Student Disclosure of Sexual Misconduct
NEW FACULTY ORIENTATION
AUGUST 18, 2015





Title IX of the Education Amendments of 1972
37 Powerful Words….
“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.”

Title IX of the Education Amendments of 1972
…with broad scope…
Title IX prohibits sex discrimination in education programs and activities such as:






Admissions or financial aid
Housing and facilities
Courses, academic research and other educational activities
Career guidance, counseling or other educational support services
Athletics
Employment, training for employment or advancement in employment

Title IX of the Education Amendments of 1972
…and responsibilities.
The protections of Title IX apply to the “Big
Four”:

Sexual harassment (including sexual assault)
 Stalking
 Dating Violence
 Domestic Violence

5 General Title IX Themes
1.
2.
3.
4.
5.
College must take prompt steps to end the harassment, prevent recurrence, and address its effects;
College must protect the complainant and take interim steps (i.e. accused student removal);
College must ensure that the grievance procedure includes a way to file complaints of sex/gender based discrimination;
Use the preponderance of evidence standard to resolve complaints (more likely than not);
Simultaneously notify both parties of all matters related to the complaint.

The Nuts and Bolts

Title IX is not about geography: focus is on WHAT happened, not WHERE.

Assessing the continuance of the conduct and our duty to respond;

Office of Civil Rights reporting requirements of faculty = “Responsible
Employees”

What is a Responsible Employee required to do?
If you know (or reasonably should have known) of an allegation of the Big 4 you are required to report the incident to the Title IX Coordinator within 24 hours.

What does a Responsible Employee report?



Identifying information including names and locations
ANY Big 4 incidents: not just student on student
Faculty with licenses granting confidentiality: you are required to report this same information

Privacy v. Confidentiality
 Privacy:

Assure the student that you will keep the matter private and only share it with those who you are obligated to (Title IX
Coordinator).

Need to know only: Title IX Coordinator and investigators.
 Confidentiality:


Student awareness of designated confidential structures
Remind students they have the option to instead report to a confidential resource

Designated Confidential Resources:
 On Campus:

A licensed counselor in the Counseling Center

A recognized clergy person acting in the role of a pastoral counselor.

Off Campus: healingSPACE Sexual Violence
Resource Center

24 hour free hotline


Accompaniments to medical and legal proceedings
Support groups for survivors

Making a Report
201-684-6666

What happens next?






Prompt, fair and impartial investigation
Invitation to participate in the investigation
Evidence collection, witness interviews, etc.
Report prepared using this evidence
Evidence evaluated using a preponderance of the evidence standard
Simultaneous notice of outcome

Counseling Center: what is provided?
1.
2.
3.
4.
5.
6.
Psychological counseling and medical services to support survivors
Crisis Intervention Services  the healing process
Medically stabilize a student
Free transport for emergency medical care
STI testing
Emergency contraceptives

What can you do?
1.
Consider Title IX language in your syllabus
2.
o o o o
Be familiar with the resources. See website for:
Medical treatment options
Support options
Reporting options
NJ Campus Victim’s Bill of Rights
3.
4.
Be familiar with the “Big Four” and know your responsibility to report.
Participate in annual training