Let individual lead the conversation Believe them Protect the individual s privacy-inform them who you will need to share information with and why Connect them with the Title IX Office

23 What prevents individuals from reporting? Unclear reporting process Fear of not being believed Fear of retaliation Emotional disassociation & exhaustion Isolation from peer group Fear of further victimization

24 Reporting Options Institutional: Initiates an external investigation, overseen by the College s Title IX office, to determine whether Bard policy has been violated. Criminal: Initiates a criminal investigation involving the justice system to determine if a crime has been committed. Please Note: The law of the state of NY (Education Law section 6434) does not permit the College to make a report to the police, unless the survivor has requested our assistance in doing so. OCR notes that Title IX investigations are different than law enforcement investigations, and a criminal investigation does not relieve the institution of its responsibility to act in a prompt, thorough, and impartial manner.

25 What action must Bard take in response to disclosure? Bard must take immediate and appropriate efforts to investigate* what occurred Bard must take prompt and effective action to Stop the misconduct Remedy the effects Prevent the recurrence Protect against retaliation *Investigation of a disclosure does not imply a formal investigation. It indicates outreach to the individual impacted, review of rights, options, and resources. And an assessment of the impact to the greater campus community to determine the most appropriate response for the safety of all community members.

26 What happens when a report is received? The Title IX office has an obligation to respond to ALL reports, regardless of: the location of the incident if the behavior has created a hostile environment on campus who files the complaint: student, parent, third party The Title IX office will review rights, resources and reporting options with those named in the report, begin a preliminary investigation into incident, assess level of concern to larger campus, and respond in consideration of the complainant s wishes and the threat to the greater community

27 Confidentiality & Anonymous Reporting Who can provide on-campus confidential support: Counseling Center, x7433 Rebecca Stacy, Director of BRAVE, x7557 Health Services, x7433 Chaplaincy, x 7335 Anonymous reports can be submitted through campus or regular mail to: The Office of Title IX Coordination Bard College Gahagen House 102 Annandale-on-Hudson, NY Or On-line All other employees must notify the Office of Title IX Coordination

28 Retaliation It is unlawful for Bard to retaliate or prevent someone from bringing a complaint forward or participate in an investigation It is unlawful for students or employees to retaliate against those involved in filing a complaint or participating in an investigation

29 Summary As responsible employees at Bard College, if you have knowledge of gender-based discrimination or harassment you are required to contact the Office of Title IX Coordination to share information so that Bard may take all appropriate measures to: Stop the behaviors Remedy the effects Prevent recurrence

30 How can I be involved? Inquire with a student if there is a change in behavior patterns/academic performance Learn how gender-based misconduct affects your area of study and address it inside and outside the classroom. Be an active bystander: If you have ANY questions Call the Title IX

31 Additional training United Educators Workplace Harassment Prevention & Campus SaVE Act awareness training : Directions for accessing online training: To access the courses, employees should follow the web link below to EDURISK's Online Learning Portal and enter the registration code that validates their eligibility to take the course. Once the registration code is accepted, learners can register for and take any of the courses. Please provide your learners with these instructions to access UE s online course: 1.)Click on the link: 2.) First-time users should select the link to create a new account on the right side of the screen Use this institution registration code: 0738-SE37-XY12 Provide specific information about your role at the institution and then create a username and password 3.) Use your username and password when you log in to the portal using the link provided in step 1 4.) Click on "Workplace Harassment Prevention" - to launch the learning program for Workplace Harassment Prevention 113 & then the module appropriate to your position. Click on "Campus Safety Elimination Act" to launch the learning program for CS-102: Introduction to the Campus SaVE Act for Employees Click on Lasting Choices: Protecting Our Campus from Sexual Assault to launch the learning program addressing sexual violence on campus. 5.) Once you complete the training you can print a transcript (you do not need to submit this to HR). For this information on line visit:

32 Where to find us Office of Title IX Coordination 102 Gahagen House