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University of San Francisco

Trigger Warning:

Please be aware that the content of today's workshop may be difficult and troubling for some people.

Federal law that protects students from Sexual Harassment, Sexual Violence, Domestic and Dating Violence, and Stalking

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefit of, or be subjected to discrimination under any education program or activity...”

STOP - REMEDY - PREVENT

Enforced by the U.S. Department of Education, Office for Civil Rights:

50 Beale Street, Suite 7200

San Francisco, CA 94105-1813

Telephone: 415-486-5555

Email: ocr.sanfrancisco@ed.gov

  • Blaming the victim (“She asked for it!”)
  • Trivializing sexual assault (“Boys will be boys!”)
  • Sexually explicit jokes
  • Tolerance of sexual harassment
  • Inflating false rape report statistics
  • Gratuitous gendered violence in movies and television
  • Defining “manhood” as dominant and sexually aggressive
  • Defining “womanhood” as submissive and sexually passive
  • Pressure on men to “score”
  • Pressure on women to not appear “cold”
  • Assuming only promiscuous women get raped
  • Assuming that men don’t get raped or only “weak” men get raped

  • USF’s primary concern is for the safety of members of the campus community.
  • The use of alcohol or drugs never makes the victim at fault for sexual violence.
  • Victims should never be deterred from reporting incidents of sexual violence out of a concern that they might be disciplined for related violations of drug, alcohol, or other university policies.
  • Except in extreme circumstances, victims of sexual violence shall not be subject to discipline for related violations of the Student Conduct Code.

Who am I?

Leighia Fleming,

  • Asst. Director of Student Conduct/ Interim Title IX Coordinator

She * Her * Hers

Committed to freedom from Gender-Based Discrimination: Violence, Harassment, and Retaliation

ALL employees of the University of San Francisco are Mandatory Reporters

Any Employee who knows or has reason to know of allegations or acts that violate this policy shall promptly inform the Title IX

Coordinator.

Employees are required to disclose all information including the names of the Parties, even where the person has requested that his/her name remain confidential. The Title IX Coordinator will determine whether confidentiality is appropriate given the circumstances of each such incident.

Sexual Misconduct is a broad range of behaviors focused on sex and/or gender discrimination that may or may not be sexual in nature.

Or policy includes:

  • Sexual harassment
  • Non-Consensual Sexual Contact (or attempts to commit same)
  • Non-Consensual Sexual Intercourse (or attempts to commit same)
  • Sexual Exploitation
  • Aiding or Facilitating Sexual Misconduct
  • Relationship Violence
  • Stalking

Sex Discrimination means an adverse action taken against an individual because of gender or sex (including sexual harassment, sexual violence, intimate partner violence, and stalking) as prohibited by Federal and State law and USF policy. Both men and women can be victims of Sex Discrimination.

Retaliation any adverse action taken against a person participating in a protected activity because of their participation in that protected activity.

Retaliation is University Violation

What is Title IX?

Sexual Harassment is unwelcome verbal, unwelcome, gender or sex-based verbal or physical conduct that is…

• sufficiently severe, persistent or pervasive that it creates a hostile environment,

or

• based on power differentials (quid pro quo),

…where such conduct unreasonably interferes with, denies or limits someone’s

ability to participate in or benefit from the university’s educational programs and/or

activities.

Alcohol Plays a Role

  • 74% perpetrators and over 55% victims used
  • More than 97,000 students sexually assaulted
  • >400,000 had unprotected sex
  • >100,000 report having been too intoxicated to know if they consented to having sex
  • Can impair victim's judgment - risk sensitivity
  • Can impair perpetrator's judgment - consent cues

Rape Culture

What will happen when I report?

University Responses:

  • Listen with respect
  • Student-centered and trauma-informed process
  • Provide support for the reporting party/victim
  • Protect the safety of the reporting parties
  • Provide a prompt, fair, and impartial investigation and resolution
  • Promote accountability
  • Provide as much confidentiality as we can
  • "No Contact" orders
  • Housing changes or license term
  • Class schedule changes
  • Barred from areas of campus
  • Psych counseling/assessment
  • Special classes or training
  • Probation
  • Suspension or Expulsion
  • Campus Ban

Criminal Charges

Civil Liability

Medical Amnesty and Good Samaritan Policy

SAFETY PRIORITY

Proactive. Preventative. Programming

A victim or witness of sexual violence will not be charged with Student Conduct Code

violations with regard to alcohol and/or drug consumption or other minor policy violations if

they are coming forward to report or assist with a report of sexual misconduct

How to Report

Key Points to Remember

CONTACT INFORMATION:

Leighia Fleming

lefleming@usfca.edu

x4563

Ryan Garcia

rdgarcia@usfca.edu

x5330

Preponderance of Evidence Standard

The standard for determining a violation of the Sexual Misconduct Policy is that of a

"preponderance of the evidence" -

more likely than not that a violation

occurred.

As staff members, you...

  • Are key players on campus team
  • Are required complete training annually
  • Can NEVER promise Confidentiality
  • Must report all allegations
  • When you know, the university "knows"
  • Safety First - Get Help

Consent is clear, knowing and voluntary.

Consent is active, not passive.

Silence, in and of itself, cannot be interpreted as consent.

Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

Individuals are unable to give consent if they:

  • Are incapacitated by drugs or alcohol;
  • Suffer from a physical or mental disability that makes them incapable of giving consent
  • Are a minor (under 18 years of age)

What is CONSENT?

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