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 ?