EO/AA/Title IX/Campus SaVE Act - Colorado State University

Report
Setting the Stage for Academic & Workplace Success
EO/AA/Title IX/Campus SaVE Act
Roosevelt T. Wilson (U.S. Air Force Retired), M.A., CDP
Director, Office of Equal Opportunity/Affirmative Action
and Title IX Coordinator
August 18, 2014 (Convocation Week) – Faculty/Staff Training
IMPACT ON YOU
This Discussion
May Bring Up
Past Memories
Overview
• EO/AA – What’s Included
• Oversight and Resources
• Identifying and Reporting Sexual
Harassment/Misconduct/Dating,Domestic Violence and
Stalking
• Bystander Intervention / Prevention Measures
• Reporting Options / Remedies
• Consent
EO/AA – What’s Included
• EO – Faculty, staff, students, employment applicants,
admissions applicants, and visitors are ALL protected from
discrimination based on: race, color, religion, national origin,
sex (includes pregnancy status and sexual harassment),
sexual orientation, gender identity/expression, age, disability
(physical/mental), genetic information, veteran status,
parental/familial status and any other applicable local, state,
and federal civil rights statutes.
EO/AA – What’s Included Continues
• AA – A proactive “cradle to grave” approach regarding
institutional employment practices (ALL EO statutes apply)
• Recruitment / Search Procedures
• Selection / Interview Process
• Hiring
• “Opportunities” provided once hired (training, transfers,
promotions etc.)
• Termination
Oversight and Resources
• Titles IV and IX and Campus SaVE Act
• Institutional Policies
• Resources Available to Those Who Have Experienced
Sexual Harassment/Sexual Assault (On – and Off-Campus)
• Complaint/Grievance Process/Procedures
• New on-line training on the way for ALL faculty and staff!
- Unlawful discrimination, Title IX and Campus SaVE Act
WHAT IS SEXUAL
HARASSMENT/ASSAULT?
•Sexual Harassment
•Non-Consensual Sexual Contact
•Non-Consensual Sexual Intercourse
•Sexual Exploitation
NOTE:
- Sexual Assault can be any gender/sexual orientation against a
person of the same or opposite gender
- Sexual assault can be committed by current or former partners,
friends, acquaintances or strangers
SEXUAL HARASSMENT
•
UNWELCOME, gender-based verbal or physical
conduct that is
•
Sufficiently severe, persistent or pervasive that it,
•
Has the effect of unreasonably interfering with,
denying or limiting someone’s ability to participate on
or benefit from the University’s educational program
and/or activities, and is
•
based on the creation of a hostile environment, power
differentials (quid pro quo), or retaliation
SEXUAL HARASSMENT
•
A mere utterance of a sexual comment which creates
offensive feelings in an employee or student would not
normally affect the terms and conditions of their
employment or education.
•
A professor/coach insists that a student have sex with
him/her in exchange for a good grade or to start on a
team, is harassment regardless of whether a student
accedes to the request.
SEXUAL HARASSMENT
•
A student repeatedly sends sexually oriented jokes
around on an email/texting list he/she created, even
when asked to stop, is sexual harassment.
•
An ex-girlfriend widely spreads false stories about her
sex life with her former boyfriend to the clear
discomfort of the boyfriend, turning into a social pariah
on campus, is sexual harassment.
SEXUAL HARASSMENT
2 TYPES OF SEXUAL HARASSMENT
1) Hostile Environment- includes any situation
in which there is harassing conduct that is
sufficiently severe, pervasive and objectively
offensive.
May include: intimate partner violence (dating or
domestic), stalking, and gender-based bullying.
SEXUAL HARASSMENT
2 TYPES OF SEXUAL HARASSMENT
2) Quid pro quo sexual harassment- 1)
unwelcomed sexual advances, requests for sexual
favors or other verbal or physical conduct of a sexual
nature; and 2) submission to or rejection of such
conduct result in adverse educational or employment
action.
WHAT IS SEXUAL ASSAULT?
• Non-Consensual Sexual Contact/Activity
 any intentional sexual touching
 however slight
 with any object
 by a male or a female upon a male or a female
 that is without consent and/or force
NOTE:
Sexual Assault can be any gender against a person of the same
or opposite gender
Sexual assault can be committed by current or former partners,
friends, acquaintances or strangers
WHAT IS SEXUAL MISCONDUCT?
• Non-Consensual Sexual Intercourse
 any sexual intercourse (vaginal or anal penetration)
-- mouth to genital contact or genital to mouth contact
 however slight
 with any object
 by a male or a female upon a male or a female
 that is without consent and/or force
NOTE:
Sexual Assault can be any gender against a person of the same
or opposite gender
Sexual assault can be committed by current or former partners,
friends, acquaintances or strangers
WHAT IS SEXUAL MISCONDUCT?
• Sexual Exploitation
Occurs when a student takes non-consensual or abusive sexual
advantage of another for his/her own advantage or benefit, or to
benefit or advantage anyone other than the one being exploited,
and that behavior does not otherwise constitute one of other
sexual misconduct offenses.
WHAT IS SEXUAL MISCONDUCT?
• Sexual Exploitation - EXAMPLES
 Invasion of sexual privacy
 Non-consensual video or audio-taping of sexual activity
 Going beyond the boundaries of consent (such as letting your
friends hide in the closet to watch you having consensual sex)
 Engaging in voyeurism (“peeping Tom/Jane”)
 Exposing one’s genitals in non-consensual circumstances;
inducing another to expose their genitals

Sexually-based stalking and/or bullying
Knowingly transmitting and STI or HIV to others
WHAT IS STALKING
• STALKING - Engaging in a course of conduct directed at a
specific person that would cause a reasonable person to
• (A) fear for his or her safety or the safety of others; or
• (B) suffer substantial emotional distress
WHAT IS DATING VIOLENCE
• DATING VIOLENCE – Violence committed by a person
• (A) who is or has been in a social relationship of a romantic or
intimate nature with the victim; and
• (B) where the existence of such a relationship shall be
determined based on a consideration of the following
• (i) the length of the relationship
• (ii) the type of relationship
• (iii) the frequency of interaction between the persons involved
in the relationship
WHAT IS DOMESTIC VIOLENCE
• DOMESTIC VIOLENCE – Felony or misdemeanor crimes of
violence committed by a current or former spouse of the
victim, by a person with whom the victim shares a child in
common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse, by a person similarly
situated to a spouse of the victim under domestic or family
violence laws of the jurisdiction…or by 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.
Bystander / Prevention Measures
• Direct Approach
• Distraction
• Delegate
• How peer pressure / society impacts bystander
intervention / prevention measures
Reporting Options
• Confidentiality and Confidential Reporting (On/off campus
resources)/“Survivor Outreach/Support (SOS) Campus Act
• Title IX Coordinator (building team of Deputies)
• CSU-Pueblo/Pueblo Sheriff’s Office
• Off-campus Jurisdiction
• Other Reporting Scenarios (Faculty, staff etc.) and
Responsibilities Therein
• Complaint Process/Grievance Procedures
• Title IX Investigation vs Criminal Investigation
REMEDIES
• Sanctions / Protective Measures
• Residence Hall
• Counseling/on-going support
• Escort
• Academics (incompletes, additional time etc.)
• Various Other Possibilities To Remedy The Effects
Endured By The Survivor
CONSENT
In order for individuals to
engage in sexual activity of
any type with each other,
there must be clear consent.
CONSENT
Consent cannot be given by someone
who is mentally or physically
incapacitated, whether resulting from
alcohol and/or other drug use, the taking
of a so-called “date-rape” drug,
unconsciousness, involuntary physical
restraint, or mental disability.
CONSENT
Consent is clear, knowing and voluntary. Consent is
active, not passive. Silence, in and of itself, cannot be
interpreted as consent. Consent can be given by words
or actions, as long as those words or actions create
mutually understandable clear permission regarding
willingness to engage in sexual activity.
CONSENT
 Consent to any one form of sexual activity cannot
automatically imply consent to any other forms of
sexual activity.
 Previous relationships or prior consent cannot imply
consent to future sexual acts.
Summary
• EO/AA – What’s Included
• Oversight and Resources
• Identifying and Reporting Sexual
Harassment/Misconduct/Dating,Domestic Violence and
Stalking
• Reporting Options / Remedies
• Consent
QUESTIONS / COMMENTS /
CONCERNS ?

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