AWARENESS AND PREVENTION REGARDING DISCRIMINATORY

HARASSMENT, SEXUAL HARASSMENT AND SEXUAL VIOLENCE, etc.

Westminster College April 27, 2015

PURPOSE OF THIS TRAINING?

The law makes colleges and universities responsible for providing a living, learning and working environment free of discriminatory and sexual harassment, sexual assault and other forms of sexual violence, dating violence, domestic violence and stalking.

You all play a role in carrying out the College’s obligations in this regard.

Focus on your rights and responsibilities, and the importance of AWARENESS, PREVENTION, and RISK REDUCTION.

MULTIPLE LAWS INVOLVED BUT MAIN FOCUS WILL BE ON COLLEGE POLICY

Title IX of Education Amendments╍ April 2011 Dear Colleague Letter

╍ April 28, 2014 Q&A and WH Task Force Report

╍ Numerous pending cases at OCR

SaVE Act Amendments (VAWA & Clery Act)

Notice of Proposed Rulemaking under Clery

Other Federal Laws (Title VII et al.)

State laws

Westminster College Policy

OCR’S DEAR COLLEAGUE LETTER ON SEXUAL VIOLENCE

Sexual violence is a form of sex harassment

It includes rape, acquaintance rape, sexual assault, sexual battery, & sexual coercion

Fed. Govt. is focusing on sexual violence

╍ 4/11 DCL & 4/28/14 Q&A “Guidance” from OCR

╍ Wave of OCR complaints against other schools

╍ White House Task Force Report

╍ Violence Against Women Act & regulations

VIOLENCE AGAINST WOMEN ACT

Sexual Assault

Dating Violence

Domestic Violence

Stalking

Government emphasis on student-on-student conduct

VIOLENCE AGAINST WOMEN ACT

Encourages Prompt and Accurate Reporting of Crimes To Campus Police and Other Appropriate Law Enforcement Agencies

MANDATES Education Programs to Promote Awareness and Prevention of Rape, Acquaintance Rape, Sexual Assault, Domestic Violence, Dating Violence and Stalking: AN ONGOING CAMPAIGN OF PREVENTION

OCR DCL & 2014 Q&A GUIDANCE

Title IX Substantive Requirements

Title IX Procedural/Process Requirements

Prevention: Education and Training

Protective Measures (including interim ones)

Remediation: To survivors and to College community at large

Enforcement: OCR, Clery, Private suits

OBLIGATION TO RESPOND PROMPTLY TO SEXUAL VIOLENCE, DATING

VIOLENCE, DOMESTIC VIOLENCE, ETC. Prompt & fair investigations by qualified persons

of reports of sexual harassment/sexual violence, domestic violence, dating violence & stalking

How to identify sexual harassment/ sexual violence, domestic violence, dating violence, stalking: DEFINITIONS

Reporting obligations under Title IX

How, when and to whom to report

SEXUAL HARASSMENT DEFINED – ANY UNWELCOME CONDUCT OF A SEXUAL NATURE

ANY UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER UNWELCOME VERBAL, VISUAL, OR PHYSICAL CONDUCT OF A SEXUAL NATURE

Traditionally, Two General Categories of Unlawful Harassment

Quid Pro Quo: Harassment resulting in a tangible employment or educational action

Hostile Environment: No tangible employment or academic benefit/detriment needed. (NOTE: hostile environment harassment does not have to be sexual in nature. It can be harassment based upon membership in any protected category.)

Faculty and Administrators must Faculty and Administrators must never base any employment or never base any employment or academic decisions on the existence academic decisions on the existence or rejection of a sexual or romantic or rejection of a sexual or romantic relationship.relationship.

Power Differential: Abuse of Power in Quid Pro Quo Cases

Examples of Tangible Employment or Educational Actions

Termination from job

Expulsion from school

Grade in a course

Demotion or transfer

Cut in compensation or benefits (or denial of an increase)

Negative performance evaluation or reference for graduate school

EMPLOYEES SHOULD NOT:

Engage in a consensual romance with a subordinate or person over whom you have supervisory power

Engage in conduct that could contribute to a hostile or offensive environment

Base employment or academic decisions on the existence or rejection of a sexual or romantic relationship

HOSTILE ENVIRONMENT

No Tangible Employment or Academic Action Needed

Hostile Environment May be Found in Single Instance of Misconduct or in Persistent Behavior

Examples of Contributing Behavior (Sexual) Sexual violence and sexual coercion Unwelcome hugging, kissing, embracing, patting,

pinching, or other types of offensive touching

Persistent unwelcome social invitations

Displaying sexually explicit pictures or other materials (e.g., via computer, smart phone, movies, etc.)

Making sexually suggestive comments or using vulgar/profane language of a sexual nature

Discussing your sex life with students or co-workers

Asking a student or co-worker questions about his/her sex life

Examples of Other Types of Harassing Behavior

Making sexist, racist, or other bigoted jokes Using epithets or slurs related to race, ethnicity, or

religion, gender, national origin, age, disability, etc. Displaying graffiti or other written or graphic material

that reflects hostility or is demeaning toward a person or group because of race, ethnicity, gender, national origin, age, disability, religion, etc.

Threatening, intimidating or hostile acts related to a protected characteristic

DATING VIOLENCE DEFINED

Committed by person who is or has been in romantic or intimate relationship with victim.

Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.

The type of violence need not be sexual in nature.

DOMESTIC VIOLENCE DEFINED

Includes felony or misdemeanor crimes of violence

Committed by current or former spouse, intimate partner of victim, a person with whom victim shares child in common, a person cohabitating with or who has cohabitated with victim as spouse or intimate partner, etc.

STALKING DEFINED

Course of conduct directed at specific person that would cause reasonable person to fear for his/her safety or safety of others; or suffer substantial emotional distress

Examples: repeated phone calls of threatening or harassing manner; repeatedly showing up at someone’s home or place of employment; vandalizing someone’s property; cyber stalking.

CONSENT DEFINED

Sexual activity requires consent

Positive, unambiguous and voluntary agreement

Cannot be inferred from absence of “no”; clear “yes” is required

Must be ongoing and can be revoked

Incapacitated person cannot give consent

Prohibited Conduct Can Be Committed By:

Men against women, women against men, & members of one sex against members of the same sex, & regardless of gender identity

Members of the same race, ethnicity, gender, religion (or other protected class)

Management employees, non-management employees, students and visitors (e.g., outside consultants, vendors, donors, alumni, etc.)

COLLEGE POLICY: PROCESS╍ Confidential Resources for Victims/Survivors

╍ Responsible Employees: defined by OCR

╍ Role of Title IX Coordinator and Deputies

╍ Names and contact information are listed in College’s publications

╍ Prompt, reliable & impartial investigations

╍ Informal resolution process

╍ Formal complaint process

MANDATORY REPORTING AND “RESPONSIBLE EMPLOYEES”

Who is Considered a “Responsible Employee”?

Everyone except those with a confidentiality privilege associated with their profession

College can also exclude from mandatory reporting on-campus sexual assault crisis/advocacy resource centers, if any

Confidentiality Option for Student Victims

Reporting to Title IX Coordinator

Role of Title IX Coordinator in Determining Whether Confidentiality Request Can be Honored

WHAT HAPPENS WHEN REPORT IS MADE OF CONDUCT ALLEGEDLY IN IN VIOLATION OF THIS POLICY?

Prompt & impartial investigation, by qualified, trained personnel

Interim measures & referral to resources such as counseling, medical etc.

Informal Resolution Process: overseen by Title IX Coordinator or Deputy; designed to resolve complaints quickly & to mutual satisfaction of parties, including the College

FORMAL COMPLAINT PROCESS: General Principles & Procedures for Formal Processes are Outlined in the College’s Policy/Handbooks

If violation is found to have occurred, PROMPT CORRECTIVE, PROTECTIVE & REMEDIAL ACTIONS to be taken

CRITICAL ROLE OF TITLE IX COORDINATOR in THIS PROCESS

INTERIM MEASURES

“No contact” orders

Making alternative arrangements regarding housing, dining, extra curricular activities, transportation, student employment, etc.

Making alternative academic arrangements

NO RETALIATION WILL OCCUR:

Retaliation is regarded as a very serious violation of College policy and should be reported immediately. Retaliation by anyone against a complaining party or against anyone assisting in or cooperating with an investigation would be grounds for immediate discipline, up to and including dismissal.

Responsibilities Of All Individuals Regarding Unlawful Harassment:

Read and understand the College’s policies against discriminatory and sexual harassment

Abide by the policies

Ask questions if you do not understand

Be proactive with respect to prevention

Speak up!

Responsibilities Of All Individuals Regarding Unlawful Harassment:

(cont’d) TREAT EVERYONE WITH RESPECT AND

PROFESSIONALISM

WATCH WHAT YOU SAY AND DO

Avoid compromising situations

Refrain from conduct which is, or reasonably may be, offensive or abusive to another

BYSTANDER INTERVENTION

Means safe and positive options that may be carried out by individual(s) to prevent harm or intervene where there is risk of sexual assault, dating violence, domestic violence or stalking

BYSTANDER INTERVENTION

Includes recognizing situations of potential harm, understanding cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene

WHEN YOU RECEIVE A COMPLAINT OR HAVE REASON TO BELIEVE THAT SEXUAL MISCONDUCT HAS OCCURRED:

Inform Victim (if a student) of Confidentiality Options

Assure Victim that his/her concerns will be investigated promptly and fairly

Contact the Title IX Coordinator, a Deputy Title IX Coordinator, or other appropriate person without delay

Be mindful of traumatic impact of sexual violence; refer to support services

OTHER AVAILABLE ACTIONS AND RESOURCES FOR VICTIMS

Counseling, medical services, & victim’s advocacy resources also available

CONTACTING LAW ENFORCEMENT: certain forms of misconduct would also be a violation of criminal law

Victim has option of FILING A CRIMINAL COMPLAINT

OTHER AVAILABLE ACTIONS AND RESOURCES (cont’d)

Criminal complaint may be lodged with New Wilmington police department

No obligation for victim to lodge a criminal complaint

If incident caused physical injury, victim should SEEK MEDICAL ATTENTION immediately

Victim should also PRESERVE ANY EVIDENCE of the incident and injuries as the evidence may assist with investigation and/or serve as proof of a crime

EFFECTS ON VICTIMS/SURVIVORS COULD INCLUDE:

Post-Traumatic Stress Disorder

Depression & Other Psychological Harm

Shock & Disassociation

Anger

Distrust & Feeling Unsafe

Self-Blame and Humiliation

Physical Effects

PENNSYLVANIA ACT 153

Background Checks/Clearances:

Pennsylvania state police report

Pennsylvania child abuse registry

Federal crime report (FBI)

Mandatory Reporting of Child Abuse

What, where and when to report

Definition of Child Abuse