Title IX: What You Need to Know

1. Title IX: What You Need to Know

2. Title IX Defined • Title IX is a portion of the Education Amendments of 1972, Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. sections 1681 through 1688.  It states that: • "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. Federal Title IX Authority • The Federal Department of Education is charged with enforcing the provisions of Title IX. • Within this agency, the Office of Civil Rights (OCR) is the section of DOE that administers Title IX.

4. Title IX Information 20% of young women in college will be victims of attempted or actual assault and 6% of undergraduate men (2009 report)

5. Title IX Requirements • New federal guidelines require that schools implement Title IX training for all employees. • Requires that employees and students know what harassment is and understand how to report incidents.

6. Title IX Information • The government is shifting its view of sexual misconduct from a conduct and discipline framework to civil rights discrimination. • Sexual harassment of students is a form of sex discrimination prohibited by Title IX.

7. Sexual Harassment Sexual Harassment is unwelcome, gender based verbal or physical conduct that is: • Sufficiently severe, pervasive and persistent to unreasonably interfere with the students' ability to participate in the educational program, OR • Based on power differentials (quid pro quo) or creates a hostile educational environment, or involves retaliatory behavior (even one instance).

8. Sexual Harassment • This includes if the student-on-student sexual harassment initially occurred off school grounds, outside the school’s education program or activity. If a student complains to the school, regardless of where the conduct occurred, the school must process the complaint in accordance with established procedures.

9. Non-Consensual Sexual Contact Non-Consensual Sexual Conduct is: • Any intentional sexual touching, however slight. • By a man or woman, upon a man or a woman. • Without consent and/or by force.

10. Non-Consensual Sexual Intercourse Non-Consensual Sexual Intercourse is: • Any sexual intercourse. • By a man or woman upon a man or woman that is without consent and/or by force.

11. Sexual Exploitation Sexual Exploitation is: • Taking non-consensual or abusive sexual advantage of another for his or her own advantage or to benefit someone else.

12. Sexual Exploitation Examples • Invasion of sexual privacy. • Prostituting another student. • Non consensual video or audio taping of sexual activity. • Knowingly transmitting an STD or HIV to another student.

13. Sexual Exploitation Examples • Sexual based stalking or bullying of another student. • Posting of sexual pictures or statements on social media.

14. Reporting Responsibility It is the responsibility of all GHC employees to report all alleged violations of Title IX.

15. To Whom Should Alleged Title IX Violations be Reported? • Dr. Arlene Torgerson is the College’s designated Title IX Coordinator. All student to student allegations of misconduct should be reported to Dr. Torgerson. • If the allegations involves GHC staff, the alleged misconduct can be reported to Dave Halverstadt, Chief Human Resources Officer. OR • To either Dr. Torgerson or Dave Halverstadt & they will consult as appropriate.

16. Confidentiality • A confidentiality request will be evaluated in the context of the College’s ability to provide a safe and nondiscriminatory environment for all students. • If complainant requests confidentiality or asks that the complaint not be pursued, the school should still take all reasonable steps to investigate and respond consistent with the request for confidentiality.

17. Confidentiality • AND • The college is still required to pursue steps to limit the effects of the alleged harassment and prevent its recurrence

18. What will happen when it’s reported? • Inform and obtain consent from the complainant concerning the investigation • Investigation will be completed within 60 calendar days (recommended) • Information will be gathered about the alleged incident • Witnesses and those involved will be interviewed • Due process is provided to alleged perpetrators and victims

19. What happens When It is Reported • Steps may be taken to keep the complainant safe during the investigation • If confidentiality cannot be guaranteed as requested, complainant will be informed. • Due process is provided to alleged perpetrators and victims

20. Potential steps to keep complainant safe • Provide an escort on campus & to parking lots. • Arrange for special parking location. • Speak with faculty/staff where student frequents. • Change class sections where possible so that complainant and alleged perpetrator aren’t in the same classes. • Change campus work schedule where possible • Provide counseling services. • Arrange for complainant to re-take a course or withdraw from a class without penalty.

21. Office of Civil Rights Standards • OCR uses a preponderance (majority) of the evidence standard when it resolves allegations of discriminations. • Preponderance of the evidence is the appropriate standard for colleges when investigating allegations of sexual harassment.

22. Note • It is improper for a student who complains of sexual assault or in some cases harassment, to be required to work it out directlywith the alleged harasser. • Informal methods can be used with the assistance of trained staff in discussions with the complainant and the alleged perpetrator. • However, the complainant must be notified of his or her right to end the informal process at any time and begin the formal stage of the complaint process.

23. When is Liability Created for the College? Liability is created for the College when: • a GHC employee knew or should have known about alleged misconduct and failed to report the action. • A College official had the authority to institute corrective measures and did not do so.

24. Liability • If a complaint has been reported to a GHC employee and the complainant requests confidentiality or refuses to participate, the College’s ability to take action may be limited. • The College is still required to take all reasonable steps to investigate and respond. • Once the College has notice of an alleged Title IX violation, it has an absolute duty to investigate.

25. Liability • If law enforcement is involved, we are not to wait for law enforcement to investigate to take action. • Law enforcement investigations do not relieve the school of our responsibility to investigate. • Conduct may constitute unlawful sexual harassment under Title IX even if the police do not have sufficient evidence of a criminal violation.

26. Policy and Procedures • We are working on revising the current policy and procedures to comply with Title IX guidance and OCR requirements. • When complete, it will be disseminated to all and the process for complaints will be posted on the web.

27. Questions??