Title IX of the Education Amendments of 1972

1. Title IX of the Education Amendments of 1972 Presented by Joni E. Baker, Ph.D., Director, Equal Opportunity & Diversity The Texas A&M University System

2. “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 educational program or activity receiving federal financial assistance.” Title IX of the Education Amendments of 1972 Implementing Regulations at: 20 U.S.C. § 1681 & 34 C.F.R. Part 106

3. Title IX - Athletics “No person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient, and no recipient shall provide any such athletics separately on such basis”

4. Title IX - Academics Sex equity in • Recruitment of students • Applications, admissions, enrollments • Financial support • Graduation rates • RA and TA assignments • Scholarships/Fellowships • Thesis/dissertation pass/fail rates

5. Title IX – Sexual Harassment April 2011 Dear Colleague Letter Title IX applies to sexual harassment, sexual violence and sexual assaults

6. Terminology • Sexual harassment is a form of sex discrimination. • Sexual harassment includes sexual violence (physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent, e.g., drugs, alcohol, disability). • Sexual violence includes rape, sexual assault, sexual battery, and sexual coercion. • A&M System Reg. 08.01.01 includes sexual exploitation (e.g., secret videotaping, voyeurism).

7. Relevant Statistics • 20-25% of college women will be victims of attempted or actual sexual assault • 6-10% of undergraduate college men will be victims of attempted or actual sexual assault • 13% of college women report being stalked each year • About 90% of sexual assaults on college students are perpetrated by someone they know • Fewer than 5% of student victims report to authorities or law enforcement

15. Title IX Coordinator • Participates in the development, implementation and evaluation of the institution’s Title IX policies and procedures • Develops Title IX complaint procedures for faculty, students, staff, and third parties • Provides public notice of the complaint procedures and the name and contact information for the Title IX Coordinator • Monitors and evaluates the institution’s Title IX compliance efforts and make recommendations for any appropriate changes • Oversees in-service training to ensure the institutional community understands Title IX policies and procedures • Provides technical assistance to campus law enforcement

16. Checklist for Title IX Compliance • Non-discrimination statement • Contact information for Title IX Administrator • Policy/Procedures • Identify reporting protocol • Identify prohibited behavior • Identify grievance procedures • Appeal standards • Notice of information and outcome

17. Checklist for Title IX Compliance • Prompt and Equitable procedures • Training for all constituencies • Fair and equitable investigations • Prompt and effective remedies • Specific actions designed to reasonably prevent recurrence

18. Sexual violence is not just a police matter….. • Law enforcement action does not relieve an educational provider from its own INDEPENDENT investigative responsibility under Title IX. • While a crime may not have been committed or cannot be proven, policy violations may result in disciplinary action.

19. “Responsible Employee” • A responsible employee includes any employee who: • Has the authority to take action to redress the harassment, • Has a duty to report harassment or other types of misconduct to appropriate officials, OR • Is someone a student could reasonably believe has this authority or responsibility.

20. “Responsible Employees” • Once a “responsible employee” has either actual or constructive notice of sexual harassment/sexual misconduct, the school must: • Take immediate and appropriate steps to investigate what occurred • Take prompt and effective action to: • Stop the harassment • Remedy the effects • Prevent the recurrence NOTE: This is regardless of whether or not the victim makes a complaint or asks the school to take action.

21. Mandatory Reporting • Must report to Title IX Coordinator; you may be subject to disciplinary action if you do not • May or may not be a police issue -- Victim/survivor decides whether or not to file charges with UPD or other authority • Victim/survivor decides whether or not to cooperate with the Title IX investigation • If the victim/survivor doesn’t cooperate, the university may be limited in what it can do

22. Confidentiality • Only medical professionals, lawyers, and the clergy legally have confidentiality privileges (unless it involves child or elder abuse). Recent White House guidance suggests this could be extended to victim advocates, perhaps others. • Must still report incidents, even if identifying information is kept confidential

23. Does mandatory reporting “chill” victims? • Victims/survivors may be embarrassed, afraid their parents will find out, don’t remember what happened, think they were partly to blame, drinking themselves, etc. • If someone in the campus community starts to share, say “if you tell me about a sexual assault, I am obligated to report it. If you want to keep it confidential, I will go with you to see ………”

24. Assistance to Victims/Survivors • Counseling • Academic adjustments (e.g., excused absences, incompletes) • Residential adjustments (another dorm or off-campus) • No contact orders • Other

25. To Whom Does Title IX Apply? • Text of Title IX: “No person in the United States” – Not just students • U.S. Dept. of Education Office of Civil Rights 2001 guidance: • “A student may be sexually harassed by a school employee, another student, or a non-employee third party (e.g., a visiting speaker or visiting athletes).” • OCR 2011 guidance: • The grievance procedures must apply to sex discrimination complaints filed by students against school employees, other students, or third parties.”

26. Permutations of Complaints Student Student Faculty Faculty Staff Staff Third Party Third Party

27. Where Does Title IX Apply? • Title IX: “Any educational program or activity receiving federal financial assistance” • 2001 Guidance - “The ‘education program or activity’ of a school includes all of the school’s operations.” • Also“…at a class or training program sponsored by the school at another location, or elsewhere.” • This implies no limitations other than a nexus to the school’s operations.

28. Possible Location of Incidents • On campus • Study abroad programs • Faculty exchange programs • Field trips • Research sites • Fraternity, sorority houses • Off campus parties • Sporting events • School-sponsored internships

29. The Key • Is there a connection to the institution? • What is it? • What action can you take?

30. VAWA Reauthorization & Campus SaVE • Campus SaVE(a component of the VAWA Reauthorization) significantly amends the Clery Act • Signed into law on March 7, 2013, went into effect March 7, 2014 • Rulemaking underway: Additional guidance and regulations to follow • Effective date of regulations remains TBD • 2014 Annual Security Report (ASR) must reflect new law • Extensive new training requirements focusing on sexual assault, stalking, domestic violence and dating violence is required!

31. Campus SaVE: Annual Security Report • Murder and Non-negligent Manslaughter • Negligent Manslaughter • Sex Offenses • Forcible sex offenses • Non-forcible sex offenses • Robbery • Aggravated Assault • Burglary • Motor Vehicle Theft • Arson • Domestic Violence* • Dating Violence* • Stalking* * = NEW

32. Campus SaVE Definitions: Domestic Violence • Felony or misdemeanor crimes of violence committed by: • A current or former spouse of the victim • A person with whom the victim shares a child in common • A person who is cohabitating with or has cohabitated with the victim as a spouse • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies • Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction

33. Campus SaVE Definitions: Dating Violence • The term “dating violence” means violence committed by a person: • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and • Where the existence of such a relationship shall be determined based on a consideration of the following factors: • Length of the relationship • Type of relationship • Frequency of interaction between the persons involved in the relationship

34. Campus SaVE Definitions: Stalking • Stalking • Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: • Fear for his or her safety or the safety of others • Suffer substantial emotional distress

35. Campus SaVE:Annual Security Report • Added two Categories of Prejudice for hate crimes- actual or perceived: • Race • Sex • Religion • Sexual orientation • National origin* • Gender identity* • Ethnicity • Disability

36. Campus SaVE: Training Requirements • “Education programs to promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking,” including: • Primary prevention and awareness programs for allincoming students and new employees & ongoing prevention and awareness campaigns for students and faculty: • Definitions of and statements prohibiting: • Domestic violence, dating violence, sexual assault, stalking • State’s “definition of consent in reference to sexual activity” • Safe and positive options for bystander intervention • Risk reduction, how to avoid abuse & recognize warning signs of abuse

37. Campus SaVE: Training Requirements • Annual Training for those involved in disciplinary proceedings (investigators, hearing officers, appellate officers) on: • Domestic Violence, Dating Violence, Sexual Assault, Stalking • How to conduct an investigation “that protects the safety of victims and promotes accountability” • How to conduct a “hearing process that protects the safety of victims and promotes accountability”

38. Campus SaVE:Disciplinary Procedures • Institutional disciplinary procedures shall “provide a prompt, fair and impartial investigation and resolution” • Accuser and accused are entitled to the same opportunities to have a support person/advisor of their choice at any proceeding or related meeting • The accuser and accused must be simultaneously informed in writing of: • The outcome…that arises from an allegation of domestic violence, dating violence, sexual assault or stalking • The institution’s procedures for appeal • Any change to the results that occurs prior to the time that such results become final • When such results become final

39. Campus SaVE:Information Requirements • Survivor should receive written information regarding: • Procedures victims of DV, DV, SA, S should follow • Interim measures (Academic, Living, Transportation, Work) • Services available on and off-campus (counseling, advocacy, health) • Reporting options (campus police, local police, student conduct, HR, etc.) • Protection options (Order of Protection, No contact orders, etc.)

40. “Obama Targets College Sexual Assault Epidemic” • January 22, 2014 – President Obama signed a presidential memorandum launching an initiative to combat sexual assault, particularly on college campuses – White House Task Force to Protect Students from Sexual Assault • Task force report issued April 29, 2014, with action steps and recommendations

41. Steps and Recommendations • Climate surveys to understand extent of sexual assault problem • Prevention – including training for faculty, staff, students • Effective response to reports • Comprehensive sexual misconduct policy • Improved disciplinary systems • Community partnerships – rape crisis centers and local police • More guidance to come

42. Summary • Title IX is not new • Many schools have not handled sexual violence cases appropriately • Title IX is a high risk/high visibility issue • http://www.whitehouse.gov/1is2many • http://www.youtube.com/watch?v=lFAs9fegJsI

43. Joni E. Baker, Ph.D. Director, Equal Opportunity & Diversity The Texas A&M University System 301 Tarrow, Room 407 College Station, Texas 77840 (979) 458-6203 jbaker@tamus.edu