Title IX Presentation for Faculty/Staff Summit 2014

Title IX: Our Community’s
Responsibility for a Safer SEU
Second Annual Title IX Summit
July 17, 2014
1-4 pm, Maloney Room
What Is Title IX & How Does It Involve Me?
Title IX of the Education Amendments 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 education program or
activity receiving Federal financial assistance.”
What Else Does It Mean Then?
Title IX specifically states that if the institution
knows or reasonably should know about a
situation where a student was sexually harassed
(and all the definitions to follow), the institution
MUST act to eliminate the harassment, prevent its
reoccurrence, and address its effects.
SEU’s Title IX Team
Lisa Kirkpatrick, Student Affairs, Title IX Coordinator
Sherry Dawson, Human Resources, Title IX Deputy
Melinda Terry, Athletics, Title IX Deputy
Residence Life: Christy Brown, Noah Corn
Student Life: Tom Sullivan (Critical Issues Board Chair for Student Code of Conduct)
Dean of Students Office: Steven Pinkenburg, Jen Wichman (Title IX Investigators)
Disability Services: Candice Vasquez
Human Resources: Rosemary Rudnicki, Mary Dellinger (Title IX Investigators)
University Police: Cpt. Dan Beck, Sgt. Homer Huerta
Risk Management: Rebekah Nagy
Student Affairs: Sara Cowe, administrative support
Health & Counseling Center: Beth Charrier
What Does It Mean for Me?
• You = St. Edward’s
• As an employee of St. Edward’s University, if
YOU know…St. Edward’s knows.
So, Who Are You?
Who Are You Video
Be Alert for the Following
Sexual harassment
Sexual assault
Dating or domestic violence
Sex offenses
Hate crimes based in gender, gender identity or sexual
Any of these fall under sexual discrimination according
to Title IX and are under the university’s purview as long
as they involve someone in the St. Edward’s community
(student, faculty, staff, guests) on St. Edward’s property
or at a St. Edward’s function (including off campus).
Sexual Harassment
“Sexual harassment is any unwelcome direct or indirect verbal or physical conduct that is made a
condition of employment , is a basis for employment decisions, or creates an offensive work
atmosphere that inhibits work performance.”
Hostile Environment includes any situation in which there is harassing conduct that is sufficiently
severe, pervasive/persistent and patently offensive so that it alters the conditions of education or
employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s)
viewpoint. The determination of whether an environment is “hostile” must be based on all of the
circumstances. These may include:
1. The frequency of the conduct
2. The nature and severity of the conduct
3. Whether the conduct was physically threatening
4. Whether the conduct was humiliating
5. The effect of the conduct on the alleged victim’s mental or emotional state
6. Whether the conduct was directed at more than one person
7. Whether the conduct arose in the context of other discriminatory conduct
8. Whether the conduct unreasonably interfered with the alleged victim’s educational or work
9. Whether the speech or conduct deserves the protections of academic freedom
Sexual Assault
• Any unwanted sexual contact (touching, kissing,
fondling or intercourse) committed without
consent of the individual or against an individual
who cannot reasonably consent.
Let’s Talk Consent
• Ongoing
– Must seek consent for every step of sexual activity
• Active Agreement
– Seek Nonverbal (active participation)
– Verbal Consent (Will you? Why yes!)
• Respectful & Honest
• “Consent can be given by word or action, but nonverbal consent is less
clear than talking about what you want and what you don’t. Consent to
some form of sexual activity cannot be automatically taken as consent to
any other sexual activity. Silence — without actions demonstrating
permission — cannot be assumed to show consent. You will do well to
keep in mind that under this policy, “No” always means “No,” and “Yes”
may not always mean “Yes.””
(Violence Against Women Act-VAWA)
• The term “stalking” means engaging in a
course of conduct directed at a specific
person that would cause a reasonable person
– fear for his or her safety or the safety of
others; or
– suffer substantial emotional distress.
42 USCS § 13925(a)
Dating Violence
• Violence committed by a person
• Who is or has been in a social relationship of a romantic or
intimate nature with the victim
• Where the existence of such a relationship shall be determined
based on a consideration of the following factors:
– length of relationship
– type of relationship
– frequency of interaction between persons involved in the relationship
42 USCS § 13925(a)
• An act that is intended to cause physical harm, bodily injury,
assault or sexual assault or reasonably places an individual in
fear of imminent physical harm, bodily injury, assault or sexual
assault committed by a person: (includes A&B from USCS)
Texas Code 71.0021
Domestic (Family) Violence
• Crimes of violence committed by current or
former spouse or intimate partner: share a child
in common; is or has cohabitated with; or
another person similarly situated
Texas Code 47.004
Hate Crimes (VAWA)
• An underlying crime (assault, graffiti) that is
motivated by bias/prejudice with regards to:
Actual or perceived race
Sexual orientation
National origin
Gender identity
Hate Crimes
Because of these [Holy Cross] values, St. Edward’s University is committed to ensuring and
protecting personal and cultural diversity, affirming tolerance, and promoting social justice
through recognizing the dignity and worth of each person. The university is committed to a policy
of tolerance and is opposed, in both philosophy and practice, to the oppression of diversity by
individuals, groups, or the institutional abuse of power. Intolerance refers to an attitude, feeling,
or belief wherein an individual shows contempt for other individuals or groups based on
arbitrarily selected characteristics.
Employee Handbook Statement Against Intolerance Section
St. Edward's University is a community of persons from diverse cultural backgrounds (ethnic,
racial, creed, religious, gender, sexual orientation, age, disabled and socioeconomic). All parties in
this community must strive to understand the individuality and uniqueness of those around us and
to value those differences, as well as learn from one another in an atmosphere of positive
encouragement and mutual respect.
St. Edward's does not condone any form of conduct that goes beyond the legally defined
boundaries of discrimination. We will not tolerate verbal or written abuse, threats, intimidation,
violence or other forms of harassment against any member of the St. Edward's community.
Code of Conduct
How Often Does This Happen?
1 in 4 women & 1 in 7 men
are victims of severe physical
violence at the hands of an
intimate partner.
1 in 4 college women
are victims of
completed or
attempted sexual
College Students & Stalking
• 34% of women of a traditional college age experience stalking.
• 30% of men of a traditional college age experience stalking.
What Can I Do?
• Whoever is telling you needs:
–More empathy
Information the Complainant Needs
You must report it!
“I really appreciate you sharing something so sensitive
with me. I need to let you know that as a member of
this community I am required to protect the safety of
our SEU community, including you. Part of my
responsibility in that is a requirement to report
something of this nature to our campus Title IX
Coordinator. Let me tell you a little more information
about what that might mean for you so you can make
the decisions you feel most comfortable with.”
More Information for the Complainant
• Reporting Choices:
– Complainant can report to the University (Director of Human
Resources or Associate Dean of Students)
– Can refuse to participate in investigation that has been started
• Complainant can request confidentiality of their identity and
the Title IX Coordinator/Investigator will honor request as
much as possible
• Complainant can report to law enforcement (UPD or other
• Although these entities might work together, the investigations
are separate and parallel processes.
What Kinds of Help Are Available?
• Counseling – Students, faculty and staff have a
variety of options for counseling to help process
their experience
• Safety Planning and Emergency Housing – there
are options on and off campus for a survivor to
begin to feel more safe
• Legal Help – Several advocate resources also
serve as legal advocates
Resources to Share with Complainants
• Resources for Support
Safety Planning
• Confidential Sources on Campus
– Health & Counseling Center
– Campus Ministry priests
– SEU Employee EAP
(800) 343-3822
• Confidential Sources Off Campus
– Safe Place
– Saheli
(512) 326-1222
Who Do You Report To?
• Complaint against
• Complaint against
• Any confusion about
to whom to report
Steven Pinkenburg, 512-448-8408
Associate Dean of Students, Title IX
Mary Dellinger, 512-448-8542
Associate Director, Human
Resources, Title IX Investigator
Lisa Kirkpatrick, 512-448-8408
Assoc. VP for Student Affairs/Dean
of Students, Title IX Coordinator
What Happens Next?
(University Side)
• Title IX Coordinator and other key campus offices will
work to enact immediate remedies to ensure safety of
the complainant and others
– Housing
– Class Schedules
– No contact/protective orders
• If the student has given enough information to trigger
and investigation already or if the student wishes to have
an investigation done, Title IX Investigators will begin to
gather information, which may include talking to the
survivor/complainant, the accused/respondent, any
– Both parties are able to have an advisor (HCC advocate,
attorney) present
What Happens Next?
(University Side Continued)
• Title IX investigators will simultaneously alert
complainant and accused of steps taken in the
process and the outcome, including sanctions
• Both the complainant and the accused are able
to request an appeal
• The entire University process is to take no
longer than 60 days (so action is quick)
What Happens Next ?
(Law Enforcement Side)
• An officer will likely contact the student to gather more
information and inquire about whether the student wants
to press charges.
• The student can decline to participate at all.
• Law enforcement may follow-up by questioning any
witnesses or the alleged perpetrator depending on the
information they have/receive.
• Investigations where both Dean of Students and
University Police are involved are done concurrently and
collaboratively as much as possible.
Dynamics of an Abusive Relationship
Basic Instructions:
• Assume the role of the student you are given
• Make a group decision about what to do next
• If you get a result card that ends your progress,
talk about questions posed and pick a new one
Dynamics of an Abusive Relationship
Questions to Consider:
1. What are the indicators of a healthy/unhealthy
relationship here?
2. How does the student’s background and cultural
context influence decisions? (or how might it be
different if the student was different?)
3. What myths or biases about abusive or stalking
relationships do you observe yourself or others
Dynamics of an Abusive Relationship
1. What reactions did you have to the exercise?
2. What was difficult/frustrating about the
situations you were in?
3. How did you observe that the student’s identity
and background influenced your decisions?
4. How could you in your role with students help a
student in a situation like this?
Thank you for taking the time…

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