Southern Utah University Title IX SEXUAL MISCONDUCT Southern Utah University Title IX

The content in this training is of a sensitive nature The content in this training is of a sensitive nature. The training has been designed with care, however some of it may be upsetting. If you feel the need to talk with someone and find a different training, please contact our office at (435)586-5419 or title9@suu.edu. The content in this training is of a sensitive nature. The training has been designed with care, however some of it may be upsetting. If you feel the need to talk with someone and/or find a different training, please contact our office at (435)586-5419 or title9@suu.edu

SAFE SPACE DISCLAIMER STATEMENT SUU is committed to making campus a welcoming, open space for everyone to learn, grow and develop. We can do this by: Showing respect for others as individuals by learning and using their preferred names and pronouns Providing room for each person to explore their own identities and allowing others to define their own identities and to speak for themselves Supporting an atmosphere of learning and growth SUU is committed to making our campus a welcoming and open space for everyone to learn, grow, and develop. We can maintain a safe space for all students through: Showing respect for others as individuals by learning and using their preferred names and pronouns, providing room for each person to explore their own identities and allowing others to define their own identities and to speak for themselves, supporting an atmosphere of learning and growth.

WHAT IS SEXUAL MISCONDUCT? Law defines sexual harassment as: Any unwanted or unwelcome behavior -- of a sexual nature -- that makes you feel uncomfortable, fearful or powerless, and interferes with your schoolwork. Sex discrimination is when a person is treated less favorably than a person of the opposite sex would be treated in the same or similar circumstances. Sexual harassment and discrimination can happen to anyone. So, what is sexual misconduct? Sexual harassment is any unwanted or unwelcome behavior of a sexual nature that makes someone feel uncomfortable, fearful, powerless, and interferes with their schoolwork. Additionally, sex discrimination is when someone is treated less favorably because of their sex. Let’s focus on some keywords here: uncomfortable, unwelcome, and unwanted.

If consent is not clear, do not assume! Past consent does not mean ongoing future consent. Consent cannot be given by force. Consent to engage in a sexual encounter must be given by all participating parties; must be clear, knowing, and voluntary; and may be given only by someone who is 18 years of age. If consent is not clear, do not assume! CONSENT if someone is feeling uncomfortable, and the actions are unwelcome or unwanted, they are not consenting to the sexual encounter. Consent must be given by all participating parties, must be clear, knowing, and voluntary and can only be given by someone over 18. Consent can not be given by someone mentally or physically incapacitated by drugs, alcohol, or sleeping. Consent is active, cannot be given by force, and giving consent in the past does not mean consent is ongoing for the future. If consent is not clear, you should never assume that you have it. Consent can only be given by someone who is not mentally and/or physically incapacitated (under any influences such as drugs or alcohol, or asleep). Consent is ACTIVE

EXAMPLES OF SEXUAL MISCONDUCT Sexual comments about a person’s body Sexual gestures Sexual (dirty) jokes Sexual touching Sexual suggestions or advances* Showing offensive sexual pictures, stories or objects Spreading rumors about another student’s sexual behavior Additional Issues Covered Rape (attempted/completed) • Stalking • Voyeurism • Exhibitionism • Pregnancy/Parenting • Intimate partner violence Some examples of sexual misconduct include: sexual comments, gestures, jokes, and touching. Showing offensive sexual pictures or spreading rumors; completed or attempted rape, stalking, voyeurism, exhibitionsim, pregnancy, and intimate partner violence.

PROTECTION AGAINST HARASSMENT Title IX is a federal civil rights law that prohibits discrimination on the basis of sex, including on the basis of sex stereotypes, in education programs and activities. All public schools and any private schools receiving federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence such as rape, sexual assault, sexual battery, sexual coercion, or dating violence. Gender-based violence and harassment are behaviors that are committed because of a person's gender or sex. Title IX is a federal civil rights law that prohibits any sexual misconduct including harassment or discrimination.

Southern Utah University does not tolerate any form of sexual misconduct Additionally, SUU will not tolerate retaliation of any kind from any party. Additionally, SUU does not tolerate any form of sexual misconduct or retaliation from any good faith report of such.

If the witness or victim was engaging in a violation of University drug, alcohol, or other minor conduct policies around the time of the alleged sexual misconduct, you WILL NOT BE DISCIPLINED BY THE UNIVERSITY FOR THESE VIOLATIONS. (determination of what qualifies as minor personal conduct is determined by the Student Conduct Administrator) Included in our sexual misconduct policy 5.60, is an amnesty clause. This section explains that if a witness or victim was engaging in a violation of University drug, alcohol, or other minor conduct policies during the time of the alleged sexual misconduct, you will not be disciplined by the university for these violations. AMNESTY CLAUSE

BYSTANDER INTERVENTION STRATEGIES Direct: Intervene in the situation. “Is everything okay over here?” Distract: Intervene without direct confrontation i.e. spilling your drink or asking for the time Delegate: Get help! You may not fall victim to sexual misconduct, but you may witness it. If you do, it is important to remember the 3 D’s of Bystander Intervention to help. Direct, Distract, and Delegate. Direct means intervening in the situation, this may look like: “is everything okay over here?” or “do you need me to call someone?” or “can I give you a ride home?”. Distract means intervening without a direct confrontation, this may look like spilling your drink and causing a diversion or walking up to them and asking for the time. Delegate means finding someone more properly equipped to help. Whether this is police, a trusted friend that can take them home, or a university official.

WHAT HAPPENS NEXT Receive the report Screening process Reporter’s wishes (still provide resources) Campus safety Investigations Sanctions/Criminal charges When the Title IX office receives a report, whether from a victim, a bystander, or an employee, we screen the report. This looks like meeting with the reporter and/or the victim and finding out their wishes of what should happen. Most of the time we can respect these wishes, unless there is a campus safety issue. From there, we can move on to providing resources and conducting investigations. However, we first ensure safety as that is our first priority.

CONTACT ME Heather Ogden Bennion Building room 111 (435) 586-5419 heatherogden1@suu.edu Our Southern Utah University Title IX Coordinator is Heather Ogden. We recommend taking a photo of this slide to keep her contact information. If you do not know if your complaint or report is Title IX, please contact us anyway and we can assist in anyway that we can. If you ever have a question, and do not know whether something falls under Title IX, please contact us anyway. We will gladly help you anyway.

Community Campus Other: Canyon Creek Services: (435)233-5732 SUU Police: (435)586-1911 Campus CAPS: (435)865-8621, 136 W. University Blvd SUU Wellness Center: (435)865-8435, Student Center, 175 A Other: National Sexual Assault Lines: Chat: rain.org Call: 1-800-656-HOPE Suicide Prevention: 1-866-4-UTREVOR Additional resources for campus, community, and other are listed on this slide. This information can also be found on our flyers and our website: www.suu.edu/titleix

For additional training for your class, club, etc For additional training for your class, club, etc. please contact the Title IX office at (435)586-5419 or title9@suu.edu It’s on us T-Birds! Let’s keep our campus safe! For additional training or training resources, please contact the Title IX Office.