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Title IX: Faculty 2018

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Sara Klein

on 22 August 2018

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Transcript of Title IX: Faculty 2018

What are Wagner's policies
related to Title IX?

Consent
How to Report an Incident
of Sex Discrimination or Sexual Violence
Affirmative Consent is...
Consent CANNOT be given when...
a person is incapacitated

it is the result of any coercion, intimidation, force, or threat of harm

a person is mentally impaired

a person is less than 17 years old
Dr. Ruta Shah-Gordon, Vice President for Internationalization, Intercultural Affairs, and Campus Life
(if it involves a student)
Ms. Jazzmine Clarke-Glover, Chief Human Resources Officer
(if it involves a college employee)
New York Police Department
Options for Complainants
No Communication Order or other campus accommodations (room/class changes, etc)
File a report with the NYPD; consider Order of Protection
See a counselor at Wagner or elsewhere
Go to the hospital for an exam (within 96 hours for forensic evidence to be collected)
Have a medical exam at Wagner or with a private doctor
Responsible Employees
Sanctuaries
All Other Employees



Center for Health and Wellness staff
Personal Health Care Provider
Personal Attorney
Religious/Spiritual Counselor, including the Wagner College Chaplain and ordained Chaplain liaisons

All other employees of the College (staff members not mentioned above) are asked to, at a minimum, share general, anonymous information regarding potential incidents of sex discrimination and/or sexual violence with a Title IX Coordinator.
File a Formal Report
Respondent
Sexual Violence Review Board
Decision Made and
Communicated to Both Parties
Once an Incident is Reported...

Complainant
Initial Conference with Hearing Officer
Offered resources, including meeting with Support Person and/or Advisor of Choice, and/or a counselor in Health and Wellness
No Communication Order Issued
Possible change of room, classes, etc.
Given information about Sexual Violence Review Board Process
Make a decision about accepting responsibility
If necessary, prepare for Sexual Violence Review Board
Prepare for Sexual Violence Review Board if necessary
Support Person and/or Advisor of Choice
Continue to seek support and utilize resourcesNo Communication Order Issued
Possible change of room, classes, etc.
Sara Klein, Ph.D.
Dean of Campus Life and Engagement
and Title IX Coordinator
Wagner College
Title IX Training
Wagner College Faculty
August 2018
Inform Someone
Sexual Violence
Sexual violence can be perpetrated by anyone, to anyone, anywhere.
Sexual violence is most often perpetrated by men but this does not mean victims are always women.
Sexual violence is most often committed by someone known to the survivor.
Sexual violence occurs across all races, ages, socioeconomic statuses, genders, and sexual orientations.
Sexual violence of all kinds are not acts of sexual passion; they are crimes of power, control, entitlement, and degradation.
The Victims
1 in 4 women will be the victim of rape or attempted rape in her lifetime.
1 in 11 American men experienced an attempted or completed rape in their lifetime.
80% of sexual assault and rape victims are under age 30.
About 44% of rape victims are under age 18.
Statistics from RAINN and Bureau of Justice Statistics, US Department of Justice
So how can I support a student who experiences sexual misconduct?
The Timeline
Visit the hospital immediately.
SAFE Centers of Excellence are preferred.
Care performed by a specially trained Sexual Assault Forensic Examiner (SAFE)
Timely, compassionate, patient-centered care
Assurance about the quality of collection, documentation, preservation, and custody of physical evidence
Support by a trained Rape Crisis Advocate or Counselor
Replacement clothing, as needed
Reliable referrals
Medical Options
Medical Exam (treatment and documentation of injuries)
Forensic Exam (evidence collection kit, drug facilitated rape kit)
Prevention Medications (Pregnancy, STIs, HIV)
Forensic Rape Exam

NY State Law mandates that hospitals hold the kit for 30 days (many hold for longer)
Kits are NEVER analyzed if client does not report
If police respond to ER and client wants to report, police may take the kit into custody
Office of Victim Services
provides compensation to innocent victims of crime
provides direct reimbursement for sexual assault forensic exams performed by a hospital
allows a victim to choose NOT to go through their insurance if that information could interfere with personal safety
Safe Horizon can help with the application
Legal Options
Calling the police (ALWAYS the survivor's choice)
Order of Protection (via Family Court)
Why Don't Survivors Report?
FEAR

(not being believed, people finding out, being arrested, being outed)
Possible cultural/religious rejection
Stigma
Don't want to get the perpetrator in trouble
Shame and self-blame
Distrust of law enforcement, those in charge
Fear of retaliation
Trauma
The personal experience of witnessing or experiencing a highly stressful event(s) in which:
The individual is overwhelmed and unable to cope with his/her emotional reaction to the event, or

The individual experiences an intense fear, helplessness, loss of control, or threat to life or bodily integrity.
Common Effects of Trauma
physical effects, injuries, health issues
hyperarousal, exaggerated startle response
guilt, shame, embarassment, self-blame
anger, depression, loss of self-esteem
intrusion of experience - flashbacks, nightmares, intrusive thoughts
impaired thinking - confusion, disorganization
avoidance
disconnection from others and experiences
Coping with Trauma
everyone responds differently
coping methods become deeply ingrained
coping methods are ways survivors find to protect sense of well-being
negative coping: self-harm, substance abuse, running away, ignoring problems, avoiding trauma triggers, isolation, angry outbursts
positive coping: exercise, writing, prayer, singing, dancing, reading, TV, talking to a friend, crying
How should I react to a disclosure?
Validate
Empathize
Normalize
Understand
Be ready to hold knowledge
Believe
Refer and Report
"You are not alone."

"No one should have to live with violence."

"You don't deserve to be treated this way."

"You are not to blame."

"Help is available to you."

Safe Horizon's Services
Crisis Intervention
Individual Counseling
Group Counseling/Support Groups
Advocacy with the Criminal Justice System
Accompaniment to Court/Police Precinct/Hospitals
Practical/Emergency Assistance
Community/Public Educational Presentations

All services are free and confidential.

Ruta Shah-Gordon
x4254 or Union 4th floor
rshahgor@wagner.edu

Jazzmine Clarke-Glover
x3280 or Union 221 (2nd Floor)
j.clarke-glover@wagner.edu

wagner.edu/titleix

What is Title IX?
Responsible Employees CANNOT guarantee full confidentiality or secrecy, but will be as discreet as possible when sharing information with others.

Information provided to a Responsible Employee may be disclosed to appropriate College officials who have an “essential need to know” in order to carry out their College responsibilities.
What is my role?
Initial Conference
Appeal Process (if needed)

1. Sexual Harassment. Unwelcome, gender-based verbal, non-verbal, or physical conduct that is sexual in nature and sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the College’s educational programs and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation.

2. Sexual Violence. Physical sexual acts perpetrated against a person’s will or perpetrated where a person is incapable of giving consent.
a. Sexual Assault. A physical sexual act or acts committed against another person without consent. Sexual assault includes what is
commonly known as “rape” (including what is commonly called “date rape” and “acquaintance rape”), fondling, statutory rape
and incest. Rape is defined as actual or attempted penetration accomplished by threats, coercion, or physical force. It includes
nonconsensual vaginal, anal, or oral penetration by penis, finger, or any object.
b. Domestic Violence. Includes, but is not limited to acts constituting disorderly conduct, harassment, aggravated harassment,
sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping,
assault, attempted murder, criminal obstruction or breaching or blood circulation, or strangulation; and such acts have created a
substantial risk of physical or emotional harm to a person or a person’s child. Such acts are alleged to have been committed by a
family member.
c. Dating Violence. Dating violence is violence that occurs between people who know each other: boyfriends and girlfriends or same
sex partners whether or not they live together. The violence may be physical, but it can also include threats, enforced social
isolation and/or humiliation, intimidation, harassment, emotional mistreatment, financial control, forced sex or making threats
with regard to family, friends, and/or children.

3. Stalking. Stalking is defined as non-consensual communication with, and/or harassment of another person. It is the willful, malicious and repeated harassing or threatening of another person which, as a pattern, tends to escalate in both intensity and frequency over time and can last for many years. The behaviors may include, but are not limited to: repeated following, repeated telephone calls and hang-ups; letters; unwanted gifts and packages; spreading harmful gossip about victims; breaking-and-entering that can include vandalism, theft, or even simply rearranging objects so that victims know the stalker was there.

A knowing, voluntary, and mutual decision among all participants to engage in sexual activity.

Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.

Silence or lack of resistance, in and of itself, does not demonstrate consent.

The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

Consent to any sexual act or prior sexual activity between or with any party does not necessarily constitute consent to any other sexual act.

Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.

Consent may be initially given but withdrawn at any time. When consent is withdrawn or can no longer be given, sexual activity must stop.
But how do you know when someone is incapacitated?
lacks the ability to knowingly choose to participate in sexual activity

may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent

depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants MAY be incapacitated and therefore unable to consent
Confidentiality
Any Responsible Employee
Get tested for STIs, HIV, pregnancy

The College's Title IX Coordinators
Faculty (full- and part-time)
Staff in the Dean of Campus Life Office, Office of Residential Education (this includes Resident Assistants and other student employees), Office of Co-Curricular Programs, Center for Academic and Career Engagement, the Center for Intercultural Advancement, and the Center for Leadership and Community Engagement
Public Safety Staff
Athletics Administrators and Coaches
Presidents and Vice Presidents (Senior Staff of the College)
Any employee of the College who accompanies students on an excursion or trip off of the campus is a Responsible Employee for the duration of that trip
Decide whether or not to pursue the College's conduct process
Wagner College Prohibits..
All Wagner College Faculty are
Responsible Employees at Wagner College

Guidance around Transgender and Non-Conforming People
Schools must remove barriers
Safe non-discriminatory environment
Identification Documents, Names, and Pronouns
Sex-Segregated Activities and Facilities
restrooms, locker rooms, social fraternities and sororities, housing
Privacy and Educational Records
Full transcript