Goals for the Session Understand key principles and issues Develop awareness and skills Review approaches Better Prepared to return to work!

II. It’s the Law Title IX “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.” Prohibits sexual and gender-based harassment, including sexual violence and all forms of sexual misconduct. Institutional obligation regardless of any law enforcement action

It’s the Law (continued) Title IX “No person in Once school knows or reasonably should know about a student or employee harassment that creates a hostile environment, school must take immediate and corrective action to: Eliminate the harassment Prevent its recurrence Address its effects School must provide appropriate interim remedies to address safety and well-being of both parties prior to the final outcome of the investigation. Understand key principles and issues

III. Covers More Than Athletics! Sexual discrimination and harassment Verbal Physical electronic Sexual violence Rape Sexual assault Exploitation Stalking Cyberstalking

Covers More Than Athletics! (cont’d) Interpersonal violence Intimate partner violence Domestic violence Dating violence Relationship violence Retaliation Gender-based discrimination and harassment Bullying/hazing

IV. Not Just a Federal Case States taking action include: NYProposed legislation, imposed on SUNY system CAAffirmative consent definitive MDProposing climate surveys NJProposed fines for reporting non-compliance VAPublic college notification to law enforcement in 24 hour (proposal) More?

V. It’s Not Just Title IX! Clery Act VAWA – Campus SaVE Act (2013) White House Task Force (2014) FERPA Federal and state laws Criminal Mandatory reporting Sex offenders

VI. Are You a Responsible Employee? A school is on notice if a responsible employee knew or should have known about harassment that creates a hostile environment. Responsible Employee Has the authority to take action to redress harassment Has the duty to report sexual harassment or other misconduct Is someone an individual could reasonably believe has the authority or responsibility

Are You a Responsible Employee? (continued) Whether an employee is a responsible employee or whether it would be reasonable for a student to believe the employee is, even if the employee is not, will vary depending on factors such as the age and education level of the student, the type of position held by the employee, and school practices and procedures, both formal and informal.

VII. Title IX has mandates but “how” up to schools! Not prescriptive Broad discretion on policies, procedures, structures, and personnel Prevention and education program tailored to individual institutions

VIII. What to do or say? Empathetic listening Thank you for sharing this with me. I am sorry you are going through this. Let me help you get to the right place. I will share this information to: Make sure you get the support and resources needed Put you in contact with university personnel who will explain your options on and off campus

What to do or say? (continued) Coordinate transportation for medical examination, law enforcement report, and/or preservation of evidence Reassure that a report to the university does not take away the student’s ability to choose how to proceed

IX. There’s More to Come! Increased and expanded enforcement efforts Title IX (investigations/findings of non-E compliance) Clery/Campus Save (investigations/increased fines) Increased civil litigation from both complainants and respondents Increased scrutiny of criminal investigations New federal and state legislation Increased mass and social media attention Climate surveys

Resources ACUI Bulletin Chronicle of Higher Education Title IX and Sex Discrimination. www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html Requirements Under Title IX of the Education Amendments. www2.ed.gov/about/offices/list/ocr/docs/interath.html NASPA Legal Issues Updates – Public Policy Website: The Law of Higher Education, W.A. Kaplin and B. A. Lee, Jossey-Bass Publishers Lex Collegii - College Legal Information, Inc. “The Law in Academe” - Chronicle of Higher Education annual issue “How to Comply with the Department of Educations Title IX Sexual Violence Guidelines”. ACUI.NotAlone.gov.

Thank You Dennis R. Black Vice President for University Life and Services 520 Capen Hall Buffalo, NY