Title IX: Our Community’s Responsibility for a Safer SEU

Annual Title IX SummitJuly 16, 2015

Agenda

• Title IX Teams and Roles

• Your Role

• Tile IX Categories

• Consent

• Statistics

• Resources

SEU’s Title IX Team

• Lisa Kirkpatrick, Student Affairs, Title IX Coordinator• Melinda Terry, Athletics, Title IX Deputy• Rosemary Rudnicki, Title IX Deputy

• Residence Life: Noah Corn• Student Life: Tom Sullivan, Dave Gallander• Dean of Students Office: Steven Pinkenburg, Jen Wichman, Connie Rey Rodriguez• Health & Counseling Center: Beth Charrier• Disability Services: Candice Vasquez• Human Resources: Rosemary Rudnicki, Mary Dellinger • University Police: Cpt. Dan Beck, Sgt. Homer Huerta• Risk Management: Rebekah Desai• Student Affairs: Sara Cowe, administrative support• Faculty: Dr. Teri Varner• Enterprise Information Systems: Angela Svoboda

Title IX Structure

Title IX Coordinator with It’s On Us

Adjudication and Welfare

Compliance and Policies

Training and Education

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.

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• Stalking• Dating or domestic violence• Sex offenses• Hate crimes based in gender, gender identity or sexual

orientation

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

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.

Sexual AssaultAny sexual act that is directed against another person when she or he is incapable of consenting or when the act is forced and/or against that person’s will.

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.””

Stalking

Stalking defined as pursuing in a repetitive and menacing way, following, harassing or interfering with the peace or safety of a member of the community or the safety of any of the immediate family of members of the community.

Dating and Domestic Violence

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.

Domestic (Family) Violence: Violence committed by current or former spouse or intimate partner; share a child in common; is or has cohabitated with.

Hate Crimes Based on Gender

An underlying crime (assault, graffiti) that is motivated by bias/prejudice with regards to:

– Gender

– Sexual orientation

– Gender identity

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 assault.

• 34% of women of a traditional college age experience stalking.• 30% of men of a traditional college age experience stalking. (http://www.cdc.gov/violenceprevention/nisvs/index.html)

College Students & Stalking

What Can I Do?

• Whoever is telling you needs:–Empathy–Information–More empathy

Information the Reporting Party 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 Reporting Party

• Reporting Choices:– The reporting party can contact the University (Director of Human

Resources or Dean of Students)– Can refuse to participate in investigation that has been started

• The reporting party can request confidentiality of their identity and the Title IX Coordinator/Investigator will honor request as much as possible

• The reporting party can report to law enforcement (UPD or other agency)

• 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 Reporting Party

• Resources for Support– Counseling – Legal – Safety Planning – Housing

• Confidential Sources on Campus– Health & Counseling Center 512-448-8538– Campus Ministry priests 512-448-8499– SEU Employee EAP (800) 343-3822

• Confidential Sources Off Campus– Safe Place 512-267-SAFE– Saheli 877-281-8371– YWCA (512) 326-1222

• Complaint against student

• Complaint against faculty/staff

• Any confusion about to whom to report

Steven Pinkenburg, 512-448-8408

Interim Dean of Students

Rosemary Rudnicki, 512-448-8540

Assistant VP for Human Resources,

Lisa Kirkpatrick, 512-448-8777

Interim VP for Student Affairs, Title IX Coordinator

Who Do You Report To?

What Happens Next?(University Side)

• Title IX Coordinator and other key campus offices will work to enact immediate remedies to ensure safety of the reporting party 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 reporting party, the responding party, any “witnesses.”

– Both parties are able to have an advisor (HCC advocate, attorney) present

What Happens Next?(University Side Continued)

• Title IX investigators will simultaneously alert reporting party and responding party of steps taken in the process and the outcome, including sanctions

• Both the reporting party and the responding party 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.

Thank you for taking the time…Questions?