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Title IX: Law, Policy and Governance Basics

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Maria Cerce

on 18 November 2014

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Transcript of Title IX: Law, Policy and Governance Basics

Miles to Understanding
Mile One: What is Title IX?
Mile Two: What is the Dear Colleague Letter 2011?
Mile Three: What is the White House Task Force?
Mile Four: What is the F.A.Q.?
Mile Five: How does Title IX affect me?
Mile Six: How does Clark IX?

NASPA/ACPA Professional Competency: Law, Policy, and Governance (Basic)
https://www.naspa.org/images/uploads/main/Professional_Competencies.pdf
What is Title IX?
Title IX, of the Education Amendments of 1972, is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding.

10 Key Areas: Access to Higher Education, Athletics, Career Education, Education for Pregnant and Parenting Students, Employment, Learning Environment, Math and Science, Sexual Harassment, Standardized Testing, Technology

Clark University receives such assistance and complies with this law and its implementation of regulation at 34 C.F.R. Part 106 (Student Handbook, pg. 43)
What is the Dear Colleague Letter (2011)?
Letter issued by the Department of Education, Office for Civil Rights (OCR) to colleges and universities that explains that Title IX, which covers sexual harassment, applies to sexual violence:
Sexual harassment can qualify as discrimination under Title IX if it is “so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an educational opportunity or benefit.” Courts have generally found that even a single instance of rape or sexual assault by another student meets this standard.
It reminds schools of their responsibilities to take immediate and effective steps to respond to sexual violence.
It clarifies definitions: sexual violence means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.
What is the white house Task Force?
President Obama established the White House Task Force to Protect Students from Sexual Assault on January 22, 2014, with a mandate to strengthen federal enforcement efforts and provide schools with additional tools to combat sexual assault on their campuses.
Co-Chaired by the Office of the Vice President and the White House Council on Women and Girls

On April 29, the Task Force released its first, Not Alone report, announcing a series of actions to: (1) identify the scope of the problem on college campuses, (2) help prevent campus sexual assault, (3) help schools respond effectively when a student is assaulted, and (4) improve, and make more transparent, the federal government’s enforcement efforts.
http://www.whitehouse.gov/sites/default/files/docs/report_0.pdf
What is the F.A.Q.?
In the Not Alone report, there were many helpful links to resources for colleges and universities, including a link to the Office for Civil Rights' answers to 45 frequently asked questions regarding the 2011 DCL.

http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf


How does title IX Affect me?
We are Responsible employees (as are Clark RAs)

Need to know the law, mishandling cases of sexualized violence can have a detrimental effect (community, residents' trust, federal funding, name/character of University, enrollment, funding)

We have a responsibility to the survivor...remove obstacles to our students success (Helpers)

Uphold campus safety, crisis management, prevention (facilitation of bystander training is coming to the halls)
How does Clark IX?
Grantee of Dept. of Justice through Office of Violence Against Women (entering 3rd year)
CAVE: Clark Anti-Violence Education Program
Bystander Training as part of week one (online...with follow-up facilitated in person in the res-halls)
Climate survey conducted for 6 years
Adaptation and creation of policies around sexualize violence and misconduct, including grievance procedures, accessible through the Student Handbook
Coordinated Campus Response Team CCRN
Title IX Team
You've reached the check point
Rest up before the next leg of your journey!
IX
Title IX
6 Miles
Explains that a school has an independent responsibility to investigate and address sexual violence (a school must investigate, irregardless of criminal proceedings)

Mandates schools to publish a policy against sex discrimination, designate a Title IX coordinator, and adopt and publish grievance procedures.

Discusses proactive efforts schools can take to prevent sexual violence.

Discusses the interplay between Title IX, FERPA, and the Clery Act as it relates to a complainant’s right to know the outcome of his or her complaint.

Provides examples of remedies and enforcement strategies that schools may use to respond to sexual violence (as it relates to a complainant’s right to know the outcome of his or her complaint, including relevant sanctions facing the perpetrator).
What does the DCL Do?
http://www.whitehouse.gov/1is2many/
Sexual violence is more than just a crime against individuals. It threatens our families, it threatens our communities; ultimately, it threatens the entire country. It tears apart the fabric of our communities. And that’s why we’re here today -because we have the power to do something about it as a government, as a nation. We have the capacity to stop sexual assault, support those who have survived it, and bring perpetrators to justice.
-President Obama

Title IX protects all students, regardless of their sexual orientation or gender identity, immigration status, or whether they have a disability;

non-professional on-campus counselors and advocates like those who work or volunteer in on-campus sexual assault centers, victim advocacy offices, women’s centers and health centers can generally talk to a survivor in confidence;

questioning or evidence about the survivor’s sexual history with anyone other than the alleged perpetrator should not be permitted during a judicial hearing;

adjudicators should know that the mere fact of a previous consensual dating or sexual relationship does not itself imply consent or preclude a finding of sexual violence; and

the parties should not be allowed to personally cross-examine each other.
Clarifications in The new guidance
Title IX Coordinator
Role: In charge of Title IX team (all must take a vow of confidentiality), Is notified of violations, ensures investigation and fair process, as well as University compliance (Title IX check-list), Investigates in Clark employee cases.
Deputy (Athletics)
Deputy (Business Office)
Paul Wykes
Deputy (DOS)
Role: Receives crisis calls and sexual violence reports. Notifies Title IX coordinator. Approves interim measures: class changes, assignment/test flexibility, No Contact Orders (through UP), interim suspensions. Sends outcome letters from Sexual Misconduct Hearing Board to claimant and respondent. All appeal decision appeals processed by her. In charge of professional who enforce judicial sanctions. Approval for policy and conduct changes to the Student Handbook.
Deputy (faculty)
deputy (UP)
Role: Responds to crisis. Informs survivor of resources. Offers to escort survivor to SANE hospital. Investigates Sexual Assault cases. Collects evidence which can be used for criminal or judicial process. Informs Dean-on-Call and Title IX Coordinator. Enforce judicial sanctions such as No Contact Orders. Reports crime data to Clery Act. Annual reports emailed to campus. Safety Notices emailed to the campus via timely warnings (Jack Foley). Increase monitoring in high risk area.
Phone: (508) 793-7397
jcapomacchio@clarku.edu
Jacqueline Capomacchio
Director of Human Resources and Affirmative Action, HIPPA Monitor
Appointed
February 17, 2012
Trish Cronin
Director of Athletics
Role: Reporter of Incidents, Ensure Coaches (17 total) report up to Title IX Coordinator
Willing to serve on Sexual Misconduct
Board
Business Manager and Emergency Plan Coordinator
Role: Expertise with insurance, risk, and legal implications.
Questions? Comments? Concerns?
Responsible Employee
Sexual Assault Protocol
A responsible employee includes any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate school official; or whom a student could reasonably believe has this authority or duty. Whether an employee is a responsible employee will vary depending on factors such as the age and education level of the student, the type of position held by the employee, and consideration of both formal and informal school practices and procedures.
Physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent (for example, due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, fellow students, students from other schools, or third parties. Sexual violence is a form of sexual harassment.
Sexual Violence:
Denise Darrigrand
Dean of Students, VP of Student Affairs
Sgt. Lauren Misale
Sexual Assault investigator
Role: Contact for Faculty. Informs Title IX Coordinator.
Davis Baird
Provost and Vice President for Academic Affairs
http://www.clarku.edu/offices/dos/titleix.cfm
http://knowyourix.org
http://www.whsv.com/home/headlines/Former-JMU-Student-Speaks-Out-on-Sexual-Assault-263548111.html
If a person reports the they have been sexually assaulted:
1. The RA should contact the RLH Pro-Staff on call via PHONE immediately.
***If the person requests or is in obvious need of immediate medical attention, University Police should be contacted and EMS requested first.***
2. The RLH Pro-Staff on call will then address the situation and let the RA know if further assistance is needed.
3. The RA will be instructed by professional staff to submit an Incident Form.
Do not relay any information about sexual assault over the radio.
Professional Staff Response:
When notified that there has been a sexual assault, the Pro-Staff member will notify the Dean of Students Office. The Dean of Students or the Dean on call will provide direction as to the appropriate response. The Dean of Students or Dean on call may as the Pro-Staff on call to meet with the student and take steps to comfort the survivor. Tips for talking to the student include listening to the information they want to disclose, believing them and reminding them that it is not their fault. The Pro-Staff member should tell the survivor about the services on-campus that are available to them (counseling services, the survivor's guide and the Dean of Students) and to the off-campus services including Pathways for Change, which has a 24-hour hotline for survivors of sexual assault (800-870-5905) and Daybreak out of the YWCA. The Pro-Staff member tells the student that their conversation will remain private but that they have to inform the Dean of Students. If the student wants to talk to the Dean of Students make sure to let them know that option is available to them. If there is a safety issue or concern, we can relocate the student to another living space on campus.
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