Title IX Training PDF

TITLE IX TRAINING Enterprise State Community College  WHAT IS TITLE IX? Title IX of the Education Amendments of 1972 is a Federal law that prohibits discrimination based on sex in educational programs and activities that receive Federal financial assistance. ...

TITLE IX TRAINING Enterprise State Community College  WHAT IS TITLE IX? Title IX of the Education Amendments of 1972 is a Federal law that prohibits discrimination based on sex in educational programs and activities that receive Federal financial assistance.  SEX DISCRIMINATION Sex discrimination includes all forms of sexual harassment, including verbal sexual harassment and sexual violence. It also includes: Unequal pay based on gender Discrimination on the basis of pregnancy or parental status Unequal distribution of athletic funds Unequal admissions policies or practices Unequal access to/receipt of financial aid  SEXUAL HARASSMENT Sexual harassment is unwelcome conduct of a sexual nature. It includes: Requests for sexual favors Unwelcome advances Sexist comments Comments about someone’s body, sexual activity or sexual attractiveness Sexually suggestive touching, leering, gestures, sounds, comments, or displays of sexually suggestive objects  TYPES OF SEXUAL HARASSMENT QUID PRO QUO Harassment – A This for A That Quid pro quo harassment involves an uneven power relationship. In this situation, the harasser promises a reward or threatens an employee or student with adverse action in return for a sexually oriented favor. Victim is subjected to UNWELCOME sexual conduct. (Minors do not have the legal capacity to consent. If a minor suggests that any sexual conduct is welcome, legally, it is UNWELCOME and you can be liable for criminal, civil and disciplinary penalties.) Even if the victim does not tell you to stop the conduct, it does not necessarily mean that the conduct is welcome. Behavior must either result in an actual employment or school decision (e.g., hiring, firing, demotion, promotion, work assignment, vacation, benefits, evaluation, whether or not to send someone to training, compensation, grade, award or penalty).  EXAMPLES OF SEXUAL HARASSMENT Unwanted touching Blocking or impeding passage Hugging, kissing, grabbing, groping, massaging, etc. Sexually-oriented remarks, derogatory comments, innuendo or banter Obscene or offensive sexually-oriented jokes Obscene or offensive sexual gestures, signs, tongue movements, etc. Sexually-oriented materials Crude pictures, photos, pinups Obscene or offensive sexual cartoons, pornography, email, etc. Repeated unwanted gifts or social invitations or stalking Discussing sexual activities Nudity and/or variations of it  EXAMPLE SEXUAL HARASSMENT SCENARIOS 1. An employee asks another employee out on a date. After being rejected, the employee continues to ask the other employee out on more dates and tries to engage in personal conversations. 2. A group of students frequently call another student names and refer to her private parts. 3. An employee develops a friendship with a student. The employee takes the student to a shopping mall after school and frequently calls the student at home and suggests that they go places together. 4. An employee has the habit of massaging the neck or shoulders of other employees or students while talking to them.  MORE SCENARIOS OF SEXUAL HARASSMENT 5. Thinking that no one can overhear them, two employees talk about another employee or student and the way he or she looks and/or make sexually suggestive comments about his or her body. Other employees or students actually overhear them at work. 6. An employee makes sexually suggestive remarks to a group of students. 7. A supervisor suggests that an employee’s evaluation or assignment will be affected if the employee does not go on a date with the supervisor or engage in a relationship with the supervisor. 8. A teacher suggests to a student that he will make an “A” in the class if he spends time alone with her after school. 9. A student suggests favors to instructor to get an “A” in the class.  HOSTILE ENVIRONMENT A hostile environment exists when the conduct is sufficiently serious (severe & pervasive) that it interferes with or limits a student’s ability to participate in or benefit from the school’s program.  SEXUAL VIOLENCE OCR defines sexual violence as “an extreme form of sexual harassment.” It includes physical sexual acts perpetrated without consent. Examples are: Rape Sexual assault Sexual coercion Sexual contact with a person who is unable to consent due to incapacity or impairment GENDER-BASED HARASSMENT & SEXUAL ORIENTATION Title IX does not prohibit discrimination on the basis of sexual orientation, BUT: LGBTQ students are protected from sexual harassment and sexual violence the same as all other students. Title IX prohibits gender-based harassment, which is harassment based on sex, sex-stereotyping, gender identity and gender-nonconformity. Discrimination and harassment based on sexual orientation are prohibited by state law and university policy.  RELATIONSHIP VIOLENCE Relationship violence refers to any act of physical, sexual, and/or psychological harm against an individual by a current or former intimate or romantic partner, or by a person with whom the victim shares a child in common. Intimate or romantic partners may be dating, cohabitating, married, separate or divorced, and may be of the same or different sex. Dating violence and domestic violence are both considered “relationship violence.”  SEXUAL ASSAULT Sexual assault or non-consensual sexual contact refers to any one or more of the following acts: Touching of an unwilling or non-consenting person’s intimate parts (such as genitalia, groin, breast, buttocks, or mouth under or over a person’s clothes). Touching an unwilling person or non-consenting person with one’s own intimate parts. Forcing an unwilling person to touch another’s intimate parts. Penetrating an unwilling person orally, anally, or vaginally with any object or body part. This includes, but is not limited to, penetration of a bodily opening without consent, through the use of coercion, or through exploitation of another’s inability to give consent. Penetrating an unwilling person orally, anally, or vaginally with any object or body part by use of force, threat, and/or intimidation.  STALKING Stalking refers to any course of conduct directed at a specific person that would cause a reasonable person to be fearful of serious harm or danger to themselves or to individuals close to them. Examples of stalking include: non-consensual communication and physical contact following or pursuing the other person waiting or showing up at locations visited by the other person spying on a person trespassing or vandalism gathering of information about a person from others or manipulating and controlling behaviors such as threats to harm oneself or threats to harm someone close to the victim.  SEXUAL EX PLOITATION Sexual exploitation refers to non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage, or any other non-legitimate purpose. Examples of sexual exploitation include, but are not limited to: observing another individual’s nudity or sexual activity or allowing another to observe nudity or sexual activity without the knowledge and consent of all participants; non-consensual streaming of images, photography, video or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all participants; exposing one’s genitals in non-consensual circumstances; or inducing incapacitation for the purpose of making another person vulnerable to non- consensual sexual activity.  TITLE IX REQUIREMENTS IN SCHOOL If a school knows or reasonably should have known about sexual harassment, the school must take immediate action to: eliminate the harassment prevent its occurrence address its effects If the complaint isn’t settled and addressed, schools must also: Appoint a Title IX Coordinator Have published “prompt and equitable” grievance procedures. “Prompt and equitable” includes: ▪ Notice of procedures and where to file complaint ▪ “Adequate, reliable and impartial investigation” ▪ Opportunity to present witnesses and evidence ▪ Reasonable and prompt timeframes (60 days) ▪ Notice of outcome Provide remedies and resources to complainants/victims Provide training for members of its community If someone believes that a school has not met these obligations, they can file a complaint with OCR.  SCOPE OF TITLE IX Protects students and employees in connection with all the academic, educational, extracurricular, athletic and other programs that occur: On-campus During off-campus activities that are school-related Schools must process all complaints of sexual violence, regardless of where the conduct occurred, to determine whether the conduct: occurred in the context of an education program or activity or had continuing effects on campus or in an off-campus education program or activity Even if there are no continuing effects of the off-campus sexual violence, the school still should handle these incidents as it would handle other off-campus incidents of misconduct or violence