Sexual Misconduct Sexual Harassment Candace Caraco, PhD, Chief of Staff Megan Farrell, JD, MBA, Title IX Coordinator Geri Larsen, MS, Director of Human Resources Rebecca Sawyer, EdD, Vice President for Student Life With thanks to Tara Pereira, EdS NDMU Training 1/23/14

Title IX Officers Geri Larsen, Deputy Title IX Coordinator for Human Resources Rebecca Sawyer, Deputy Title IX Coordinator for Student Life Megan Farrell, University Title IX Coordinator Melissa Lees, Sexual Assault Resources Coordinator Jim Mitchell, Liaison to Local, State, and Federal Law Enforcement NDMU Training 1/23/14

Agenda Review Title IX Define Sexual Misconduct Introduce Key Policy Elements Discuss Your Role as Employee of the University Review Reporting Process Apply your knowledge with “scenarios” Rob NDMU Training 1/23/14

No person in the United States shall, on the basis of sex. . . Title IX 20 U.S.C. 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. Additionally, defines Sexual Violence as part as Sexual Harassment. Tara 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. Additionally, defined Sexual Violence as part as Sexual Harassment. NDMU Training 1/23/14

What does Title IX require Dear Colleague Letter Requires universities to take immediate action to eliminate sexual misconduct, prevent its recurrence, and address its effects, including: Naming Title IX Coordinator Revising University Polices and Procedures Training of employees and students on new policies and procedures Tara Understand that YOU are the school. If the school knows or “should have known” we are liable. Immediate action means you must report any behavior that that could be sexual harassment and you must report sexual assault. NDMU Training 1/23/14

Learning Objectives Review Title IX and associated regulations, including the Dear Colleague Letter Explore NDMU process pertaining to sexual misconduct, including defining key terms Understand your responsibilities as Responsible University Officer to report all allegations of sexually inappropriate behaviors Apply this knowledge to real life campus scenarios Tara SAY: Before we get started, let’s explore the outcomes of today’s session. By the end of this session, you will be able to: Recognize the various types of sexual harassment and sexual violence, including being able to identify the types of behaviors associated with each one, and the impact such behavior Describe the regulations, and GW Policies and practices which relate to harassment, including GW’s procedures for addressing complaints of sexual harassment and sexual violence. Demonstrate an understanding of GW’s responsibilities under Title IX to address allegations of sexually inappropriate behaviors and what this means for YOU in YOUR ROLE. Respond appropriately to harassment in a variety of situations, through the use of case studies and role play, and finally, You will know about all of the resources to support you in responding to, and preventing harassment, including sexual violence. Of course, all of the content in today’s session is designed to help you understand ways to minimize the impact of sexual harassment in the workplace/classroom. Ask: Why is sexual harassment and sexual violence education relevant to you? How will you apply what you learn today? Title IX OCR’s Dear Colleague Letter, April 4, 2011 NDMU Training 1/23/14

Policies, Procedures, and Prohibitions Sexual Misconduct Sexual Harassment Policies, Procedures, and Prohibitions Tara NDMU Training 1/23/14

Sexual Violence on Campus 1 in 4 women will be the survivors of sexual violence 1 in 7 men will be survivors of sexual violence Sexual Violence is most likely to occur at night and in someone’s residence 90% of survivors know the perpetrator Tara Kerbs, 2007 NDMU Training 1/23/14

NDMU Policies Sexual Misconduct Policy Applies to faculty, staff, and students Policies administered depending upon the status of the accused Complaints against Students go to Deputy Title IX Coordinator for Student Life Complaints against Employees (Faculty and Staff) and third parties (vendors) go to Deputy Title IX Coordinator for Human Resources Tara Reference package NDMU Training 1/23/14

NDMU’S Sexual Misconduct Policy Prohibits Sexual Misconduct includes: Sexual Violence Rape Sexual Assault Domestic Violence Dating/Relationship Violence Sexual Exploitation Sexual Intimidation Bullying Stalking Sexual Harassment NDMU Training 1/23/14

Sexual Harassment Quid Pro Quo Hostile Work Environment NDMU Training 1/23/14

Sexual Harassment Is… About power and control not about sex The emotional manipulation of another using sex Committed regardless of the gender expression or identity of the perpetrator or target Liability for 3rd Parties Male on male Female on female NDMU Training 1/23/14

University Responsibilities Under Title IX When an individual files a complaint or when any Responsible University Employee of the community learns of possible sexual misconduct, the school must immediately: Investigate, take appropriate steps to end the misconduct, eliminate the effects of the misconduct, and prevent the harassment from recurring. Tara NDMU Training 1/23/14

Responsible University Officer/Member of Community A Responsible University Employee includes any university administrator, supervisor, faculty member, coach or trainer.  Chances are, it is YOU! NDMU Training 1/23/14

OTHER IMPORTANT POLICY PROVISIONS Retaliation Confidentiality Consent NDMU Training 1/23/14

The Roles of the Coordinators Title IX Coordinator oversees Title IX enforcement Deputy Title IX Coordinators administer the investigation of the complaints Sexual Assault Resources Coordinator provide confidential counseling and emotional support Liaison to Law Enforcement contacts appropriate authorities and facilitate reporting and investigation of criminal matters Tara Make note that Mary Jo Warner is an ATIXC persona non grata? How are we using this? Too much: Show the WHAT and talk to the HOW. INCLUDE: SO WHAT? – Explain the link t NDMU Training 1/23/14

Reporting Responsibilities What are some reasons why Sexual Misconduct is not Reported? You MUST report instances of known or suspected sexual violence to Title IX Coordinator or Deputy Title IX Coordinators As a Responsible University Officer, you CANNOT promise confidentiality Unaware of University policy, law Socialization or peer pressure (WHAT WILL MY FRIENDS THINK?) Confusion: denial, self blame, guilt, shame, or embarrassment Fear of not being believed Fear of being labeled a trouble maker (social isolation) Fear of retaliation (HARASSER, FRIENDS OF HARASSER) Unaware of the Policies Confusion Fear Socialization Feelings Distrust of the “System” Fear of Personal Consequence, i.e. Judicial Fear of Social Isolation Retaliation NDMU Training 1/23/14

How to Respond to Disclosures Believe them. Use active listening skills. Listen without judgment. Display empathy. Be aware of non-verbal cues, yours and others. Be open in your posture. Let the individual lead the conversation. Protect the person’s privacy. THIS IS NOT THE TIME FOR AN EDUCATIONAL CONVERSATION! Tara ADD A TRANSITION NDMU Training 1/23/14

Applying Your Knowledge NDMU Training 1/23/14

Case Studies Purpose Apply your understanding of how to respond to the person disclosing Demonstrate your understanding of steps to take in addressing possible sexual misconduct (reporting lines notification) ROb NDMU Training 1/23/14

Sexual Assault – Student A student, who is usually very engaged in class, seems very distracted and has been handing in assignments late. You ask the student what is going on and she tells you that 4 weeks ago she was studying at the library one night and while walking to her car was approached by a stranger in a car asking for directions. When she leaned over to give directions she was pulled into the car and assaulted. The student didn't say everything earlier because she can't remember what the stranger looks like and is afraid no one would believe her. She is also afraid if she went to public safety rumors would spread around campus. NDMU Training 1/23/14

Sexual Assault - Student A 19-year-old resident student is sitting outside your office 8 am Monday morning. She breaks down and tells you that Friday night her boyfriend came over and they drank a few beers and smoked a few joints. Things got out of control and her boyfriend ended up assaulting her. She can't remember if she said no. She doesn't know what to do. She is afraid if she tells residence life she will get in trouble for underage drinking and drug possession. She wants to know what to do. NDMU Training 1/23/14

Sexual Harassment Scenario: Colleague A fellow faculty member tells you they are uncomfortable around one of your mutual colleagues. Your colleague shares that the other faculty member is continually making them feel uncomfortable by commenting on their dress, their “sexy voice,” by asking a lot of personal questions about dating and continually making sexual inferences. Your colleague has asked the other faculty member to stop these behaviors but they continue. What do you do? What is your role? NDMU Training 1/23/14

Sexual Harassment Scenario: Supervisor Your supervisor shares very intimate details of their personal life regularly.  Over time you have begun to feel uncomfortable with the level of detail and type of information being shared. It seems to you that your supervisor is making many of your colleagues uncomfortable for the same reason.  You feel apprehensive to do anything about this because the person of concern is your supervisor and has a significant impact on your ability to achieve tenure.  What do you do? How can you best help yourself? What are your resources? NDMU Training 1/23/14

Sexual Harassment Scenario: Student Concern One of your students approaches and informs you that another student is consistently making them feel uncomfortable, asking them out on dates and once attempted to kiss the student after a study group session. The student feels overwhelmed and helpless because the student in question is a trusted student leader. What do you do? What is your role? NDMU Training 1/23/14

Sexual Assault Scenario: Sexual Assault Survivor A student walks into your office hours and confides in you that they were sexually assaulted by another student at the university.  What do you do? What is your role? NDMU Training 1/23/14

Questions? Tara NDMU Training 1/23/14