Title IX

Report
Rachel Wellman
Compliance Title IX Coordinator
425-564-2441 Office: A220
Title IX of the Education Amendments Act of 1972
“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
Title IX Overview
Civil Rights legislation – sexual harassment & gender
equity in education
US Department of Education Office for Civil Rights (OCR)
Early focus on gender equity in athletics
Federal mandate NOT optional.
Updates & Guidance
Title IX
Dear Colleague Letters
April 2011 – Sexual Misconduct
April 2013 – Retaliation
June 2013 – Pregnant and Parenting Students
Significant Guidance Document
April 2014 – Q&A about Title IX and Sexual Violence
VAWA
Title IX
Clery Act
Campus SaVE Act
Title IX Covers…
Any educational institution receiving federal funds
Students & Employees
On campus and at college-sponsored events
Off campus, when the impact of the incident extends on
campus
Gender equity applies campus-wide
Compliance Essentials
BC MUST take immediate and appropriate
steps to investigate
BC MUST take prompt and effective action
to:
Stop the harassment
Remedy the effects
Prevent the recurrence
Compliance Essentials - Notice
BC must take action once a Responsible Employee has
either actual or constructive notice of sexual harassment
or misconduct.
Actual – reported to you, you witnessed, indirect notice
from flyers posted on campus, media, online postings,
videos
Constructive – should have known, ‘everyone knows’
Who is a Responsible Employee??
Reporting
On Campus:
Title IX Coord. – Rachel Wellman
Human Resources – Aaron Hilliard
Student Conduct – Ana Blackstad
Public Safety
Off Campus:
Police Department
WA State Human Rights Commission
US Dept. of Ed. Office for Civil Rights
Confidential Options:
Licensed Professional Counselors
“Campus Confidential”
Ombuds
V
I
A
Online
reporting
or
In-person
Confidentiality
BC will seek to protect the privacy of the
complainant to the full extend possible,
consistent with the legal obligation to investigate,
take immediate action, and comply with federal &
state law, as well as BC policies & procedures.
Confidentiality CANNOT be guaranteed.
Title IX Investigations
Title IX investigations
are separate from:
• Student conduct
• Criminal
• Title VII
There are situations where
investigations are conducted
together.
It is possible to be found
guilty in one investigation
but not the other.
It is possible to receive
conduct charges AND
criminal charges
College investigation, NOT a criminal investigation
Purpose is to fact-find in order to stop, remedy
and prevent harassment
Standard of proof: more likely than not (50.1%)
Process must be equitable
Police investigations
Separate investigations with different standard of
proof
Does not determine outcome of Title IX
investigation
What is…
T7 & T9 & Possible Criminal
Sexual Harassment
 Unwelcome conduct
 that is sexual in nature, sex-based or gender-based AND
 Severe, persistent or pervasive AND
 Objectively offensive AND
 Interferes with, denies or limits access/ability to participate in education/activity
Retaliatory Harassment
 Engaged in a protected activity AND
 Subjected to adverse employment or educational action AND
 Connection between protected activity and adverse action
Stalking – Cleary Reportable
Directly, indirectly, or through a third party, engaging in a course of conduct (2 or more
acts), directed at a specific person that would cause a reasonable person to:
 Fear for their safety or the safety of others; OR
 Suffer substantial emotional distress (significant mental suffering or anguish)
T9 & Possible Criminal Violation
Dating Violence – Clery Reportable
 Is or has been in a social relationship of a romantic or intimate nature AND
 Where existence of such a relationship shall be determined based on the following
factors:
 Length of relationship
 Type of relationship
 Frequency of interaction between the persons involved in the relationship
 Includes, but not limited to, sexual or physical abuse or threat of such abuse
Domestic Violence – Cleary Reportable
Felony or misdemeanor crime of violence committed by a
 Current or former spouse or intimate partner,
 Person with who the complainant shares a child,
 Person who has or is cohabitating as a spouse or intimate partner, OR
 Any other person against an adult or youth complainant who is protected from that
person’s acts under the domestic or family violence laws of the jurisdiction in which
it occurred
And there’s more
Additional Training Components
Trauma informed questioning
Neurobiology of trauma
Bystander approach
Affirmative & Enthusiastic Consent
Additional Considerations
Pregnancy
Gender Identity/Equity
And there’s more help for all the other stuff!
http://www.bellevuecollege.edu/reportconcerns/Student Affairs
http://www.bellevuecollege.edu/diversity/programs/birst/
Dean of Student Success – Ana Blackstad x2630
Disability Resource Center - Susan Gjolmesi or AJ Duxbury x2498
Ombuds – Miranda Kato x2131
Title IX – Rachel Wellman x2441
Public Safety – x2400
Role of Compliance Title IX Coordinator
Consultation
Policy and procedure development
Ensure College compliance
Oversee investigations
Compile statistics
Oversee student and employee awareness
training
Faculty/Staff Responsibilities
ROLE
Report Immediately
Be prepared to make modifications after T9 intervention
Annual training - Active bystander/intervention
Events/Activities/Trips – sex offenders? minors? background check?
PREVENTION PRACTICES
Group Work – location
Disclose reporting requirement – reminder for specific assignments
Interrupt before it becomes an issue
Request T9 consultation/intervention
Scenarios
You learn that a student is missing class because an ex came to help her
move, but physically assaulted her instead. The ex is not a BC student.
Student informs another, “I want to touch you sexually and dominate you.”
In a paper, a student discloses that are a victim of dating violence/domestic
violence.
On the first day of class, a student tells you that a former partner, who was
stalking them, is in the class.
A person is being called derogatory names based on sexual orientation.
You hear from students that a colleague is having a sexual relationship with
students.
More Scenarios
You read a Facebook post where students are talking about the creepy
_______.
A student sent some nude pics to the person they are dating. After they
break-up, the one who received the pics shows a couple of friends.
Ann and Bill were in a relationship. Ann accuses Bill, who is an athlete, of
sexual misconduct. Bill’s teammate, Carl, threatens to harm Ann if she keeps
saying he assaulted her. Bill is also in a relationship with Dee. Ann says that
she has been receiving calls soliciting sex after someone posted her
information on an anonymous online site. She is sure it’s Dee.
Allegation of non-consensual penetration by a student who had consensual
sexual intercourse before and after the alleged non-consensual activity.
Even More Scenarios
A faculty member says to their class, “Students ask me out a lot because I’m
attractive.”
Faculty to a student, after the student comments about not doing so well on
an exam, “Well, you could have babies. That’s a meaningful thing to do.”
Faculty comments, in front of the class, that a student looks like an actress
from a particular movie. Later, a classmate who is shocked at the comparison,
informs the student of the nature of the movie character referenced.
A student in your class has Tourette’s and their outbursts are sexual. Students
in the class begin to complain. One student informs you that they have
experienced sexual trauma and the sexual outbursts are impacting her ability
to concentrate and learn.
Current Case Data
June 2014 – Current
June - Aug
7
Fall Total
18
Total Cases 25
TYPE
Complaints
Referral
Inquiry
16
6
3
TITLE IX
Y
N
13
5
7
BEHAVIOR
DV &/or Stalking
Harassment
10
7
PARTY
Faculty/Staff
8

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