Title IX Compliance for Sexual Harassment and Sexual Misconduct

1. Title IX Compliancefor Sexual Harassment and Sexual Misconduct Clemson Community Coalition 3-25-14 Jerry Knighton Title IX Coordinator

2. What will be covered • Introductions/Objectives • What is sexual harassment/sexual misconduct? • What is Title IX and University Expectations? • Duty to Act • Duty to Report • Small Group Case Studies Exercise • Impact & Understanding Trauma Response • Questions & Answers

3. DISCUSSION SCENARIOS • When Kathy did her class presentation several of the men in the class made sexually suggestive remarks loud enough for the rest of the class to hear.

4. DISCUSSION SCENARIOS 2. Ben made friends with Sue, another student, in his history class. Sue has been calling Ben a lot and recently has begun talking to him about how much she cares for him. She has been waiting outside his classroom and “appears” near him all around campus.

5. DISCUSSION SCENARIOS 3. Beth’s student work-study job is to clean the locker rooms after hours. Beth is offended by the pictures of naked men and women that students have taped to their lockers.

6. DISCUSSION SCENARIOS 4. Joe hangs out in the student union and is constantly surrounded by students telling off-color jokes or making sexually explicit remarks. He gets so upset he can’t eat or study there.

7. Sexual Harassment • Sexual harassment is defined as unwelcome sexual advances, requests for sexual factors and/or other verbal or physical conduct or written communications of an intimidating, hostile or offensive nature. It can occur when: • Submission to conduct is made a condition of employment/academic performance • Submission to or rejection of conduct used as basis for employment/academic decisions • Conduct has purpose or effect of creating an intimidating, hostile or offensive working/educational environment

8. Sexual Violence • Sexual violence is a form of sexual harassment. Sexual violence includes rape, sexual assault, sexual battery, and any form of sexual misconduct.

9. Title IX of Civil Rights Act of 1964Statute 20 U.S.C. 1681 • Provides 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…” • Sexual harassment is a form of “discrimination” under Title IX • Protects students from sexual harassment by any school employee, another student, or non-employee third party

10. The Dear Colleague Letter (DCL) • On April 4, 2011, the Department of Education’s Office of Civil Rights (OCR) issued guidance for all colleges and universities that receive federal funds • Examine current policies and procedures on sexual harassment and sexual violence to determine if they are in compliance with the requirements articulated in the DCL and the Revised Sexual Harassment Guidance issued in 2001 • Make revisions and implement changes as needed

11. The Dear Colleague Letter (DCL) • OCR recommends that training be provided to any employees likely to witness or receive reports of sexual harassment and violence, including faculty, law enforcement, administrators, counselors, general counsel, health professionals, resident advisors, community members • OCR also recommends training for anyone involved in investigating and hearing complaints of sexual harassment and sexual violence

12. Prevention and Education • Focus on Prevention through Education, Training of Appropriate Personnel and Knowledge of Policies, Procedures and Resources • How to recognize, how to avoid, how to report, how to respond, how to remedy, and what resources are available

13. GENERAL STUDENT REGULATION 16. Sexual Misconduct • Sexual misconduct is defined as any unwelcome conduct of a sexual nature, any act, verbal or physical, which creates an intimidating, hostile, or offensive educational, work, or living environment, and/or any attempted or actual act of non-consensual or forcible sexual touching. • Sexual touching would include, but is not limited to, fondling, kissing, groping, attempted intercourse (whether oral, anal or genital), penetration or attempted penetration with a digit or any other object. • Sexual misconduct includes the definition of sexual harassment and sexual violence contained in the Clemson University Harassment policy which can be found at http://www.clemson.edu/access/

14. STUDENT SEXUAL MISCONDUCT POLICY • “Consent” requires speech or conduct indicating a freely given, un-coerced agreement to engage in sexual contact. • Consent may not be inferred from silence or passivity alone and a current or previous relationship is not sufficient to constitute consent. • Consent may be withdrawn at any time prior to a specific sexual act by either person.

15. STUDENT SEXUAL MISCONDUCT POLICY To be valid, the person giving consent must be physically and mentally able to: • understand the circumstances and implication of the sexual act; • able to make a reasoned decision concerning the sexual act; and • able to communicate that decision in an unambiguous manner

16. STUDENT SEXUAL MISCONDUCT POLICY There are a number of factors which may limit or negate a person’s ability to consent to a sexual act. These include impairment due to the influence of alcohol or drugs (illegal or prescription), a person’s mental or physical impairment of which the other person is aware or should reasonably have been aware, unconsciousness, and fear or coercion.

17. GENERAL STUDENT REGULATIONS 14. Retaliation • No student shall retaliate against members of the University community who make good faith reports regarding potential University-related violations of laws, regulations or University policies. • Retaliation is any conduct causing any interference, coercion, restraint or reprisal against a person making a complaint or against a person assisting in any way in the investigation and resolution of the complaint.

18. OCES TITLE IX PROCEDURES Upon learning of a campus sexual misconduct, assault, or harassment, the following should occur: • Report the alleged incident immediately to your superviser, University Police, the Director of OCES, and/or the Director of Access and Equity. • The complainant may be asked to provide a written or verbal report of the incident if there is no other documentation. • The complainant will be invited, but not required, to meet with the director (or designee) in order to further discuss University discipline procedures.

19. OCES TITLE IX PROCEDURES • Confidentiality: In the handling of sexual misconduct and harassment cases, every effort is made to maintain confidentiality. While it is essential that campus representatives honor the choices of the complainant, there are instances where it is the university's ethical and legal responsibility to disclose information regarding the circumstances related to a specific incident. Confidentiality is defined as ensuring that information is accessible only to those who have a need to know.

20. WHAT CAN HAPPEN No Contact Order: • No contact with any individuals who are complainants, victims or witnesses in the student conduct process. • This means orally, verbally, written, electronic, cellular, physical, social contact, second or third parties. • This can also be issued as an interim sanction prior to the completion of the disciplinary process. Other Interim Sanctions: • Housing Relocation for On-Campus Residents • Reassignment of classes if assigned to the same classes

21. WHAT CAN HAPPEN • The burden of proof standard is “preponderance of the evidence” in order to be consistent with Title IX standards. • The University’s investigation will not wait for the conclusion of a criminal investigation. • The University will notify the complainant/victim of the right to file a criminal complaint and should not discourage him or her from doing so.

22. WHAT CAN HAPPEN • Expulsion • Suspension • Eviction • Probation • Restriction of Privileges • In-Kind Restitution Clemson’s policies and proceedings have no bearing on criminal court cases and vice versa.

23. CASE STUDIES

24. Physical Reactions Emotional/Psychological Reactions Common Reactions to Sexual Victimization • Injuries • Soreness • Bruising • Fatigue • Gastrointestinal Problems • Sleep Disturbance • Appetite Disturbance • Anxiety • Depression • Shock • Fear • Humiliation • Anger • Self-blame • Low self-confidence • Doubt • Embarrassment

25. Understanding Trauma Response • It is common for individuals to experience multiple episodes of trauma • Individuals often experience a range of event types or multiple experiences of a single type of trauma

26. Understanding Trauma Response • Avoidance and numbing are common responses to traumatic or potentially traumatic situations • Additional problems relate to intrusive recall, chronic stress, dissociation, depression, and anxiety • Fear is not objectively determined by the physical incident • Social networks may be negatively impacted • Academics may be negatively impacted A. Y. Shalev (2002)

27. How to Help a Survivor • Listen without judging; • Let them know the assault(s) was not their fault; • Reassure the survivor that he or she is cared for and loved; • Encourage the sexual assault victim to seek medical attention; • Encourage the survivor to talk about the assault(s) with an advocate, mental health professional or someone they trust; and • Let them know they do not have to manage this crisis alone.

28. What We Can Do To Help End Sexual Victimization • Awareness • Education • Prevention • Bystander Intervention