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SCU and Title IX

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by

Matthew Duncan

on 7 September 2016

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Transcript of SCU and Title IX

CONSENT
mutually
understandable
words or actions
demonstrate
voluntary
agreement
engage in mutually
agreed upon sexual activity
Title IX
Prohibits
gender discrimination
sexual harassment
sexual assault =
a physical sexual act against a person's will

sufficiently
severe, persistent, or pervasive
unreasonably
interferes with or limits
ability
to participate or benefit from an educational program
SCU is committed to
take
immediate action
to eliminate the harassment
prevent its
recurrence
and address its
effects

Required
to have
and publish
grievance procedures
for sexual discrimination complaints....

...and the procedures are
applicable to

on
and
off campus
incidents.
Must conduct a
prompt,
thorough, & impartial
investigation that is
independent
of any criminal
proceedings
Investigation
clear, knowing, and voluntary
Active -
NOT passive
Informed, active, and freely given
There is
no consent
when....
...the act is forced, coerced, or nullified by a person's incapacitation.
What about non-action?
Non-action or silence
cannot be

interpreted as
consent
.
Culture
against
harassement
Reporting
Title IX requires:
Title IX, Our Responsibilities, and Consent
Resources & the Recovery Curve
Bystander Responsibility
including sexual assault
is
gender discrimination
Hostile Environment
Behaviors in Violation
of Title IX
Sexual harassment, assault, or exploitation
discrimination
intimidation
hazing
bullying
stalking
relationship violence

Gender Based
Words to communicate your support:
I really appreciate you sharing something so sensitive with me.

I need to let you know that as a member of this community and given my position, I am required to protect the safety of our community, including you.

This responsibility includes the requirement to report this type of incident to the proper university official.

Let me tell you a little bit more information about what that means so you can make the decisions that make you the most comfortable.
sexual harassment
unwelcome
verbal or physical conduct
based upon
power differentials
,
retaliation
, or
hostile environment
MANDATED REPORTERS
Residence Life - including: CFs, ARDs, NRs, ACCs
Career Center
Campus Ministry
Spirituality Facilitators
Center for Student Leadership
Campus Safety
Drahmann Center
Not Required to Report
Wellness Center
Clergy & Counselors - when acting in those roles
Faculty - who don't advise student groups
Clerical / support staff
How should I respond to someone
who tells me this?

Empathy,
Information, and

More Empathy
that in the interest of providing for the
welfare
of
each student
and the welfare of
the community
as a whole
Inform your community
As you begin the year explain at a community meeting:
you are a
private
, but
not always confidential
,
resource
Alcohol
&
Other Drug Use
Acceptable Defense?
Victim's use...?
Housing
Office of Student Life
Athletics and Recreation
Disabilities Resources
Summarize Title IX
What does this mean for me in my role?
What is Title IX?
criminal
vs.
university proceedings
State
- was the law violated?
Univ.
- was University policy violated?
State
- beyond a reasonable doubt
Univ.
- preponderance of evidence
How can I be sure I have consent?
All employees encouraged to
consult
with the EEO &Title IX Office or the Office of Student Life and
report the occurence
.
Intervention
:
Bystander
Responsibility
sexual
exploitation
Faculty who advise student groups
Summary
1. What is Title IX?
2. How does Title IX impact you?
3. Name 3 requirements for consent.
Incapacitation
is a state where someone cannot make rational, reasonable decisions because one lacks the capacity to give knowing consent (e.g., to understand the
Who, What, When, Where, Why and How
of their sexual interaction).
Cowell Health Center
Licensed medical professionals, such as those in the Student Health Services, are required by California law to
notify local law enforcement
if they have reason to believe or know that a patient has been sexually assaulted.

Under California law, the staff in Student Health Services, who are mandated to notify local law enforcement of a reported or potential sexual assault,
cannot inform anyone else except local law enforcement
. The licensed medical professionals in Student Health Services
will inform the patient of campus resources and off-campus resources so the patient is aware of the various resources, services, and options that she/he can access
.

www.scu.edu/osl/report
Full transcript