Til It Happens to You

EAST STROUDSBURG UNIVERSITY

Dr. Doreen M. Tobin Title IX Coordinator

Ms. Patricia A. KashnerDeputy Title IX Coordinator

Corporal Michael FlahertyUniversity Police

Addressing Sexual Misconduct and Other Crimes on Campus:

TITLE IX and Clery Requirements

Federal Mandates Regarding Campus Crime

Intersecting legislation and task force reports Address sexual misconduct and other crimes on college and university campuses

Clery ActCampus SaVE Act (Clery Part II)Violence Against Women Act (VAWA)Not Alone: White House Report Title IXAct 104

What Is Title IX

1972 Landmark civil rights protectionTitle IX is applicable to all campus

constituencies, though it is perceived to primarily be a student issue

Applies to males and females, including gender non-conforming individuals

Title IX Focus: Sex-Based Misconduct

Provides protection from all forms of sexual misconduct including: sex-based discrimination, harassment, or gender violence at any educational institution receiving federal funding

Sexual Misconduct: All forms of harassment and violence that are sexual in natureSex-Based Harassment: Stalking, voyeurism, exhibitionism, verbal or physical abuse or threats thereofSex-Based Violence: Intimate partner or domestic partner violence, dating violence, attempted or completed rape, and other forms of sexual assault

Clery Reportable Crimes

These crimes need to be reported:

Criminal homicideSex offenses (forcible & non-forcible)RobberyAggravated assaultBurglaryMotor vehicle theftArsonManslaughterHate CrimesDomestic violence, dating violence, stalkingArrests or persons referred to campus disciplinary action for liquor law and drug related violations& illegal weapons possession

Definitions

Sex-Based Misconduct & Sex Discrimination are defined as:

Any sex-based circumstances/events that deny or limit an individual’s ability to participate in or receive benefits, services, or opportunities in the university’s programs: academic programs, internships, sports, housing, admissions, health services, etc.

University Responsibilities Under Title IX and Clery

Policy and Process:o Maintain and advertise University policies, resources &

services aimed at addressing any instances of sexual misconduct and other campus crimes

o Identify individuals who serve as ESU’s Responsible Employees/CSAs

o Publish & distribute an annual Campus Security Report by October 1st of each year

o Support & keep an up-to-date daily log of all reported crimes

o Adopt and publish reporting and grievance procedures for the timely resolution of complaints

o Provide victims with on and off campus resources & services;

o Take expedient action to assure victim/complainant can continue education free of sex discrimination, sexual harassment or sexual violence

University Responsibilities Under Title IX and Clery

Notification:o Immediate notification to the campus community is

required for crimes that pose a serious and ongoing threat

o Immediate notification is sent out through text message alert, siren system activation or through notification on the ESU homepage

o The campus must be notified in a timely manner (usually within 24 hours of a threatening incident)

o ‘Timely Warning’ notification may be given by voicemail, email, information bulletins, newspaper announcements, etc.

o These notifications are important as they make the campus aware of incidents and may prevent someone else from being harmed

University Responsibilities Under Title IX and Clery

Training:o Provide specific training for new and continuing students on

what constitutes sexual misconducto Train individuals identified as Responsible Employees/CSAs on

sexual misconduct, reportable crimes and campus reporting requirements

Education: Programming Step Up Bystander Intervention Definitions Consent

Resources:o Circle of Six Circle of Six o Women’s Resources of Monroe County Hotline 570.421.4200 o Shuttle Services, Safe Ride Programo Accommodations

Critical Definitions

Responsible Employee per the OCRAny person who has the authority to take action to redress sexual harassment/misconduct; who has been given the duty of reporting incidents of sexual harassment/misconduct by student to the Title IX coordinator, or who a student reasonably believes has this authority or duty

CSA (Campus Security Authority) Any official with significant responsibility for student and campus

activities

What it Means to be a Responsible Employee/CSA

If someone tells you about a crime or an incident that might be a crime, record the information and submit a report

Simply get the facts - experts will do the analysis To make a report, complete the ESU Title IX Report Form and forward

it to the Title IX Coordinator, or complete the ESU Clery Incident Report Form and forward it to University Police

When in doubt, report it Questions? Contact: Title IX Coordinator, 570-422-3463 or University Police CSA Coordinator, 570-422-3473

Faculty Responsibility

Faculty must include information on syllabi.East Stroudsburg University and its faculty are committed to assuring a safe and productive educational environment for all students. In order to meet this commitment and to comply with Title IX of the Education Amendments of 1972 and guidance from the Office for Civil Rights, the University requires faculty members to report incidents of sexual violence shared by students to the University’s Title IX Coordinator.  The only exceptions to the faculty member’s reporting obligation are when incidents of sexual violence are communicated by a student during a classroom discussion, in a writing assignment for a class, or as part of a University--approved research project.  Faculty members are obligated to report sexual violence or any other abuse of a student who was, or is, a child (a person under 18 years of age) when the abuse allegedly occurred to the person designated in the University protection of minors policy. Information regarding the reporting of sexual violence and the resources that are available to victims of sexual violence is set forth at:  Title IX: Sexual Harassment and Sexual Violence  http://www4.esu.edu/titleix/

When Crimes Need to be Reported

Report the crime whenever a victim or witness calls it to your attention.

Be sure to document:•When the crime or incident occurred•When it was reported to you

Clery requires that the crime be counted for thecalendar year in which it is reported.

Report All Crimes Even if They Did Not Occur at ESU

Any crime involving an ESU student while attending a University sponsored event, function or in conjunction with the educational process must be reported, no matter the location of the incident.

Example 1: A student is assaulted while attending a

university sponsored conference in another city.

Example 2: A student is being sexually harassed during an

academic internship at a local business.

Just Get the Facts__________________________

Clery and Title IX Coordinators will categorize the report; your job is to get the information the person is willing to tell you. Remember:

o You are not a detective.o You don’t have to prove what happened or

who was at fault.o You are not supposed to find the

perpetrator.Clery: Use the report form provided by ESU. The

identity of a victim is confidential, not required, and should not be included in your CSA report.

Title IX: The victim must be identified, however, the victim can request anonymity from the Title IX Coordinator.

ESU Reporting, Resources & Services Options

Reporting options University Police Title IX and deputy Title IX Coordinators Student Conduct Services Human Resources

On Campus Resources University Health Services Counseling and Psychological Services Women’s Center and GLTBQA Center

On Campus Services Academic, Housing, Employment and Transportation Adjustments Assistance with investigations, complaint and hearing options,

protection from abuse orders, and filing criminal complaints

Crime Reporting

Contact University Police for non-emergencies (570) 422-3064;911 for emergencies

Title IX: http://www4.esu.edu/titleix/index.cfm

Clery: http://www4.esu.edu/about/offices/police/index.cfm

Web Links

Visit our websites for further information

Title IX: http://www4.esu.edu/titleix/index.cfm

Clery: http://www4.esu.edu/about/offices/police/index.cfm

Til It Happens to You

Til It Happens to You

Questions