The Evolution of Title IX: From Equity for Women to a Mandate for All Sexual Matters

1. What is Title IX ? 1972 2017 Beyond simply equity for women vs men as initiated in 1972. Campus sexual assaults. Now mandates equity across alternative lifestyles, gender identity, transgender …. however you categorize & characterize all those other sexual matters. Original intent of Title IX has become blurred. Federal Violence Against Women Act (VAWA) intertwined with Title IX and mandates the institution report and act on interpersonal violence. Pendulum may swing back under new administration. • 37 words …. That’s it! • No person in the U.S. 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. • Literally read to mean men v s women • Equal chance of admission. • Equal shot at scholarships. • Same access to classes, degrees, research, etc. • Level playing field for athletics: Proportionally equal number of teams, athletes & scholarships, and equal quality facilities, coaching uniforms, road meals. Note: Everyone remembers this piece because of the rise of women’s athletics to the detriment of men’s programs.

2. Q: What does this all mean for TACs? A: As mentors in developing ethical and principled leaders we need to remain focused on both aspects of Title IX …. New-wave sexual behavior inclusions When it comes to cadet life we need to prevent, report, and address physical violence or verbal/emotional harassment or targeting regardless of biological sex, sexual orientation, or gender identity. And eliminate any hostile environment created by targeting one’s sex, sexual orientation, or gender identity. Old-school well-intended core, i.e. equity Continue to ensure all cadets have equal opportunity within our formalized Commandant’s structure, regardless of biological sex, sexual orientation, or gender identity. As with any mission, you start at point A with your objective at point B; how that’s accomplished is dependent on exploiting strengths and overcoming weaknesses, while remaining blind to whether someone is a woman or man, etc.

3. Examples of Reported Title IX Incidents Involving Cadets During 2016-17 Shows Continued Downward Trend – Good. Sexual Violence Barracks room incident between a female and male cadet. Informal inquiry resulted in both acknowledged a “misunderstanding & miscommunication”. Non-affiliated female formally complained male cadet sexually assaulted her twice off campus. The 2 had been in a dating relationship. Investigation determined the encounters were consensual. Tangentially affiliated female alleged male cadet sexually assaulted her off-campus. She refused to meet, communicate, or cooperate with Title IX, CARE, or LE; so case closed. Female cadet informally reported being sexually assaulted by an unknown male cadet off campus with vague and inconsistent information., and requested no further action. Female cadet informally reported being sexually assaulted by a male cadet. Complainant withdrew from The Citadel and returned to complete school after the accused cadet graduated. Sexual Exploitation of Minor A cadet exposed himself to a 16 year old via social media. Excellent example of responsible cadets becoming aware of aberrant sexual behavior then reporting it to TAC/CARE. CARE immediately notified Title IX, & SLED immediately since it involved a minor. Cadet confessed to SLED. The minor’s family chose not to pursue Citadel discipline. OTHER Sexual Harassment • Misuse of social media. • Cadets trash talking about another cadet’s out-of-town girlfriend. • Former boyfriends/girlfriends continuing harassing communication after a breakup. • Cadets misbehaving in a bar. • Inappropriate sexual comments in professional public settings. • Intentional disregard for company commander based on sex. • Cadets transmitting photos of other cadets partially nude.

4. How do TACs react to Title IX incidents in accordance with Citadel Policies and the Blue Book ? Laying a foundation: 1. Policies to intake, report, investigate, and discipline were written with the sensitivities of sexual matters in mind. 2. Because of that sensitive nature (juicy to some), fairness to and confidentiality of the parties is a top priority because: - Perception can be misperception whether it pertains to the accuser or accused. - The unconstitutional “guilty until proven innocent” many times innately occurs. As a TAC, you’ll likely face several types of sexual offense situations: • Cadet victim reports an incident directly to you. • 3rd-party Cadet reports it to you. (HA, Co Cdr, other rank or non-rank cadet) • You hear about it thru barracks chatter. • You witness it. • Parents or outsiders call and report. From your TAC perspective, am I missing any?

5. Governance of Cadet Title IX Cases Policies 02-025 & 026 • Reporting 4.C.6. • Responsible employees must report • CARE primary POC • TIX Coordinator secondary POC • Initial Response 4.D.1. & 2. • Medical assistance • Law enforcement if victim opts • Counseling • Interim precautionary measures • Investigations 4.E.1., 2., & 4. • If victim chooses formal action .... • SrVP-Ops or TIX Coordinator appoints investigator • Hearing/Board/Discipline • Pending investigative report Blue Book • Reporting 1.9.5.2 • Prompt reporting required • CARE primary POC • TIX Coordinator secondary POC • Initial Response 1.8.9 • Medical assistance • Law enforcement if victim opts • Counseling • Interim precautionary measures • Investigations 6.10.1.2 • If victim chooses formal action …. • Commandant or Chief of Staff appoints investigator • Hearing/Board/Discipline • Pending investigative report

6. TAC action – Title IX INCIDENT If cadet does not want CARE involvement …. Report to Title IX Coordinator John Gedney O: 843-953-6881 C: 843-367-8148 Contact CARE Director Janet Shealy O: 843-953-7277 C: 843-425-1315 Reason: Because of Citadel structure. Small school. Cadets live, eat, work, socialize, breathe together. So this process takes the incident out of the barracks. Plus, each case has so many variables and no two cases are the same.