Title IX: Our Community’s Responsibility for a Safer SEU Second Annual Title IX Summit July 17, 2014 1-4 pm, Maloney Room What Is Title IX & How Does It Involve Me? Title IX of the Education Amendments 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 education program or activity receiving Federal financial assistance.” What Else Does It Mean Then? Title IX specifically states that if the institution knows or reasonably should know about a situation where a student was sexually harassed (and all the definitions to follow), the institution MUST act to eliminate the harassment, prevent its reoccurrence, and address its effects. SEU’s Title IX Team • • • Lisa Kirkpatrick, Student Affairs, Title IX Coordinator Sherry Dawson, Human Resources, Title IX Deputy Melinda Terry, Athletics, Title IX Deputy • • • • • • • • • Residence Life: Christy Brown, Noah Corn Student Life: Tom Sullivan (Critical Issues Board Chair for Student Code of Conduct) Dean of Students Office: Steven Pinkenburg, Jen Wichman (Title IX Investigators) Disability Services: Candice Vasquez Human Resources: Rosemary Rudnicki, Mary Dellinger (Title IX Investigators) University Police: Cpt. Dan Beck, Sgt. Homer Huerta Risk Management: Rebekah Nagy Student Affairs: Sara Cowe, administrative support Health & Counseling Center: Beth Charrier What Does It Mean for Me? • You = St. Edward’s • As an employee of St. Edward’s University, if YOU know…St. Edward’s knows. So, Who Are You? Who Are You Video Be Alert for the Following • • • • • • Sexual harassment Sexual assault Stalking Dating or domestic violence Sex offenses Hate crimes based in gender, gender identity or sexual orientation Any of these fall under sexual discrimination according to Title IX and are under the university’s purview as long as they involve someone in the St. Edward’s community (student, faculty, staff, guests) on St. Edward’s property or at a St. Edward’s function (including off campus). Sexual Harassment • “Sexual harassment is any unwelcome direct or indirect verbal or physical conduct that is made a condition of employment , is a basis for employment decisions, or creates an offensive work atmosphere that inhibits work performance.” • http://think.stedwards.edu/hr/content/sexual-harassment • Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent and patently offensive so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” must be based on all of the circumstances. These may include: 1. The frequency of the conduct 2. The nature and severity of the conduct 3. Whether the conduct was physically threatening 4. Whether the conduct was humiliating 5. The effect of the conduct on the alleged victim’s mental or emotional state 6. Whether the conduct was directed at more than one person 7. Whether the conduct arose in the context of other discriminatory conduct 8. Whether the conduct unreasonably interfered with the alleged victim’s educational or work performance 9. Whether the speech or conduct deserves the protections of academic freedom • • http://think.stedwards.edu/deanofstudents/studenthandbook/universitysexualmisconductpolicy Sexual Assault • Any unwanted sexual contact (touching, kissing, fondling or intercourse) committed without consent of the individual or against an individual who cannot reasonably consent. Let’s Talk Consent • Ongoing – Must seek consent for every step of sexual activity • Active Agreement – Seek Nonverbal (active participation) – Verbal Consent (Will you? Why yes!) • Respectful & Honest • “Consent can be given by word or action, but nonverbal consent is less clear than talking about what you want and what you don’t. Consent to some form of sexual activity cannot be automatically taken as consent to any other sexual activity. Silence — without actions demonstrating permission — cannot be assumed to show consent. You will do well to keep in mind that under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.”” • http://think.stedwards.edu/deanofstudents/studenthandbook/universitysexualmisconductpolicy Stalking (Violence Against Women Act-VAWA) • The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: – fear for his or her safety or the safety of others; or – suffer substantial emotional distress. 42 USCS § 13925(a) Dating Violence • Violence committed by a person • Who is or has been in a social relationship of a romantic or intimate nature with the victim • Where the existence of such a relationship shall be determined based on a consideration of the following factors: – length of relationship – type of relationship – frequency of interaction between persons involved in the relationship 42 USCS § 13925(a) • An act that is intended to cause physical harm, bodily injury, assault or sexual assault or reasonably places an individual in fear of imminent physical harm, bodily injury, assault or sexual assault committed by a person: (includes A&B from USCS) Texas Code 71.0021 Domestic (Family) Violence • Crimes of violence committed by current or former spouse or intimate partner: share a child in common; is or has cohabitated with; or another person similarly situated Texas Code 47.004 Hate Crimes (VAWA) • An underlying crime (assault, graffiti) that is motivated by bias/prejudice with regards to: – – – – – – – – Actual or perceived race Gender Religion Sexual orientation Ethnicity Disability National origin Gender identity Hate Crimes Because of these [Holy Cross] values, St. Edward’s University is committed to ensuring and protecting personal and cultural diversity, affirming tolerance, and promoting social justice through recognizing the dignity and worth of each person. The university is committed to a policy of tolerance and is opposed, in both philosophy and practice, to the oppression of diversity by individuals, groups, or the institutional abuse of power. Intolerance refers to an attitude, feeling, or belief wherein an individual shows contempt for other individuals or groups based on arbitrarily selected characteristics. Employee Handbook Statement Against Intolerance Section St. Edward's University is a community of persons from diverse cultural backgrounds (ethnic, racial, creed, religious, gender, sexual orientation, age, disabled and socioeconomic). All parties in this community must strive to understand the individuality and uniqueness of those around us and to value those differences, as well as learn from one another in an atmosphere of positive encouragement and mutual respect. St. Edward's does not condone any form of conduct that goes beyond the legally defined boundaries of discrimination. We will not tolerate verbal or written abuse, threats, intimidation, violence or other forms of harassment against any member of the St. Edward's community. Code of Conduct How Often Does This Happen? 1 in 4 women & 1 in 7 men are victims of severe physical violence at the hands of an intimate partner. 1 in 4 college women are victims of completed or attempted sexual assault. College Students & Stalking • 34% of women of a traditional college age experience stalking. • 30% of men of a traditional college age experience stalking. (http://www.cdc.gov/violenceprevention/nisvs/index.html) What Can I Do? • Whoever is telling you needs: –Empathy –Information –More empathy Information the Complainant Needs You must report it! “I really appreciate you sharing something so sensitive with me. I need to let you know that as a member of this community I am required to protect the safety of our SEU community, including you. Part of my responsibility in that is a requirement to report something of this nature to our campus Title IX Coordinator. Let me tell you a little more information about what that might mean for you so you can make the decisions you feel most comfortable with.” More Information for the Complainant • Reporting Choices: – Complainant can report to the University (Director of Human Resources or Associate Dean of Students) – Can refuse to participate in investigation that has been started • Complainant can request confidentiality of their identity and the Title IX Coordinator/Investigator will honor request as much as possible • Complainant can report to law enforcement (UPD or other agency) • Although these entities might work together, the investigations are separate and parallel processes. What Kinds of Help Are Available? • Counseling – Students, faculty and staff have a variety of options for counseling to help process their experience • Safety Planning and Emergency Housing – there are options on and off campus for a survivor to begin to feel more safe • Legal Help – Several advocate resources also serve as legal advocates Resources to Share with Complainants • Resources for Support – – – – Counseling Legal Safety Planning Housing • Confidential Sources on Campus – Health & Counseling Center – Campus Ministry priests – SEU Employee EAP 512-448-8538 512-448-8499 (800) 343-3822 • Confidential Sources Off Campus – Safe Place – Saheli – YWCA 512-267-SAFE 877-281-8371 (512) 326-1222 Who Do You Report To? • Complaint against student • Complaint against faculty/staff • Any confusion about to whom to report Steven Pinkenburg, 512-448-8408 Associate Dean of Students, Title IX Investigator Mary Dellinger, 512-448-8542 Associate Director, Human Resources, Title IX Investigator Lisa Kirkpatrick, 512-448-8408 Assoc. VP for Student Affairs/Dean of Students, Title IX Coordinator What Happens Next? (University Side) • Title IX Coordinator and other key campus offices will work to enact immediate remedies to ensure safety of the complainant and others – Housing – Class Schedules – No contact/protective orders • If the student has given enough information to trigger and investigation already or if the student wishes to have an investigation done, Title IX Investigators will begin to gather information, which may include talking to the survivor/complainant, the accused/respondent, any “witnesses.” – Both parties are able to have an advisor (HCC advocate, attorney) present What Happens Next? (University Side Continued) • Title IX investigators will simultaneously alert complainant and accused of steps taken in the process and the outcome, including sanctions • Both the complainant and the accused are able to request an appeal • The entire University process is to take no longer than 60 days (so action is quick) What Happens Next ? (Law Enforcement Side) • An officer will likely contact the student to gather more information and inquire about whether the student wants to press charges. • The student can decline to participate at all. • Law enforcement may follow-up by questioning any witnesses or the alleged perpetrator depending on the information they have/receive. • Investigations where both Dean of Students and University Police are involved are done concurrently and collaboratively as much as possible. Dynamics of an Abusive Relationship GROUP ACTIVITY Basic Instructions: • Assume the role of the student you are given • Make a group decision about what to do next • If you get a result card that ends your progress, talk about questions posed and pick a new one Dynamics of an Abusive Relationship Questions to Consider: 1. What are the indicators of a healthy/unhealthy relationship here? 2. How does the student’s background and cultural context influence decisions? (or how might it be different if the student was different?) 3. What myths or biases about abusive or stalking relationships do you observe yourself or others having? Dynamics of an Abusive Relationship Processing: 1. What reactions did you have to the exercise? 2. What was difficult/frustrating about the situations you were in? 3. How did you observe that the student’s identity and background influenced your decisions? 4. How could you in your role with students help a student in a situation like this? Thank you for taking the time… Questions?