Gender Equity and Title IX PDF

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OneNote https://usc-onenote.officeapps.live.com/o/onenoteframe.aspx?ui=en-U... Gender Equity and Title IX Wednesday, December 20, 2023 7:32 AM Sexual Misconduct and Intimate Partner Violence Affect Millions of Americans Sexual Misconduct (including Sexual Assault): All sexual activity must be based on Affirmative Consent. Engaging in any sexual activity without first obtaining affirmative consent to the specific activity is sexual misconduct (including sexual assault) and is a violation of CSU policy, whether or not the conduct violates any civil or criminal law. Sexual Activity includes but is not limited to kissing, touching intimate body parts, fonding, intercourse, penetration, no matter how slight, of the vagina or anus with any part or object, and oral copulation of a sex organ by another person. Sexual misconduct is misconduct of a sexual nature that may include a broad range of sexual behaviors that are unwelcome. For the purposes of this presentation, we will use the term sexual misconduct, which should be understood to mean sexual assault. Persons of all genders, gender identities, gender expressions, and sexual orientations can be victims/survivors of sexual misconduct. Sexual Exploitation means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person's consent, including, but not limited to, any of the following acts: The prostituting of another person The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor of services, through force, fraud or coercion The recording of images, including video or photograph, or audio of another person's sexual activity or intimate parts without that person's consent The distribution of images, including video or photographs, or audio of another person's sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure. The viewing of another person's sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person's consent for the purpose of arousing or gratifying sexual desire Dating Violence is physical violence or threat of physical violence committed by a person who is or has been in a social or dating relationship or intimate nature with the complainant. The existence of such relationship will be determined based on consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Domestic Violence means physical violence or threat of physical violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the complainant. Physical Violence means physical conduct that intentionally or recklessly threatens the health and safety of the recipient of the behavior, including assault. Stalking means engaging in a course of conduct directed at a specific person that would cause reasonable person to fear for the safety of themself or other's safety or to suffer substantial emotional distress. Title IX prohibits sexual harassment and sexual misconduct. Title IX applies to all public and private educational institutions that receive federal funds Almost all private colleges and universities receive federal funding through federal financial aid programs used by their students. Title IX states that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. Title IX protects any person in the United States participating in an education program or activity from sex-based discrimination, harassment, or violence. Summary: As we begin, remember that everyone on you campus, including students, faculty, and staff is protected from sexual discrimination, sexual harassment, sexual exploitation, stalking, retaliation, dating and domestic violence, sexual misconduct (including sexual assault). This course will you recognize when to intervene and when to report. One of the ways to prevent and end misconduct like sexual misconduct (including sexual assault), sexual exploitation, dating and domestic violence, and stalking is by building healthy relationships based on mutual respect and trust. What is affirmative consent? Affirmative consent is when someone freely agrees to participate in sexual activity with someone else. It is agreeing to any step in a sexual encounter (from kissing to intercourse). Sex without affirmative consent sometimes amounts to rape. Affirmative consent must be mutual. Each partner must agree to be involved in the sexual activity. Affirmative consent can be withdrawn at any time, even if someone has said yes up to that point. Each partner has the right to withdraw consent at any time. Affirmative consent is never automatic. Consenting in the past doesn't equal consent now or in the future. Affirmative consent to one act (like kissing) doesn't equal consent to an additional act. Affirmative consent to engage in sexual activity with one person doesn't imply consent to engage in sexual activity with another. Sometimes, affirmative consent cannot be given, because someone cannot make clear decisions or understand what they are consenting to. This includes situations where a person is incapacitated, high, passed out, or sleeping. Someone who is being coerced into sex cannot give affirmative consent. The absence of "no" doesn't mean "yes." If there is no affirmative consent, that means stop. Your state has a definition and your institution has a policy defining affirmative consent. Not every person who experiences sexual misconduct, dating or domestic violence, stalking, or sexual exploitation will show obvious signs. Signs of sexual misconduct, sexual exploitation, stalking, and dating or domestic violence include: non-visible and visible injuries, changes in clothing, appearance, emotional cues, anger, absenteeism, engagement in risky behaviors, declining work performance, suspicious phone calls, cyber stalking, sexual exploitation, and worrisome physical and psychological symptoms. Non-visible injuries: Some injuries may be nonvisible. Be alert for indications of pain. Visible Injuries: Watch for bruises, cuts, scratches, sprains, or broken bones Changes in Clothing and Appearance: Wearing extra clothing or clothing that seems out of place for the season can be a way to hide injuries. Be on the lookout for a significant change in outward appearance, clothing, or lack of interest (or excessive interest) in how they look Worrisome Emotional Cues: Signs include crying after personal calls or heightened fear, anxiety, worry or hyper vigilance. Also watch for fear or anxiety about getting home late. Some people may manifest intense reactions to other people or their environment. Risky Behaviors: Warning signs can include a change in behaviors such as smoking, drinking, substance abuse, gambling, or changes in sexual behavior. Another cue that something is out of place is a change in appetite or significant weight loss or gain. Anger: You may notice outbursts of anger, lethargy, withdrawal, anger-turned inward such as depression, isolation, or seeming distant. Loss of memory can be another warning sign. Declining Work Performance: Does the employee have trouble concentrating and seem to isolate themselves more than usual? Do they show decreased interest in working on projects or completing tasks? Suspicious Phone Calls: Warning signs include repetitive or harassing phone calls. You may also notice frequent visits by their partner Absenteeism: Signs that something is amiss may include arriving late or leaving early, increased absences or illnesses, and unexplained absences during the day Cyber Stalking: Students and employees can experience cyber stalking. Partners may use smartphones to track movements or chat. Electronic communications can also be used to harass victims. Worrisome Physical Symptoms: You may notice visible signs of abuse, such as bruises or black eyes. A person may also engage in self-harming behaviors like cutting. Sexual Exploitation: (Here's an example): An example of sexual exploitation could be where a current or former partner distributes images of their partner or ex-partners sexual activity or intimate parts without that person's consent. Psychological Symptoms: You may notice signs of depression, persistent sadness, withdrawal from normal activities like attending class or hanging out with friends, and lack of energy. They may also have low self-esteem, thoughts of suicide, or manifest suicidal behaviors. Failing grades or withdrawing from classes can also be a warning sign. Dating and domestic violence may include: physical abuse, sexual abuse, and threats of violence Physical Abuse can entail slapping, kicking, hitting, shoving, and forced alcohol or drug use. Sexual Abuse is defined as any sexual conduct without consent, including rape. Threats of Physical Violence is defined as physical conduct that intentionally or recklessly 1 of 5 10/22/24, 3:20 AM OneNote https://usc-onenote.officeapps.live.com/o/onenoteframe.aspx?ui=en-U... threatens the health and safety of the recipient of the behavior, including assault. While they may not be violations covered by CSU policy, the following forms of conduct may also be present in a situation involving dating or domestic violence. This information comes from the U.S. Department of Justice and loveisrespect.org Emotional Abuse of victims often entails undermining self-worth/esteem, name-calling, humiliation, constant-criticism, or harming relationships with children Economic Abuse of victims often entails attempts to make the victim financially dependent, controlling or withholding money, damaging the victim's credit, or forbidding the victim from attending his/her school or job. Similarly while they may not be violations covered by CSU policy, these behaviors may also be part of dating or domestic abuse. Checking cell phone or email without permission Constantly putting the other person down Extreme jealousy or insecurity Explosive temper, mood swings, possessiveness Making false accusations Telling the other person what to do Isolating the other person from family or friends Some examples of behavior that could constitute stalking This information comes from the Stalking Resource Center Follow someone and show up wherever they are Send unwanted gifts, letters, cards, or e-mails Damage someone's home, car, or other property Monitor phone calls or computer use Use technology like GPS to track someone Threaten to hurt someone, their family, friends, or pets Find out about someone by using public records, or online search services, hiring investigators, going through garbage, or contacting acquaintances Post information or spread rumors on the internet, in a public place, or by word of mouth Take other actions that control, track, or frighten All About Sexual Assault (Including Sexual Misconduct) There are many myths surrounding sexual misconduct. As a result, it's helpful to understand some common facts including but not limited to: The majority of individuals who experience sexual misconduct knew the perpetrator, either as an acquaintance or an intimate partner. Alcohol and drugs can be used by a perpetrator to facilitate sexual assault, but they don't cause sexual assault. It's important to remember that a person's decision to consume drugs or alcohol never makes them at fault if they experience sexual assault. According to the Rape, Assault & Incest National Network (RAINN) there are two main ways that alcohol or drug-facilitate sexual assault can occur: 1. When a person takes advantage of someone's voluntary use of drugs or alcohol. 2. When a person forces someone to consume alcohol or drugs without their knowledge. Alcohol and drugs can be used to increase a person's vulnerability because they lower inhibitions, reduce a person's ability to resist, and can prevent them from remembering details of the assault. According to RAINN, only 310 out of every 1000 sexual assaults are reported to police, meaning that 2 out of 3 go unreported, there are many barriers to reporting that include but are not limited , feelings of shame and guilt, concerns about others finding out, fear of not being believed, uncertainty about the process, being unclear that what happened was sexual assault, concerns about consequences for the perpetrator, concern about underage drinking or use of illegal drugs that occurred around the time of the assault, concerns about an issue such as immigration status, and lack of trust in response systems. Sexual violence affects every demographic and every community. There are concerns and factors that are unique to the experience of various survivors that often complicate help-seeking and reporting. According to the Centers for Disease Control and Prevention (CDC), people who identify as lesbian, gay, and bisexual experience sexual violence at similar or higher rates than heterosexual people. According to RAINN, TGQN (transgender, genderqueer, and nonconforming individuals are at higher risk of experiencing sexual violence than those who are non-TGQN. According to statistics from RAINN, 9 out of every 10 victims of rape are female. Women ages 18-24 are at an elevated risk of experiencing sexual violence. Men and boys are also affected by sexual violence. Research from the CDC shows nearly 1 in 4 men have experienced sexual violence involving physical contact in their lifetime. Although the data is limited, many women of color appear to be at greatest risk for sexual violence. A nationally representative survey indicates that almost 19% of African American women, 24% of mixed race women, and 34% of American Indian and Alaska Native women will be raped during their lifetime. Most sexual assault done against African American women goes unreported. For every African America woman that reports rape, at least 15 African American women don't report (Bureau of Justice Statistics, U.S. Department of Justice). Bystander intervention is where a person who isn't directly involved steps in to lend a hand. This may be as simple as giving someone a ride home or creating a distraction to help diffuse an incident. Why do people choose not to get involved? They think the situation isn't any of their business They fear for their own safety They assume they don't need to step in because someone else will help This scenario is called the "bystander effect" You don't have to be a hero or confront someone directly to be effective. You can participate in a way that fits your comfort level For most, this means choosing a strategy that is least likely to escalate the situation. Reporting and Responding to Sexual Misconduct, Sexual Exploitation, Stalking, and Dating and Domestic Violence: If someone confides in you about an incident of sexual harassment, sexual misconduct (including sexual assault), sexual exploitation, stalking, and dating or domestic violence, your response may determine whether that person can find help and support. In this section, we'll examine how to effectively respond to and report disclosures of these forms of misconduct. Before we begin, let's stress one point: If someone is injured or in immediate danger, call 911 or local law enforcement. Their safety is the first priority. It's not unusual for students to confide in an instructor or an advisor. While it may seem counterintuitive, it's less likely they will report directly to a campus disciplinary authority. If a student or employee does confide in you, it's important to realize they trust you enough to make this decision. Your response may have an enormous impact on their decision to seek further help and on their recovery. While it may seem illogical to try to understand the situation by building a linear narrative, this may in fact inhibit the student or employee from continuing. If you receive a disclosure that an incident of sexual misconduct (including sexual assault) has taken place, and there is no imminent danger to the student or employee, there are several guidelines to keep in mind. The following roadmap should help you navigate each phase of the reporting process. Here's the steps in the reporting process 1. Know Your Role 2. Listen empathetically without judging 3. Communicate your responsibilities and their rights 4. Share avenues for help 5. Guidelines for reporting CSU policy specifies that all employees, with limited exceptions, who learn about possible sexual harassment, sexual misconduct (including sexual assault), sexual exploitation, stalking, and dating or domestic violence must report it to the campus Title IX Coordinator so that the institution can respond quickly and appropriately. These employees are known as Responsible Employees and are required to disclose all information available, including the names of the parties involved, even where the person has requested anonymity. If you have a question about whether you have a duty to report, contact your Title IX Coordinator. If a student or employee begins to make a disclosure about an incident of sexual misconduct, it's important to make sure that they understand a few things before continuing. The person making the disclosure can request confidentiality. While the institution will consider any requestion, you cannot guarantee confidentiality. You will be obligated to report the incident to the Title IX coordinator. This report will include any information you learn, including the names of anyone involved, as well as any details about the incident. If a person who comes up to you wants to maintain confidentiality, they have the option to instead share the information with someone who is not obligated to report to the Title IX Coordinator. People who are not obligated to report to the Title IX coordinator include psychotherapists, professional licensed counselors, religious counselors and sexual assault and domestic violence counselors, and advocates who work or volunteer on or off campus in sexual assault centers. If the disclosing person chooses confidentiality or decides not to report, they need to understand 2 of 5 10/22/24, 3:20 AM OneNote https://usc-onenote.officeapps.live.com/o/onenoteframe.aspx?ui=en-U... that you will still need to report anything you've learned up to this point. The disclosing person has the right to file a Title IX complaint with the institution, and to report a crime to campus or the local police. The Title IX coordinator will discuss available supportive measures with the disclosing person. The disclosing person should be notified of the right to have supportive measures and don't have to make a formal complaint to receive supportive measures. Regardless of your responsibilities to report, only the victim can decide if he or she wants to participate in the criminal justice or the campus judicial process. The victim has the right to speak to someone confidentially, or if they choose, to make an official report to the institution. The victim has a right to report an incident to law enforcement but also has the right not to report. Under no circumstances should you pressure the student to continue if he or she is not ready to do so. Listen Empathetically without Judging: Trauma can have varying effects on individuals who experience harm, including the way they process, store, and recall facts and information. Some people may suffer from depression, post-traumatic stress disorder, or even flashbacks of the incident. It's not unusual for them to seem distant, confused, or detached from reality. They may engage in behavior that appears to be an inappropriate response to the circumstance, or speak or act in ways that don't seem logical. By understanding the effects trauma can have on a person, you can eliminate preconceptions or misconceptions about how the victim or survivor "should" behave. Events that are traumatic for one person may not be for another, and each person may react differently. Here are the range of reactions an individual may portray after a traumatic experience 1. A "fight, flight, or freeze" response at the time of the incident 2. A feeling of disassociation, often described as an "out of body" experience while they are experiencing the trauma 3. Inability to move, fight back, or call out (also known as "tonic immobility" during or following the traumatic event 4. A change in the way memories are stored that may result in nonlinear memories with heightened sensory experiences. When someone confides in you, it's important not to judge their actions or reactions and to respond in a way that will help that person begin the road to recovery. Sharing Avenues for Help: As we mentioned at the beginning of this section, if someone is injured or in immediate danger, call 911 or the police. In addition to law enforcement, there are other confidential resources for help in which you can share. These confidential resources include advocacy, medical assistance, and counseling. Advocacy: How can advocacy help? A confidential advocate can help in several different ways, such as providing a hospital escort, discussing campus options, creating a safety plan, or answering any other questions or concerns. In addition, they can assist the student in connecting with the Title IX coordinator who can facilitate supportive measures from the institution, such as altering academic schedules and housing arrangements. When suggesting any of these avenues, ask how you can help. Offer to accompany them to seek medical attention or counseling. Your institution can point you to many avenues for help, including on-campus, local, state, and national resources. As you've learned, federal and state law guide how your institution responds to sexual and dating or domestic violence. In this section, we'll examine the best practices required for addressing cases of sexual misconduct (including sexual assault) and dating or domestic violence. Some of these procedures may vary at your institution. Your institution is committed to providing a safe educational, working, and residential environment for everyone on campus. Your school's prevention efforts, sexual misconduct policy, and related procedures confirm this commitment. The policy applies to all faculty, staff, and students, as well as any third parties such as visitors or vendors. Select the following four benefits of having a policy in place. Establishes the rules: Identifies prohibited conduct. If someone engages in such conduct, the institution will take steps to determine responsibility. If found responsible, the school will impose appropriate disciplinary action (also called sanctions). Protects the campus: Provides the institution with the means to protect its community from anyone who presents a danger to others Protects Individuals: Details the procedures that the institution will follow when any member of the community is (or believes to be) the victim of sexual exploitation, stalking, sexual misconduct (including sexual assault), and dating or domestic violence Provides resources: Offers information about medical, psychological and other state and local resources available to victims of these offenses Grievance Procedures: Each institution has procedures for complaints for sexual misconduct (including sexual assault). CSU's policy and procedures govern all complaints of discrimination, harassment, and retaliation based on sex (and other protected status claims). As we discussed in the previous section of the course reports are made to the campus Title IX coordinator. They will respond to any report of the alleged misconduct and to ensure that any adverse behavior is stopped and does not recur. While sexual misconduct (including sexual assault) and dating and domestic violence is against the law, such cases may also be handled under university policy. Examples of Evidence in a Sexual Assault Investigation Local or campus police reports Security videos Photos or messages from cell phones Social media postings These are a just a few of many types of evidence we can gather. Once we have completed interviewing and gathering evidence, we record this information in a report. The report then goes to the parties for an opportunity to respond and provide any additional information. Depending on the circumstances of the case and therefore which procedure must be followed, it's expected to have a subsequent investigative report that is issued in which documents the investigator's findings and conclusions. Alternatively, the case may go to a hearing, where the hearing officer will make the findings. The Title IX coordinator at your campus will be able to explain which process applies in different cases. 3 of 5 10/22/24, 3:20 AM OneNote https://usc-onenote.officeapps.live.com/o/onenoteframe.aspx?ui=en-U... 4 of 5 10/22/24, 3:20 AM OneNote https://usc-onenote.officeapps.live.com/o/onenoteframe.aspx?ui=en-U... 5 of 5 10/22/24, 3:20 AM