Office of Title IX: Mandatory Reporter Training

1. Office of Title IX: Mandatory Reporter Training Ashley Blamey Title IX Coordinator 865-974-9600 ashleyblamey@utk.edu Policy on Sexual Misconduct, Relationship Violence, Stalking, and Retaliation

2. Information in this training will address sexual misconduct, relationship violence, stalking and retaliation. This material may be difficult for some individuals. If you are unable to complete the module, please contact me directly at ashleyblamey@utk.edu or 865-974-9600 to arrange an alternative for completing the mandatory training.

3. 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.

4. Single Campus University of Tennessee • Population: 22,317 undergrad students/6,004 graduate students/9,813 faculty & staff • Game Day: 102,455 people • Campus size: 560 acres, 236 buildings • We are VOLS who help VOLS #VOLSHELPVOLS

5. Policy Located at http://titleix.utk.edu • Policy • Appendix A: Guide on Care, Support, and Reporting Options • Appendix B: Consent • Appendix C: Procedures for Investigating and Resolving Allegations of Prohibited Conduct When the Respondent Is a Student • Appendix D: Procedures for Investigating and Resolving Allegations of Prohibited Conduct When the Respondent Is an Employee or Third Party • Appendix E: Guide for Mandatory Reporters

6. Prohibited Conduct • “Sexual Misconduct” is an umbrella term that encompasses Sexual Assault, Sexual Harassment, and Sexual Exploitation. • “Relationship Violence” means an act of violence, or a threat of an act of violence, committed by a person who is or has been in a sexual, dating, spousal, romantic, familial, or other intimate relationship with the Complainant. • “Stalking” means engaging in a course of conduct directed at a specific person, regardless of one’s relationship with that person, which would cause a Reasonable Person to: (1) fear for the person’s safety or the safety of another person; and/or (2) suffer substantial emotional distress. • “Retaliation” means an action taken because of a person’s participation in a protected activity and that would discourage a Reasonable Person from engaging in protected activity. “Protected activity” means a person’s good faith: (1) opposition to Prohibited Conduct or assisting a person who opposes Prohibited Conduct; (2) report of Prohibited Conduct to the University, the police, or to a state or federal agency or assisting a person who reports Prohibited Conduct; (3) participation (or reasonable expectation of participation) in any manner (e.g., in an investigation, proceeding, or hearing relating to Prohibited Conduct) or requesting an Interim Measure under this Policy; and/or (4) exercise of rights or responsibilities under any provision of the Clery Act. *The University of Tennessee prohibits crimes of dating violence, domestic violence, sexual assault and stalking.

7. Studies say… • National research estimates suggest that 20-25% of female students experience attempted or completed rape during their college careers (Fisher, Cullen, & Turner, 2000; Krebs, Lindquist, Warner, Fisher & Martin, 2007), and rates are even higher when including non-penetrative sexual contact (Carr, 2005). • 75-80% of sexual assaults are committed by an acquaintance/ non stranger (Krebs, et al., 2007) • Even the most conservative data identifies 2% as a minimum prevalence rate. In our student body that would be 566.

8. UTK 2017 Report

9. UTK 2017 Report

10. UTK 2017 Report

11. Mandatory Reporters are critical to ensure the University of Tennessee is providing and maintaining an environment that allows us all to meet our mission.

12. You Are a Mandatory Reporter Complainant is an individual who may have been subjected to Prohibited Conduct, regardless of whether the individual them self complains or reports the incident to the University Respondent is the person who is accused of committing Prohibited Conduct • when you know about or suspect that prohibited conduct involves either a Complainant who is a student or a Respondent who is a student • OR you are a supervisor of either a Complainant who is an employee or a Respondent who is an employee, or you otherwise have the authority to redress the conduct (example: department head, human resources administrator, etc.). For additional information, please visit Appendix E Guide For Mandatory Reporters in the Sexual Misconduct, Relationship Violence, Stalking and Retaliation Policy

13. For Example • If a student reports to a faculty member they have been sexually assaulted. • If an employee that you supervise reports they are being sexually harassed. • If a student reports to a staff member that another student is being stalked. • If a third party reports to you an employee you supervise has committed relationship violence.

14. Exceptions • Received the information about Prohibited Conduct during a public awareness event such as “Take Back the Night,” candlelight vigil, protest, “survivor speak outs” or other public forum; • Received notice of the incident during the student’s participation as a subject in an Institutional Review Board-approved human subjects research protocol; • Received notice through an in-class discussion, a class paper, or other academic assignment; or • You are a student employee (e.g., graduate assistant) and you did not receive notice of the incident in your University employment capacity.

15. Confidential Resources* For Students For Faculty & Staff Student Counseling Center Monday- Friday 865-974-2196 After hours 865-974-4357 Student Health Center Monday- Friday 865-974-3135 Sexual Assault Center of East Tennessee 24/7 865-522-7273 Family Justice Center (Relationship Violence/ Stalking resource) 24/7 865-521-6336 UT Psychological Clinic Monday- Friday 865-974-2161 Sexual Assault Center of East Tennessee 24/7 865-522-7273 Family Justice Center (Relationship Violence/ Stalking resource) 24/7 865-521-6336 *This is non an exhaustive list of resources, but provided as a quick reference.

16. If you are in doubt… Ask. You can always call and discuss a situation without names or other information that will allow you to make an informed decision.

17. After the referral… • Office of Title IX receives a report from a mandatory reporter or third party • Office of Title IX reaches out to the complainant to offer medical care, support resources and reporting options • Options Include: • OPTION ONE • Request for Limited Action (Support & Interim Measures) • OPTION TWO • Report to the Office of Conduct & Community Standards • OR • Office of Equity & Diversity (University process) • OPTION THREE • Report to law enforcement with jurisdiction (Criminal Process)

18. Why should I report? It is required. Every complainant deserves the opportunity to make informed choices about resources and reporting options. Mandatory reporters are required by policy to inform a Title IX Official about all information known to them about Prohibited Conduct Failure to adhere to one’s duty to report Prohibited Conduct to a Title IX Official may result in disciplinary action, up to and including termination of employment.

19. Interim Measures Examples Include: • Facilitating medical and/or counseling services • Issuing No-Contact Directives • Assisting communications with faculty • Exploring academic needs, living arrangements, transportation, dining, extracurricular and work arrangements/needs

20. There is no normal response To abnormal events.

21. Before the Report • If a student asks you if they can share something confidentially, explain that you are a mandatory reporter. • EXAMPLE “Thank you for trusting me. Because of my role at the University, I am responsible to ensure that you have the best information available. There are some situations where I cannot hold confidence due to safety concerns.” • If they choose not to share, provide them with the available confidential resources on and off campus. • Share that the University can provide resources and supports with a limited amount of disclosure. • Share with the individual the University prohibits retaliation and will take steps to prevent and take strong responsive action if retaliation occurs.

22. Response • Support the complainant • Share with the individual you are a mandatory reporter • EXAMPLE: “Thank you for trusting me. Because of my role at the University, I am responsible for making sure you have the best information available. We have an office dedicated to helping in situations like these and we are going to work together to get you help.” • If appropriate, ask the complainant if they need medical care and assist them to access care. • Encourage the complainant to report to law enforcement and assist the complainant to contact law enforcement if they agree (911 in an emergency) • Encourage the complainant to preserve any evidence (physical and tech) • Inform the complainant that the Office of Title IX will reach out to offer resources, supports and reporting options • For more information visit the Title IX website

23. Response • Report the incident to the University within 48 hours. • Office of Title IX – student, staff, faculty, or third party • 865-974-9600 • 865-974-4357 (after hours) • Office of Equity & Diversity- staff, faculty or third party • 865-974-2498 • If the incident involves suspected child abase or child sexual abuse please follow UT Safety Policy 0575 • In the event of a life threatening emergency, a report of child abuse or child sexual abuse should be made by calling 911. In other cases, a report of child abuse or child sexual abuse must be made immediately to one of the following authorities outside the University: 1. The Tennessee Department of Children’s Services (call the Central Intake Child Abuse Hotline at 1-877-542-2873 or 1-877-237-0004). 2. The sheriff of the county where the child resides. 3. The chief law enforcement official of the city where the child resides. 4. A judge having juvenile jurisdiction over the child.* *Please see the full policy this is only an excerpt

24. You Must Not • Guarantee a complainant that you will keep information confidential • Share information about the incident with a person who does not have a University related need to know • Investigate or otherwise attempt to resolve the report of Prohibited Conduct without the approval of a Title IX Official (this does not apply to law enforcement), other than taking the required actions identified in this training

25. How can I prevent violence? • Set the expectation • Address low level behaviors when they happen • Educate new colleagues • Request a training for your class, unit, or department • Make the referral

26. Bystander An active bystander is someone who not only witnesses a situation, but takes steps to speak up or step in to keep a situation from escalating or to disrupt a problematic situation. Every volunteer has a role to play in taking care of the UT community. Volunteers Speak UP!

27. Our power is in our prevention and response.

28. Office of Title IX For further information, please contact Ashley Blamey Title IX Coordinator 865-974-9600 ashleyblamey@utk.edu

29. References American College Health Association.(2013). National College Health Assessment II: Undergraduate Reference Group Executive Summary Fall 2012. Hanover. MD: American College Health Association. Black, M.C., Basile, K.C., Breiding, M.J., Smith, S.G., Walter, M.L., Merrick, M.T., Chen, J., & Stevens, M.R. (2011. The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. Campus SaVE Act: Campus Sexual Violence Elimination Act. (2013). Retrieved from http://www.opencongress.org/bill/112-s834/text Carr, J.L. (2005, February). American College Health Association campus violence white paper. Baltimore, MD: American College Health Association. Fisher, B.S., Cullen, F.T., & Turner, M.G. (2000). The sexual victimization of college women (Publication No. NCJ 182369). Washington, DC: Department of Justice (US), National Institute of Justice. Herman, J. (2008). Craft and science in the treatment of traumatized people. Journal of Trauma and Dissociation, 9(3), 293-300. Krebs, C.P., Lindquist, C.H., Warner, T.D., Fisher, B.S., & Martin, S.L. (2007). The Campus Sexual Assault (CSA) Study. National Institute of Justice. NIJ Grant No.2004- WG-BX-0010. McMahon, S. & Banyard, V. (2012). When Can I help? A Conceptual Framework for the Prevention of Sexual Violence Through Bystander Intervention. Trauma, Violence & Abuse 2012 doi: 10.1177/1524838011426015. http://tva.sagepub.com/content/13/1/3 NIAAA. (2007). What Colleges Need to Know Now: An Update on College Drinking Research. Bethesda, MD: National Institutes of Health, DHHS, 2007 (NIH Publication No. 07–5010). The Campus Sexual Violence Elimination (SaVE) Act (n.d). In Clery Center for Security on Campus online, Retrieved http://clerycenter.org/campus-sexual- violenceelimination-save-act The White House Task Force to Protect Students from Sexual Assault.(2014) Not Alone: The First Report of the White House Task Force to Protect Students from Sexual Assault. Retrieved from https://www.notalone.gov/assets/report.pdf