Taskforce on Sexual Misconduct

1. Taskforce on Sexual Misconduct Wright State University Team: Jon Bullock Jeff Klemm Michael La Torre Susan Ross

2. Taskforce on Sexual Misconduct “Police Looking for Man Involved in Sexual Assault at University of Utah” –KUTV 2News, February 13, 2014 “Sexual Assault Reported at Yale Fraternity House” –NBC Connecticut, Feb 19, 2014 “Sexual Assault Reported on University of Iowa Campus” –KGAN TV, Feb 20, 2014 “Auburn Police Seeks Information on Reported Sexual Assault at AU Fraternity” –Opelika Auburn News, February 9, 2014 “Portland State University Student Accused of Sexually Assaulting 19-year-old Near Campus, Police Say” –Oregonian, Feb 18, 2014 “Kansas State University Police Warn of Sexual Assault on Campus” –Kansas First News, February 10, 2014 “Another Sexual Assault Being Investigated at U of M Campus” –Boise Weekly, Feb 19, 2014

3. Taskforce on Sexual Misconduct Overview • Sexual misconduct defined • Consent • Relevant mandates • Advocacy for campus survivors of sexual misconduct • Collaborative coalition of professionals • Ensuring sound policies/procedures/codes of conduct for all involved in process • Reporting and prevention • Educational programs utilizing proactive approaches • Programming utilizing social media

4. Taskforce on Sexual Misconduct Defined “Sexual misconduct is defined as any attempt at or any actual unwanted sexual contact, physical or nonphysical, in the absence of clear and voluntary consent. Clear and voluntary consent is consent that is given freely and actively in mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent is not clear or voluntary if it results from the use of physical force, threats, intimidation, or coercion. It is a violation of policy to have sexual contact with someone who is known to be incapable of making a rational, reasonable decision.” -Wright State University Division of Student Affairs Student Handbook

5. Taskforce on Sexual Misconduct About Consent Consent is… • Mutually understandable • Freely given without coercion or fear Consent cannot be given under the influence of drugs or alcohol.

6. Taskforce on Sexual Misconduct Relevant Mandates Revised Sexual Harassment Guidance: Office of Civil Rights (2001) mandates: • Institutions must take action in the event of harassment that occurs that limits student’s ability to be involved in academic and extracurricular activities. • Institutions must take action regardless of the direction of harassment (staff on student, student on staff, student on student).

7. Taskforce on Sexual Misconduct Relevant Mandates Dear Colleague Letter on Sexual Violence (2011): Office of Civil Rights Assistant Secretary Ali mandates: • Once an institution knows, or reasonably should know of an incident they must conduct an independent investigation into issues of sexual misconduct. • If sexual misconduct has occurred, the institution must take prompt action to end it. • Institution must provide protections to complainant. Including steps prior to outcome of investigation. • Procedures must be in place that allow equal rights to accused and accuser. • Both parties must be notified of outcome of investigations.

8. Taskforce on Sexual Misconduct Relevant Mandates Violence Against Women Act (VAWA) 2013 Reauthorization Updates: The Clery Center for Security on Campus notes the reauthorization mandates: • Requires institutions to provide information about institutional protections, policies, and educational programs to students about domestic violence, partner violence, sexual misconduct, and stalking. • Increase programmatic efforts for underrepresented populations (Especially LGBT populations).

9. Taskforce on Sexual Misconduct Relevant Mandates Reauthorization of VAWA includes the Campus Sexual Violence Elimination Act (Campus SaVE) which mandates: • Amendment to Jeanne Clery Act and requires that statistics of sexual misconduct, domestic violence, dating violence, and stalking be included in intuitions annual crime reporting statistics. • Require educational programming on sexual misconduct, domestic violence, and stalking for incoming students and new employees of institution. • Requires increased rights and information in institutional policies, procedures, and codes of conduct for both accused and accuser. For example: • Practitioners conducting cases must receive annual training on issues related to sexual misconduct, domestic violence, and stalking. • Accused and Accuser are entitled to have advisors present in conduct proceedings • Both parties must be advised of outcome of proceedings in writing. (Clery Center for Security on Campus, 2013)

10. Taskforce on Sexual Misconduct To comply with these mandates we must develop a multi-faceted approach to combat sexual misconduct…

11. Taskforce on Sexual Misconduct Advocacy for Survivors • Campus Taskforce must employ advocates for students that are available 24/7 for survivors. • The Advocacy Program must provide resources and support for all survivor needs. • Safe Zones and Confidential policies are crucial. • Advocates will provide: • Assistance in navigating medical, judicial, and legal processes and services. • Aid in accommodating housing options and academic needs. • Assistance and support throughout the student conduct process. • Assistance and support throughout the criminal justice process including escorts to all necessary court proceedings. • Referrals to counseling and other supportive services on campus and in the community.

12. Taskforce on Sexual Misconduct Collaborative Coalition Against Sexual Misconduct Any campus taskforce should include representation from the following functional areas: • Student Support Services (Student Advocacy Professionals) • Community Standards and Student Conduct • Counseling and Wellness Services • Campus Police • Student Health Services • Women’s Center • Residence Services (If campus is residential) Taskforce should hold regular meetings, similar to a Behavioral Intervention Team (BIT)

13. Taskforce on Sexual Misconduct Policy and Procedural Considerations • Must develop policies, procedures and codes of conduct that are in line with regulations outlined in: • Title IX “Dear Colleague” Letter on Sexual Violence • Campus SaVE (VAWA) Act • Enact policy of mandatory reporter campus (all staff, faculty are mandatory reporters in the eyes of Title IX) • Must provide rights to both accuser and accused without placing burden on accuser regarding accommodations.

14. Taskforce on Sexual Misconduct Reporting & Prevention • Incidents of sexual misconduct are vastly underreported. According to the Rape Incest National Network 60% goes unreported. • In order to truly get at preventing sexual misconduct, we must increase reporting. • Strategies to increase reporting: • Alcohol and Other Drug (AOD) Amnesty Policy in cases of Sexual Misconduct. • Educate campus police and local police for best practices.

15. Taskforce on Sexual Misconduct Proactive vs. Reactive Programming Reactive • Victim blaming • “Don’t walk alone at night…Carry a flashlight…Have keys in hand…Don’t dress provocatively” Proactive • Educating students on legal definitions of consent • Education on correlation of alcohol and other drugs (AOD) use and sexual misconduct • Educating students on rape culture

16. Taskforce on Sexual Misconduct Proactive Educational Programming • Programming must break cycle of miseducation about consent. • “Because so many men who rape don’t consider their actions rape, effective prevention programs must clearly define informed consent” (Edwards & Headrick, 2008). • Must address the nexus of alcohol and sexual misconduct. • Challenge myths associated with incidents of sexual misconduct: • The myth of false reporting. According the FBI, only 3% of reports are false. • Challenge notions of rape culture • Programming should encompass entire campus community (faculty, staff, student employees, and students)

17. Taskforce on Sexual Misconduct Social Media Programming The Coalition Against Sexual Misconduct is a cross platform social initiative that would publicize sexual misconduct awareness-oriented messages • Messages scheduled to coincide with times associated with high levels of alcohol consumption • Official University social media accounts should be strongly encouraged to share these messages • Potential to become a nation wide campaign if other universities wish to join

18. Taskforce on Sexual Misconduct References • Ali, R. (2011, April 4). Dear colleague letter on sexual violence. Retrieved from http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf. • CleryCenter for Security on Campus (2013). VAWA amendments to Clery/Campus SaVE. Retrieved from http://clerycenter.org/article/vawa-amendments-clerycampus-save. • Edwards, K. E. & Headrick, T. (2008). She fears you: Teaching college men to end rape. Journal About Women in Higher Education (1), 163-180. • Iowa State University. (n.d.). Sexual Misconduct & Sexual Assault | Dean of Students Office. Retrieved February 21, 2014, from http://www.dso.iastate.edu/sexualmisconduct • Loyola University Chicago. (n.d.). - Coordinated Community Response Team. Retrieved February 21, 2014, from http://www.luc.edu/ccrt/resources/sexualassault/ • Marquette University. (n.d.). Victim Advocacy. Retrieved February 21, 2014, from http://www.marquette.edu/sexual-misconduct/advocacy-services.shtml • Ohio University. (n.d.). Survivor Advocacy Program. Retrieved February 21, 2014, from http://www.ohio.edu/survivor/ • Office of Civil Rights. (2001, January). Revised sexual harassment guidance: Harassment of students by school employees, other students, or third parties.Retrieved from: http://www2.ed.gov/about/offices/list/ocr/docs/shguide.pdf. • St. Lawrence University. (n.d.). Advocacy. Retrieved February 21, 2014, from http://www.stlawu.edu/advocates/advocacy • Wright State University. (n.d.). Student Handbook. Retrieved February 21, 2014, from https://www.wright.edu/student-handbook/general-policies-and-procedures/student-sexual-misconduct-policy