by Mr. Robert Joyce

Report
Campus Assaults: What is Your
College’s Responsibility & Liability?
Bob Joyce
UNC School of Government
September 4, 2014
1964
Congress passes Title VII of the Civil Rights Act
1964
Congress passes Title VII of the Civil Rights Act
Title VII bans discrimination because of
1964
Congress passes Title VII of the Civil Rights Act
Title VII bans discrimination because of
• race
1964
Congress passes Title VII of the Civil Rights Act
Title VII bans discrimination because of
• race
• color
1964
Congress passes Title VII of the Civil Rights Act
Title VII bans discrimination because of
• race
• color
• religion
1964
Congress passes Title VII of the Civil Rights Act
Title VII bans discrimination because of
• race
• color
• religion
• national origin
1964
Congress passes Title VII of the Civil Rights Act
Title VII bans discrimination because of
• race
• color
• religion
• national origin
• sex
1974
Title VII case:
“inharmonious personal relationship”
Late 1970s
Quid pro quo sexual harassment
Violation of Title VII if there was sexual
harassment that resulted in some kind of
tangible job detriment
1981
Title VII case
“an employer violates Title VII merely by
subjecting female employees to sexual
harassment, even if the employee’s resistance to
that harassment does not cause the employer to
deprive her of any tangible job benefits”
1972
Congress passes Title IX
1972
Congress passes Title IX
Title IX bans discrimination on the basis of sex
Title IX
Congress passes Title IX
Title IX bans discrimination on the basis of sex
What is discrimination on the basis of sex
Title IX
Direct, intentional unequal treatment, yes.
Title IX
Direct, intentional unequal treatment, yes
But what about sexual harassment?
EEOC Definition: Title VII
Sexual harassment
“Effect of unreasonably interfering with an
individual’s work performance or creating an
intimidating, hostile, or offensive work
environment.”
OCR Definition: Title IX
Sexual harassment:
“sufficiently severe, persistent, or pervasive to
limit a student’s ability to participate in or
benefit from an education program or activity,
or to create a hostile or abusive educational
environment”
1997
OCR Definition: Title IX
Sexual harassment:
“sufficiently severe, persistent, or pervasive to
limit a student’s ability to participate in or
benefit from an education program or activity,
or to create a hostile or abusive educational
environment”
1997
OCR Definition: Title IX
“sufficiently severe, persistent, or pervasive”
OCR Definition: Title IX
“a single or isolated incident of sexual
harassment may, if sufficiently severe, create a
hostile environment”
2006
UNC case
“those exceptional cases where a single incident
of sexual harassment, such as sexual assault or
rape, has been deemed sufficient to raise a jury
question.”
Late 2000s
Under Title IX
• Sexual harassment is a form of unlawful
discrimination on account of sex
• If “sufficiently severe, persistent, or pervasive”
• A single incident may meet that standard
2011
Dear Colleague Letter
2011
Dear Colleague Letter
• Student-run honor court may not be the
proper forum
2011
Dear Colleague Letter
• Student-run honor court may not be the
proper forum
• Can’t wait for the police
2011
Dear Colleague Letter
• Student-run honor court may not be the
proper forum
• Can’t wait for the police
• Must use the “preponderance of the
evidence” standard
Today
Sexual harassment:
“sufficiently severe, persistent, or pervasive to
limit a student’s ability to participate in or
benefit from an education program or activity,
or to create a hostile or abusive educational
environment”
1997
Today
Sexual harassment:
“sufficiently severe, persistent, or pervasive to
limit a student’s ability to participate in or
benefit from an education program or activity,
or to create a hostile or abusive educational
environment”
1997
Today
Sexual harassment:
“sufficiently severe, persistent, or pervasive to
limit a student’s ability to participate in or
benefit from an education program or activity,
or to create a hostile or abusive educational
environment”
1997
Today
Sexual harassment:
“sufficiently severe, persistent, or pervasive to
limit a student’s ability to participate in or
benefit from an education program or activity,
or to create a hostile or abusive educational
environment”
1997
Today
Sexual harassment:
“sufficiently severe, persistent, or pervasive to
limit a student’s ability to participate in or
benefit from an education program or activity,
or to create a hostile or abusive educational
environment”
1997
Today
• Conduct on campus or in connection with a
college event
Today
• Conduct on campus or in connection with a
college event
• Conduct off campus
Today
• Conduct on campus or in connection with a
college event
• Conduct off campus
Limits a student’s ability to participate or benefit
Creates a hostile or abusive educational environment
My Experience
My Experience
ID10T
My Experience
• What conduct occurred?
My Experience
• What conduct occurred?
• Was there consent?
My Experience
• What conduct occurred?
• Was there consent?
“Sexual harassment also includes sexual
misconduct.”
My Experience
• What conduct occurred?
• Was there consent?
“Sexual misconduct refers to physical sexual acts
perpetrated against a person without their
Consent”
My Experience
• What conduct occurred?
• Was there consent?
• Role of alcohol
My Experience
• What conduct occurred?
• Was there consent?
• Role of alcohol
“or where a person is incapable of giving
Consent due to the person’s use of drugs,
alcohol, or other impairing substances.”
My Experience
• What conduct occurred?
• Was there consent?
• Role of alcohol
“The relevant standard . . . is whether the
person alleged to have engaged in sexual
misconduct knew, or a sober, reasonable person
in the same position should have known, that
the Complainant was incapacitated.”
My Experience
• Two students, off campus, drink alcohol
together voluntarily
• They both become intoxicated
• They engage in sexual contact
• One student subsequently asserts that
consent was not given because that student
was incapacitated by the use of alcohol
My Experience
• What conduct occurred?
• Was there consent?
• Role of alcohol
• Role of attorneys
In UNC disciplinary hearings, students “shall
have the right to be represented . . . by a
licensed attorney . . . who may fully participate
during any disciplinary procedure”
Active Questions
How to educate students
How to receive and investigate reports
How to cooperate with law enforcement
How to conduct investigations and hearings
How to deal fairly with all parties

similar documents