1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

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

8. 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

9. 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

10. 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

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

12. 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

13. 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

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

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

16. 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

17. 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

18. 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

19. Applying Your Knowledge
NDMU Training 1/23/14

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. Questions?
Tara
NDMU Training 1/23/14