1. AWARENESS AND PREVENTION REGARDING DISCRIMINATORY HARASSMENT, SEXUAL HARASSMENT AND SEXUAL VIOLENCE, etc. Westminster College April 27, 2015

2. PURPOSE OF THIS TRAINING?  The law makes colleges and universities responsible for providing a living, learning and working environment free of discriminatory and sexual harassment, sexual assault and other forms of sexual violence, dating violence, domestic violence and stalking.  You all play a role in carrying out the College’s obligations in this regard.  Focus on your rights and responsibilities, and the importance of AWARENESS, PREVENTION, and RISK REDUCTION.

3. MULTIPLE LAWS INVOLVED BUT MAIN FOCUS WILL BE ON COLLEGE POLICY  Title IX of Education Amendments ╍ April 2011 Dear Colleague Letter ╍ April 28, 2014 Q&A and WH Task Force Report ╍ Numerous pending cases at OCR  SaVE Act Amendments (VAWA & Clery Act)  Notice of Proposed Rulemaking under Clery  Other Federal Laws (Title VII et al.)  State laws  Westminster College Policy

4. OCR’S DEAR COLLEAGUE LETTER ON SEXUAL VIOLENCE  Sexual violence is a form of sex harassment  It includes rape, acquaintance rape, sexual assault, sexual battery, & sexual coercion  Fed. Govt. is focusing on sexual violence ╍ 4/11 DCL & 4/28/14 Q&A “Guidance” from OCR ╍ Wave of OCR complaints against other schools ╍ White House Task Force Report ╍ Violence Against Women Act & regulations

5. VIOLENCE AGAINST WOMEN ACT  Sexual Assault  Dating Violence  Domestic Violence  Stalking  Government emphasis on student-on- student conduct

6. VIOLENCE AGAINST WOMEN ACT  Encourages Prompt and Accurate Reporting of Crimes To Campus Police and Other Appropriate Law Enforcement Agencies  MANDATES Education Programs to Promote Awareness and Prevention of Rape, Acquaintance Rape, Sexual Assault, Domestic Violence, Dating Violence and Stalking: AN ONGOING CAMPAIGN OF PREVENTION

7. OCR DCL & 2014 Q&A GUIDANCE  Title IX Substantive Requirements  Title IX Procedural/Process Requirements  Prevention: Education and Training  Protective Measures (including interim ones)  Remediation: To survivors and to College community at large  Enforcement: OCR, Clery, Private suits

8. OBLIGATION TO RESPOND PROMPTLY TO SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE, ETC.  Prompt & fair investigations by qualified persons of reports of sexual harassment/sexual violence, domestic violence, dating violence & stalking  How to identify sexual harassment/ sexual violence, domestic violence, dating violence, stalking: DEFINITIONS  Reporting obligations under Title IX  How, when and to whom to report

9. SEXUAL HARASSMENT DEFINED – ANY UNWELCOME CONDUCT OF A SEXUAL NATURE ANY UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER UNWELCOME VERBAL, VISUAL, OR PHYSICAL CONDUCT OF A SEXUAL NATURE

10. Traditionally, Two General Categories of Unlawful Harassment  Quid Pro Quo: Harassment resulting in a tangible employment or educational action  Hostile Environment: No tangible employment or academic benefit/detriment needed. (NOTE: hostile environment harassment does not have to be sexual in nature. It can be harassment based upon membership in any protected category.)

11. Faculty and Administrators must never base any employment or academic decisions on the existence or rejection of a sexual or romantic relationship. Power Differential: Abuse of Power in Quid Pro Quo Cases

12. Examples of Tangible Employment or Educational Actions  Termination from job  Expulsion from school  Grade in a course  Demotion or transfer  Cut in compensation or benefits (or denial of an increase)  Negative performance evaluation or reference for graduate school

13. EMPLOYEES SHOULD NOT:  Engage in a consensual romance with a subordinate or person over whom you have supervisory power  Engage in conduct that could contribute to a hostile or offensive environment  Base employment or academic decisions on the existence or rejection of a sexual or romantic relationship

14. HOSTILE ENVIRONMENT  No Tangible Employment or Academic Action Needed  Hostile Environment May be Found in Single Instance of Misconduct or in Persistent Behavior

15. Examples of Contributing Behavior (Sexual)  Sexual violence and sexual coercion  Unwelcome hugging, kissing, embracing, patting, pinching, or other types of offensive touching  Persistent unwelcome social invitations  Displaying sexually explicit pictures or other materials (e.g., via computer, smart phone, movies, etc.)  Making sexually suggestive comments or using vulgar/profane language of a sexual nature  Discussing your sex life with students or co-workers  Asking a student or co-worker questions about his/her sex life

16. Examples of Other Types of Harassing Behavior  Making sexist, racist, or other bigoted jokes  Using epithets or slurs related to race, ethnicity, or religion, gender, national origin, age, disability, etc.  Displaying graffiti or other written or graphic material that reflects hostility or is demeaning toward a person or group because of race, ethnicity, gender, national origin, age, disability, religion, etc.  Threatening, intimidating or hostile acts related to a protected characteristic

17. DATING VIOLENCE DEFINED  Committed by person who is or has been in romantic or intimate relationship with victim.  Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.  The type of violence need not be sexual in nature.

18. DOMESTIC VIOLENCE DEFINED  Includes felony or misdemeanor crimes of violence  Committed by current or former spouse, intimate partner of victim, a person with whom victim shares child in common, a person cohabitating with or who has cohabitated with victim as spouse or intimate partner, etc.

19. STALKING DEFINED  Course of conduct directed at specific person that would cause reasonable person to fear for his/her safety or safety of others; or suffer substantial emotional distress  Examples: repeated phone calls of threatening or harassing manner; repeatedly showing up at someone’s home or place of employment; vandalizing someone’s property; cyber stalking.

20. CONSENT DEFINED  Sexual activity requires consent  Positive, unambiguous and voluntary agreement  Cannot be inferred from absence of “no”; clear “yes” is required  Must be ongoing and can be revoked  Incapacitated person cannot give consent

21. Prohibited Conduct Can Be Committed By:  Men against women, women against men, & members of one sex against members of the same sex, & regardless of gender identity  Members of the same race, ethnicity, gender, religion (or other protected class)  Management employees, non-management employees, students and visitors (e.g., outside consultants, vendors, donors, alumni, etc.)

22. COLLEGE POLICY: PROCESS ╍ Confidential Resources for Victims/Survivors ╍ Responsible Employees: defined by OCR ╍ Role of Title IX Coordinator and Deputies ╍ Names and contact information are listed in College’s publications ╍ Prompt, reliable & impartial investigations ╍ Informal resolution process ╍ Formal complaint process

23. MANDATORY REPORTING AND “RESPONSIBLE EMPLOYEES”  Who is Considered a “Responsible Employee”?  Everyone except those with a confidentiality privilege associated with their profession  College can also exclude from mandatory reporting on-campus sexual assault crisis/advocacy resource centers, if any  Confidentiality Option for Student Victims  Reporting to Title IX Coordinator  Role of Title IX Coordinator in Determining Whether Confidentiality Request Can be Honored

24. WHAT HAPPENS WHEN REPORT IS MADE OF CONDUCT ALLEGEDLY IN IN VIOLATION OF THIS POLICY?  Prompt & impartial investigation, by qualified, trained personnel  Interim measures & referral to resources such as counseling, medical etc.  Informal Resolution Process: overseen by Title IX Coordinator or Deputy; designed to resolve complaints quickly & to mutual satisfaction of parties, including the College

25.  FORMAL COMPLAINT PROCESS: General Principles & Procedures for Formal Processes are Outlined in the College’s Policy/Handbooks  If violation is found to have occurred, PROMPT CORRECTIVE, PROTECTIVE & REMEDIAL ACTIONS to be taken  CRITICAL ROLE OF TITLE IX COORDINATOR in THIS PROCESS

26. INTERIM MEASURES  “No contact” orders  Making alternative arrangements regarding housing, dining, extra curricular activities, transportation, student employment, etc.  Making alternative academic arrangements

27. NO RETALIATION WILL OCCUR: Retaliation is regarded as a very serious violation of College policy and should be reported immediately. Retaliation by anyone against a complaining party or against anyone assisting in or cooperating with an investigation would be grounds for immediate discipline, up to and including dismissal.

28. Responsibilities Of All Individuals Regarding Unlawful Harassment:  Read and understand the College’s policies against discriminatory and sexual harassment  Abide by the policies  Ask questions if you do not understand  Be proactive with respect to prevention  Speak up!

29. Responsibilities Of All Individuals Regarding Unlawful Harassment: (cont’d)  TREAT EVERYONE WITH RESPECT AND PROFESSIONALISM  WATCH WHAT YOU SAY AND DO  Avoid compromising situations  Refrain from conduct which is, or reasonably may be, offensive or abusive to another

30. BYSTANDER INTERVENTION  Means safe and positive options that may be carried out by individual(s) to prevent harm or intervene where there is risk of sexual assault, dating violence, domestic violence or stalking

31. BYSTANDER INTERVENTION  Includes recognizing situations of potential harm, understanding cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene

32. WHEN YOU RECEIVE A COMPLAINT OR HAVE REASON TO BELIEVE THAT SEXUAL MISCONDUCT HAS OCCURRED:  Inform Victim (if a student) of Confidentiality Options  Assure Victim that his/her concerns will be investigated promptly and fairly  Contact the Title IX Coordinator, a Deputy Title IX Coordinator, or other appropriate person without delay  Be mindful of traumatic impact of sexual violence; refer to support services

33. OTHER AVAILABLE ACTIONS AND RESOURCES FOR VICTIMS  Counseling, medical services, & victim’s advocacy resources also available  CONTACTING LAW ENFORCEMENT: certain forms of misconduct would also be a violation of criminal law  Victim has option of FILING A CRIMINAL COMPLAINT

34. OTHER AVAILABLE ACTIONS AND RESOURCES (cont’d)  Criminal complaint may be lodged with New Wilmington police department  No obligation for victim to lodge a criminal complaint  If incident caused physical injury, victim should SEEK MEDICAL ATTENTION immediately  Victim should also PRESERVE ANY EVIDENCE of the incident and injuries as the evidence may assist with investigation and/or serve as proof of a crime

35. EFFECTS ON VICTIMS/SURVIVORS COULD INCLUDE:  Post-Traumatic Stress Disorder  Depression & Other Psychological Harm  Shock & Disassociation  Anger  Distrust & Feeling Unsafe  Self-Blame and Humiliation  Physical Effects

36. PENNSYLVANIA ACT 153  Background Checks/Clearances:  Pennsylvania state police report  Pennsylvania child abuse registry  Federal crime report (FBI)  Mandatory Reporting of Child Abuse  What, where and when to report  Definition of Child Abuse