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Title IX Community Assistant Training

University of Louisiana at Lafayette Title IX Community Assistant Training. Originally presented 01/06/2016.
by

Megan Breaux

on 6 January 2016

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Transcript of Title IX Community Assistant Training

Title IX Community Assistant Training
Types of Sex Discrimination
Sexual harassment, sexual assault, and sexual violence are all forms of sex discrimination prohibited by Title IX.
University Policy on Prohibited Sexual Conduct
The University established a Policy concerning this type of behavior.

You can find the Policy and its related procedures at:
http://policies.louisiana.edu/titleix
or
http://titleix.louisiana.edu

Males and Females
Both can be Complainants of Sexual Misconduct.

We call the person making an allegation the Complainant during the investigation.

We call the person accused of misconduct the Respondent during the investigation.
Questions?
http://titleix.louisiana.edu

titleix@louisiana.edu

309 Martin Hall

337-482-1394

Title IX
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.

Title 20 U.S.C. section 1681
Title IX regulations establish:
A procedure for preventing and correcting sex discrimination

A Title IX Coordinator
What's prohibited at the University?
Sexual Misconduct
: is a sexual act or contact of a sexual nature that occurs, regardless of personal relationship, without the Consent of the other person(s), or that occurs when the person(s) is unable to give Consent or whose Consent is coerced or obtained in a fraudulent manner. For the purpose of this Policy, Sexual Misconduct includes, but is not limited to, Sexual Assault, Sexual Abuse, violence of a sexual nature, Sexual Harassment, non-Consensual sexual intercourse, Sexual Exploitation, video voyeurism, contact of a sexual nature with an object, or the obtaining, posting or disclosure of intimate descriptions, photos, or videos without the express Consent [of] the persons depicted therein, as well as Dating Violence, Domestic Violence, and Stalking.

Sexual Behavior Between Individuals in Certain Roles
: Sexual advances, acts, or contact, whether consensual or not, involving individuals where, by virtue of roles or position in the University, one individual is in a position of direct academic or supervisory authority with respect to the other are prohibited. For examples of these types of situations see the definition in the Policy (http://policies.louisiana.edu/titleix).
What must the University do if sexual misconduct has occurred?
Take prompt and effective steps to end the sexual misconduct

Prevent its recurrence

Address its effects
On Campus? Off Campus?
Even if sexual misconduct complained of occurred off campus, the University may have an obligation under Title IX to respond to a complain if the complainant experiences the continuing effects of the harassment on campus.

For example: Even if sexual misconduct occurred off campus at a private residence between two students, if they share a class the University may need to adjust the class schedules to avoid contact between them. Furthermore, sanctions may also be appropriate even when sexual misconduct occurred off campus.
CA's: What should I report?
Any observed, experienced, known, or reported sexual misconduct, including sexual harassment and sexual violence, involving UL students or employees.

Does not matter if it occurred on-campus, off-campus, on spring break in Mexico, last week, or two years ago.

Title IX doesn't care where, but it does care who. There should be some nexus to the campus - so if it's about an incident that occurred in Mexico, the Complainant or Respondent must have some connection to campus.

For example, if you are on a school sponsored trip in Mexico and you see a sexual crime that does not involve anyone related to the University, then you do not need to report it to the University.

But, if you are on a school sponsored trip in Mexico and a student reports that he or she keeps being sexually harassed by someone else, you should report that to the employee in charge of the trip.
Who needs to report
sexual misconduct?
Anyone who experiences, observes, or hears about an incident of sexual misconduct
should
report it as soon as possible.

But, as a Community Assistant, YOU are a
mandatory
reporter. This means you
MUST
report.
What reporting looks like
A student approaches you and reports that her ex-boyfriend keeps following her on campus and sending her threatening texts. She says she thinks he is just upset because she broke up with him and she doesn't think he will hurt her, but it's really bugging her.

You should tell her she should go talk to the Title IX Coordinator and let her know how to contact the Title IX Coordinator's office. You should also inform the Dean of Students. And you must report the incident to the Title IX Coordinator via email (titleix@louisiana.edu), copying the Dean of Students.

Current Title IX Coordinator: Christine Brasher
New Title IX Coordinator starting January 25: Lindsay Samuel
309 Martin Hall
337-482-1394
titleix@louisiana.edu
http://titleix.louisiana.edu

Other reports you may need to make: Clery Report, Police Report, Incident Report. For details on when to submit these reports, see the handout at http://titleix.louisiana.edu/node/84
Why Report?
The University is obligated by law to designate specific people who are specially trained and experienced to address complaints of sex discrimination, including helping complainants navigate the process and get help if needed.

The University is also obligated by law to take steps to stop sexual harassment and prevent its recurrence.
How does the Title IX Coordinator handle complaints?
Provide information to parties about options available to them both on and off campus

Notifies complainant about resources: health services, counseling, academic support, local rape crisis center

Offers reasonable interim measures, which may include a change in housing, work schedule, academic schedule, and a no-contact order between complainant and respondent

Investigates complaints to determine if sexual misconduct has occurred and takes whatever action is necessary to prevent its recurrence

For more detail, see the Procedures posted at http://policies.louisiana.edu/titleix
Why you contact the
Title IX Coordinator
Investigating reports of sexual misconduct is a serious task. The Title IX Coordinator's office ensures these matters are handled by trained professionals who are dedicated to preventing sexual misconduct.
How about I just
tell the police?
NO. It is the COMPLAINANT's choice whether to report the incident to the police. You can alert Complainant that he/she can call the police, but you cannot call the police unless Complainant asks you to.

Exception: if there is an emergency situation call 911.

Even if the police are called, since you are a mandatory reporter, you must still report the incident as previously described.
What about confidentiality?
As a mandatory reporter you cannot keep complaints of sexual misconduct completely confidential:
You MUST report the information to the University.

However,
you CANNOT tell anyone else
. In other words, you must never share this private information with anyone other than the University otherwise you would be violating the complainant's privacy.

The Title IX Coordinator is a professional - information reported is ALWAYS handled with complete discretion.

The University is required by law to investigate complaints of sexual misconduct, but the scope of the investigation may be limited by the information provided by Complainants and/or Complainant's interest in pursuing a formal complaint process.
Why isn't confidentiality guaranteed?
The Title IX Coordinator has to balance confidentiality with the safety of other members of the college community as well as our obligation to protect people from discrimination.

Examples:
repeat offenders
someone that poses an imminent threat of danger to the complainant or community
someone that has access to a vulnerable community
if there is a pattern of behavior that indicates that discrimination of the basis of sex may be occurring
Who can a complainant talk to confidentially?
Local off-campus rape crisis center: Hearts of Hope
Licensed medical health professionals
examples: Counseling & Testing on campus
Clergy

If you are not sure of someone's ability to keep information confidential, ask them.

For more details on these confidential resources, see http://titleix.louisiana.edu


What's the point of reporting if a Complainant doesn't want an investigation?
The Title IX Coordinator can help Complainants by providing remedies and resources, as well as assessing training and safety needs on campus based on information we receive from the Complainant.

Academic support, a no contact order, housing changing, taking classes pass/fail, working out a leave of absence - any number of remedies may be available to a complainant who reports. The Title IX Coordinator wants to keep the educational environment free of sexual misconduct, and if it does occur, wants to investigate complaints, address them, and provide the necessary remedies.

Complainants might and can change their minds.
Any individual, including a Complainant, witness, or third party, who makes a report will not be subject to disciplinary action by the University for his/her, personal consumption of alcohol or other drugs at or near the time of the incident.
The University has a duty to promptly address complaints of sex discrimination, including sexual misconduct, sexual harassment and sexual violence, to limit the effects of the discrimination, and to prevent its recurrence.

You must ALWAYS report sexual misconduct:
You encourage Complainant to talk to the Title IX Coordinator
You inform the Dean of Students
You email the Title IX Coordinator (titleix@louisiana.edu), copying the Dean of Students, to report the possible sexual misconduct.

Remember to consider whether you should also file a Clery Report, Police Report, or Incident Report. See the guidance in your handout or at http://titleix.louisiana.edu/node/84
What if Complainant was using drugs or alcohol?
All parties will be treated equally and fairly
Retaliation is prohibited (against ANY participants in the process - Complainant, Respondent, witnesses, reporting individuals)
Appropriate accommodations during investigations
Prompt investigations (ideal timeline of 60 days)
Protection of due process rights
Equal opportunities to identify witnesses, have an advisor, appeal
Notice of outcome
Alternative arrangements can be made for Complainants hesitant to sit in an appeal hearing across from Respondent, but it must be balanced with due process.
What protections does Title IX offer to both Complainants and Respondents?
Recap
Full transcript