AWARENESS AND PREVENTION
REGARDING DISCRIMINATORY
HARASSMENT, SEXUAL HARASSMENT
AND SEXUAL VIOLENCE, etc.
Westminster College
April 27, 2015
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.
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
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
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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
VIOLENCE AGAINST WOMEN ACT
 Sexual Assault
 Dating Violence
 Domestic Violence
 Stalking
 Government emphasis on student-onstudent conduct
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
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
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
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
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.)
Power Differential: Abuse of Power in
Quid Pro Quo Cases
Faculty and Administrators must
never base any employment or
academic decisions on the existence
or rejection of a sexual or romantic
relationship.
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
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
HOSTILE ENVIRONMENT
 No Tangible Employment or Academic Action
Needed
 Hostile Environment May be Found in Single
Instance of Misconduct or in Persistent
Behavior
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
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
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.
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.
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.
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
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.)
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
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
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
 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
INTERIM MEASURES
 “No contact” orders
 Making alternative arrangements regarding
housing, dining, extra curricular activities,
transportation, student employment, etc.
 Making alternative academic arrangements
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.
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!
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
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
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
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
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
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
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
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