What and how are Responsible Employees required to report? Title IX Reporting: What and how are Responsible Employees required to report?

Agenda What is Title IX? What must be reported? Who gets the initial report? What resources are available?

What is Title IX? 37 Words: “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.” Title IX of the 1972 Educational Amendment

What does Title IX require? Title IX requires: Title IX applies to: Gender Equity Students Faculty Staff Visitors University activity on and off campus* * And non-University sponsored events that occur off campus and involve members of the FSU community

What does Title IX prohibit? Title IX prohibits Sexual Misconduct: Sex discrimination and harassment Includes discrimination and harassment based on pregnancy and parenting status Sexual Violence (rape, sexual assault and sexual battery) Intimate partner violence (dating & domestic violence) Gender based animosity (discrimination, harassment and violence) Sexual /gender stereotyping Discrimination, harassment, physical violence or sexual violence based on sexual orientation or gender identity/expression Stalking based on one of the above

What FSU Policies apply? Sex Discrimination and Sexual Misconduct Policy http://policies.fsu.edu/Policies/Policy- Offices/Office-of-the-President Student Conduct Code https://dos.fsu.edu/srr/conduct-codes/

What are our Title IX obligations? Legal Duties: Investigate Regardless of criminal investigation Eliminate Address Effects Prevent Recurrence

What must be reported? ANY incident of possible sexual misconduct that is disclosed to a Responsible Employee (regardless of who makes the disclosure) Names of Reporting Individual and Responding Individual Other Parties Involved in the alleged incident (if student or staff member shares this with you in their initial disclosure) Date, time and location of alleged incident Other relevant information (however, do NOT conduct your own investigation)

When is FSU on notice of an incident? When we know or reasonably should know When a Responsible Employee knew, or in the exercise of reasonable care, should have known about the sexual misconduct Responsible Employees must report incidents of sexual misconduct

Who are Responsible Employees? Any employee who is NOT a confidential source. FSU Confidential sources: Victim Advocates Mental health counselors (e.g. UCC and EAP) University health center medical staff Pastoral counselors Confidential sources cannot report sexual misconduct to the Title IX office, unless the Affected/Reporting Party asks them. Referring an individual to a confidential source does NOT fulfill a Responsible Employee’s obligation to make a Title IX report.

Who gets the initial report? Title IX Office: Jennifer Broomfield, LCSW, JD Title IX Director jbroomfield@fsu.edu 850-644-6271 OR Vanessa Fuchs Deputy Title IX Coordinator for Athletics vfuchs@admin.fsu.edu 850-644-4933 / 850-728-4875 Amber Wagner/ Human Resources Equal Opportunity Compliance Office (EOC) Deputy Title Coordinator for Faculty, Staff, or Visitors amwagner@fsu.edu 850-645-1458

How do I make a report? File an online report at: www.titleix.fsu.edu For reports against Students: Contact Jennifer Broomfield (850-644-6271) Vanessa Fuchs (850-644-4933) For reports against Faculty, Staff or Visitors: Amber Wagner (850-645-1458) NOTE: Referring to the Victim Advocate Program or University Counseling Center does NOT fulfill your obligation to make a Title IX Report. You must report to someone with Title IX or EOC after their name!!!

How do I preserve the privacy of a student or staff member who may have experienced sexual misconduct? Reports of possible Title IX violations should be made ONLY to the Title IX Director or Deputy Coordinators: Jennifer Broomfield Vanessa Fuchs / Athletics Amber Wagner / HR EOC

When must the Title IX Office investigate (even if the Reporting Party does not want to proceed)? When the safety of the others may be at risk: Multiple Responding Parties Responding Party has committed prior offenses Weapons were involved Serious physical injury (in addition to the sexual misconduct) occurred Location known to Title IX Office Other factors that create risk for the community if the case is not investigated and adjudicated

What happens after you make a report? Title IX Director or designee will initiate an investigation: Interview Victim/Reporting Individual Interview Witnesses Interview Responding Party(ies) Review other relevant evidence Complete Investigation and make recommendations to: Office of Student Rights and Responsibilities (if Responding Party is a student Appropriate Vice President (if Responding Party is a faculty member, staff person, or visitor)

What is the Florida Vulnerable Person’s Act? As individuals and as an educational institution, we have specific obligations relating to reporting: Child Abuse, Abandonment, or Neglect Sexual Harassment Sexual Violence

Florida Vulnerable Person’s Act (cont’d) October 1, 2012 Applies to you as a resident of Florida. Required reporting of known or suspected child abuse or child sexual abuse, abandonment, or neglect Individual’s failure to report is punishable by: third-degree felony, up to 5 years in prison, and up a $5,000 fine. University Administrator failure to report is punishable by a $1 million fine.

What are Child Abuse, Neglect, and Abandonment? Child Abuse: Any willful act or threatened act that results in any physical, mental, or emotional health to be significantly impaired. Abandoned or abandonment: Means a situation in which the parent or legal custodian of a child… has made no significant contribution to the child’s care and maintenance or has failed to establish or maintain a substantial and positive relationship with the child, or both. Neglect: Occurs when a child is deprived of necessary food, clothing, shelter, or medical treatment …when such deprivation or environment causes the child’s physical, mental or emotional health to be significantly impaired or to be in danger of being significantly impaired.

Florida Vulnerable Person’s Act (cont’d) Every individual has a duty to report to the Dept. Children & Families. Not just abuse by caregivers, but anyone. When in doubt, report. Every individual has to report, not just one. Also report to FSUPD. They will handle any investigation or referral. If the child is in immediate danger, call 911, then report to DCF and FSUPD.

Toll free telephone number: 1-888-357-7332 / TTY 1- 877-414-7234 How does the State of Florida notify us of sexual predator/offenders in our area? Website: https://offender.fdle.state.fl.us/offender/homepage .do;jsessionid=bwdhXuSvjG45L89DwHOL83-+ Toll free telephone number: 1-888-357-7332 / TTY 1- 877-414-7234

Points to keep in mind When in doubt, REPORT!!! Have discussions about your role as a Responsible Employee and the confidential resources available with your student athletes on a regular basis. If you think a student is about to disclose that they have experienced sexual misconduct, remind them of your Responsible Employee status and the availability of confidential resources. If a student does disclose sexual misconduct, let them know you are required to file a Title IX report and what will happen next (i.e., the Title IX Director or EOC Investigator will contact them). Invite the Title IX Director to conduct a Title IX training with your students.

How can I help to prevent sexual misconduct/gender based violence? Add a statement about Title IX to your syllabus and review it with students the first day. Participate in and encourage your students to participate in: Green Dot (Bystander Intervention) Training Contact Kori Pruett (kpruett@fsu.edu / 850-644-8871) https://knowmore.fsu.edu/greendot/ Allies/Safe Zones (allyship and contemporary LGBTQ+ issues)Training Contact Josh Kinchen (jkinchen@fsu.edu / 850-645-0908) http://sga.fsu.edu/safe_zone-program-info.shtml

What resources are available? FSU Resources: Local and National Resources: Title IX Office http://titleix.fsu.edu/ kNOw MORE https://smr.fsu.edu/ Victim Advocate Program https://dos.fsu.edu/vap/ University Counseling Center http://counseling.fsu.edu/ University Health Services http://www.uhs.fsu.edu/ FSU Police Department https://police.fsu.edu/ Refuge House 850-681-2111 refugehouse.com 211 Big Bend 211 211bigbend.net RAINN – national sexual assault hotline 800-656-4673 Rainn.org National Domestic Violence Hotline 1-800-799-7233 thehotline.org

Dept. of Education Guidance Revised Sexual Harassment Guidance 2001 DCL April 2011 DCL June 2013 (pregnancy and parenting) DCL FAQs April 2014 Title IX Resource Guide April 2015 DCL May 2016: Transgender Students All are available at: http://www2.ed.gov/about/offices/list/ocr/publications.html#TitleIX

Thank you! Jennifer Broomfield, LCSW, JD Title IX Director 408-H Westcott jbroomfield@fsu.edu 850-644-6271