Addressing Sexual Misconduct and
Other Crimes on Campus:
TITLE IX and Clery Requirements
EAST STROUDSBURG UNIVERSITY
Dr. Doreen M. Tobin
Title IX Coordinator
Ms. Patricia A. Kashner
Deputy Title IX Coordinator
Corporal Michael Flaherty
University Police
Federal Mandates Regarding
Campus Crime
Intersecting legislation and task force reports
Address sexual misconduct and other crimes
on college and university campuses
 Clery Act
 Campus SaVE Act (Clery Part II)
 Violence Against Women Act (VAWA)
 Not Alone: White House Report
 Title IX
 Act 104
What Is Title IX
 1972 Landmark civil rights protection
 Title IX is applicable to all campus
constituencies, though it is perceived to
primarily be a student issue
 Applies to males and females, including
gender non-conforming individuals
Title IX Focus: Sex-Based Misconduct
Provides protection from all forms of sexual misconduct
including: sex-based discrimination, harassment, or gender
violence at any educational institution receiving federal funding
 Sexual Misconduct:
All forms of harassment and violence that are sexual
in nature
 Sex-Based Harassment:
Stalking, voyeurism, exhibitionism, verbal or
physical abuse or threats thereof
 Sex-Based Violence:
Intimate partner or domestic partner violence, dating
violence, attempted or completed rape, and other
forms of sexual assault
Clery Reportable Crimes
These crimes need to be reported:
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Criminal homicide
Sex offenses (forcible & non-forcible)
Robbery
Aggravated assault
Burglary
Motor vehicle theft
Arson
Manslaughter
Hate Crimes
Domestic violence, dating violence, stalking
Arrests or persons referred to campus disciplinary action for
liquor law and drug related violations& illegal weapons
possession
Definitions
Sex-Based Misconduct & Sex Discrimination
are defined as:
Any sex-based circumstances/events that
deny or limit an individual’s ability to
participate in or receive benefits, services,
or opportunities in the university’s
programs: academic programs, internships,
sports, housing, admissions, health services,
etc.
University Responsibilities Under
Title IX and Clery
 Policy and Process:
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Maintain and advertise University policies, resources & services
aimed at addressing any instances of sexual misconduct and other
campus crimes
Identify individuals who serve as ESU’s Responsible
Employees/CSAs
Publish & distribute an annual Campus Security Report by
October 1st of each year
Support & keep an up-to-date daily log of all reported crimes
Adopt and publish reporting and grievance procedures for the
timely resolution of complaints
Provide victims with on and off campus resources & services;
Take expedient action to assure victim/complainant can continue
education free of sex discrimination, sexual harassment or sexual
violence
University Responsibilities Under
Title IX and Clery
 Notification:
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Immediate notification to the campus community is required
for crimes that pose a serious and ongoing threat
Immediate notification is sent out through text message alert,
siren system activation or through notification on the ESU
homepage
The campus must be notified in a timely manner (usually
within 24 hours of a threatening incident)
‘Timely Warning’ notification may be given by voicemail,
email, information bulletins, newspaper announcements, etc.
These notifications are important as they make the campus
aware of incidents and may prevent someone else from being
harmed
University Responsibilities Under
Title IX and Clery
 Training:
Provide specific training for new and continuing students on what
constitutes sexual misconduct
o Train individuals identified as Responsible Employees/CSAs on sexual
misconduct, reportable crimes and campus reporting requirements
 Education:
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Programming
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Step Up Bystander Intervention
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Definitions Consent
 Resources:
o Circle of Six Circle of Six
o ESU VOICE Center (ESU Women’s Center, 411 Normal Street, 570.422.3957
o Women’s Resources of Monroe County Hotline 570.421.4200
o Shuttle Services, Safe Ride Program
o Accommodations
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Critical Definitions
 Responsible Employee per the OCR
Any person who has the authority to take action to redress sexual
harassment/misconduct; who has been given the duty of reporting
incidents of sexual harassment/misconduct by student to the Title IX
coordinator, or who a student reasonably believes has this authority or
duty
 CSA (Campus Security Authority)
Any official with significant responsibility for student and campus
activities
What it Means to be a
Responsible Employee/CSA
 If someone tells you about a crime or an incident that might be a crime,
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record the information and submit a report
Simply get the facts - experts will do the analysis
To make a report, complete the ESU Title IX Report Form and forward it
to the Title IX Coordinator, or complete the ESU Clery Incident
Report Form and forward it to University Police
When in doubt, report it
Questions? Contact:
Title IX Coordinator, 570-422-3463
or
University Police CSA Coordinator, 570-422-3473
Faculty Responsibility
Faculty must include information on syllabi.
East Stroudsburg University and its faculty are committed to assuring
a safe and productive educational environment for all students. In
order to meet this commitment and to comply with Title IX of the
Education Amendments of 1972 and guidance from the Office for Civil
Rights, the University requires faculty members to report incidents of
sexual violence shared by students to the University’s Title IX
Coordinator. The only exceptions to the faculty member’s reporting
obligation are when incidents of sexual violence are communicated by
a student during a classroom discussion, in a writing assignment for a
class, or as part of a University--approved research project. Faculty
members are obligated to report sexual violence or any other abuse of
a student who was, or is, a child (a person under 18 years of age) when
the abuse allegedly occurred to the person designated in the University
protection of minors policy. Information regarding the reporting of
sexual violence and the resources that are available to victims of sexual
violence is set forth at:
Title IX: Sexual Harassment and Sexual Violence http://www4.esu.edu/titleix/
When Crimes Need to be Reported
Report the crime whenever a victim or witness
calls it to your attention.
Be sure to document:
• When the crime or incident occurred
• When it was reported to you
Clery requires that the crime be counted for the
calendar year in which it is reported.
Report All Crimes
Even if They Did Not Occur at ESU
Any crime involving an ESU student while attending
a University sponsored event, function or in
conjunction with the educational process must be
reported, no matter the location of the incident.
Example 1:
A student is assaulted while attending a university
sponsored conference in another city.
Example 2:
A student is being sexually harassed during an
academic internship at a local business.
Just Get the Facts
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 Clery and Title IX Coordinators will categorize the
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report; your job is to get the information the person is
willing to tell you. Remember:
You are not a detective.
You don’t have to prove what happened or
who was at fault.
You are not supposed to find the perpetrator.
Clery: Use the report form provided by ESU. The identity
of a victim is confidential, not required, and should not
be included in your CSA report.
Title IX: The victim must be identified, however, the
victim can request anonymity from the Title IX
Coordinator.
ESU Reporting, Resources & Services Options
 Reporting options
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University Police
Title IX and deputy Title IX Coordinators
Student Conduct Services
Human Resources
 On Campus Resources
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University Health Services
Counseling and Psychological Services
Women’s Center and GLTBQA Center
 On Campus Services
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Academic, Housing, Employment and Transportation Adjustments
Assistance with investigations, complaint and hearing options,
protection from abuse orders, and filing criminal complaints
Crime Reporting
 Contact University
Police
for non-emergencies
(570) 422-3064;
911 for emergencies
 Title IX:
http://www4.esu.edu/titleix/index.cfm
 Clery:
http://www4.esu.edu/about/offices/police/index.cfm
Web Links
Visit our websites for further information
Title IX: http://www4.esu.edu/titleix/index.cfm
Clery: http://www4.esu.edu/about/offices/police/index.cfm
Til It Happens to You
Til It Happens to You
https://www.youtube.com/watch?v=ZmWBrN7QV6Y
Questions