Title IX & Responsible Employee

1. Title IX & Responsible Employee

2. Title IX • Title IX of the Education Amendments of 1972 (20 U.S.C. .1681 et seq.) prohibits discrimination on the basis of sex in education programs receiving Federal financial assistance. • Title IX states: "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."

3. Title IX Title IX prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. Title IX applies also to same-sex, bisexual and transgender students Sexual Violence. Sexual violence refers to physical sexual acts perpetrated either against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol.

4. Title IX An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX. Once UNMC knows or reasonably should know of possible sexual violence it must take immediate and appropriate action to investigate or otherwise determine what occurred.

5. If sexual violence has occurred, UNMC must: • Take prompt and effective steps to end the sexual violence, • Prevent its recurrence, • Address its effects, whether or not the sexual violence is the subject of a criminal investigation.

6. What Constitutes Notice? Formal complaint to Title IX Coordinator. Complaint to a responsible employee*. If the harassment is widespread, openly practiced, or well-known to students and staff. *UNMC responsible employees are listed at UNMC Title IX website– Responsible Employee page

7. Responsible employee is any employee who: Has the authority to take action to redress sexual violence, Has been given the duty to report to appropriate school officials about incidents of sexual violence or any other misconduct by students, or A student could reasonably believe has this authority or responsibility.

8. Responsible employee includes: Any faculty member leading, coordinating or supervising off-campus academic activities or programs such as study abroad programs, special field trips, etc. Faculty members (formally assigned) who serve in student academic advisory positions. Faculty and Staff employees who have management or supervisory duties (Title IX and Title VII). Staff members who interact with or assist students or employees with Title IX issues.

9. A responsible employee must: Report incidents of sexual violence to the Title IX coordinator. UNMC is obligated to address sexual violence about which a responsible employee knew or should have known. Report to UNMC Title IX Coordinator all relevant details about the alleged sexual violence that the student or employee has shared. UNMC needs to determine what occurred and resolve the situation. Report includes the names of the alleged perpetrator (if known), the student or employee who experienced the alleged sexual violence, other students or employees involved in the alleged sexual violence, as well as relevant facts, including the date, time, and location.

10. Before a student/employee reveals information that he/she may wish to keep confidential a responsible employee should make every effort to ensure student/employee understands: Responsible employeeinability to keep the information confidential. Responsible employee obligation to report the names of the alleged perpetrator and student/employee involved in the alleged sexual violence, as well as relevant facts regarding the alleged incident (including the date, time, and location), to the Title IX coordinator or other appropriate UNMC officials.

11. 3. The student’s/employee’s option to request that the university maintain his or her confidentiality, which UNMC (e.g., Title IX coordinator) will consider.   The university cannot promise confidentiality. The university will consider a request for confidentiality, but may not be able to grant or maintain it depending on the circumstances. 4. The student’s/employee’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services (e.g., sexual assault resource centers, campus health centers, pastoral counselors, and campus mental health centers). 5. If allegations are shared the Title IX Coordinator or designee will be contacting them.

12. Responsible employee must provide the following information to student/employee: • UNMC Resource Brochure • Student/employee right to file a Title IX complaint with the Title IX Coordinator and/or Office of Civil Rights. • Student/employeeright to file a separate criminal complaint with campus or local law enforcement. • Student/employeeright to be free from retaliation for filing a complaint. Faculty/Staff Disability Services

13. 5. Importance of preserving evidence, even if student/employee may not be considering reporting at the present time. Encourage student/employee to seek medical care if the situation involves sexual assault or other bodily harm.

14. If the student or employee requests confidentiality: UNMC will protect the privacy of the parties to the extent possible. In some situations the law may require disclosure to respondents. Required investigations may be limited by the information provided by the Complainant and the Complainant's willingness to pursue a formal complaint. UNMC will make every reasonable effort to abide by Complainant's wishes to remain anonymous. UNMC is required to balance request with interest in protecting the safety of other members of the community.

15. Non Responsible employees are encouraged to: Provide student/employee with UNMC Resource Brochure 2. Assist student/employee with reporting to the Title IX Coordinator and/or local law enforcement. 3. Assist student/employee by providing direction to available resource options.

16. On or Off Campus Behavior Sexual Assault or Sexual Harassment that occurs on or off campus, needs to be reported so it can be addressed. Retaliation against those bringing allegations is prohibited.

17. It’s on US • It’s on US • To stop sexual assault. • To recognize that non-consensual sex is sexual assault. • To identify situations in which sexual assault may occur. • To intervene in situations where consent has not or cannot be given. • To create an environment in which sexual assault is unacceptable and survivors are supported. • Be part of the solution and take the pledge at itsonus.org

18. It’s About Safety All students must feel safe and have the opportunity to benefit FULLY from their school’s education programs and activities. All employees must feel safe and enjoy working at UNMC. This is consistent with UNMC Code of Conduct

19. Contact Information Employees and Students Carmen Sirizzotti, MBA, SPHR UNMC Title IX Coordinator 402.559.2710 csirizzotti@unmc.edu Administration Center Office# 2010 Students: Philip Covington, Ed.D.Assistant Vice Chancellor for Student Success402.559.2792 philip.covington@unmc.edu Student Life Center WC 209 Employees Linda M. Cunningham, MPA Associate Director, Human Resources402.559.7394 lcunning@unmc.edu Administration Center Office# 2001. UNMC website: www.unmc.edu/TitleIX Compliance Hotline: 1-844-348-9584 or www.nebraska.ethicspoint.com