SARA L. ZEIGLER, PH.D
DEAN, UNIVERSITY PROGRAMS
TITLE IX COORDINATOR
EASTERN KENTUCKY UNIVERSITY

Agenda
• Why Title IX is Making the News
• What to Do when a Student Confides in You (Reporting Obligations)
• How to Handle Sensitive Material in Class
• How Title IX Affects Your Attendance Policies
• Where to Go for Help or Advice

What is Title IX?
• 1972 Amendment to the Civil Rights Act of 1964
• Prohibits discrimination on the basis of sex or gender
• Prohibits discrimination on the basis of non-conformity to gendered stereotypes
• Prohibits sexual harassment of any variety, in any combination
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Who Enforces It?
• At EKU– Title IX Coordinator and her many co-conspirators
• Investigations – Office of Equity and Inclusion
• At the federal level – Office for Civil Rights of the Department of
Education (OCR)
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Why is there so much attention focused on universities?
• 20-25% of women experience some form of sexual assault (attempted or otherwise) during college.
• Approximately 6% of men experience sexual assault (attempted or otherwise) during college.
• Institutions have handled it badly (Montana, Oregon).
Source: OCR Training, 11/6/2014
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Is Title IX primarily designed to address sexual assault?
• Title IX prohibits sex/gender discrimination that interferes with access to educational programs.
• “Educational Programs” is defined holistically – social events, housing, class activities, social media, tutoring services, athletics events, and more.
• It covers sexual harassment in all contexts, pregnancy/childbirth discrimination, and the classroom environment.
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What situations am I likely to encounter as a faculty member?
• Students or colleagues confiding experiences to you
• Students harassing other students
• Workplace incidents
• Unexpected reactions to classroom materials and discussions
• Absences due to pregnancy, childbirth, or other Title IX issues
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When students confide in you
• Common situations
• Reporting obligations
• Privacy, not confidentiality
• What do I say?
• What can I do to help?
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When you see or hear something
• Title IX covers employees as well as students.
• The Non-Discrimination and Harassment Policy/Regulation apply to all members of the community, as well as to third parties.
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How should I act, and what should I say?
It will help if you:
• Explain your reporting obligation
• Listen carefully
• Refer to appropriate offices
• Offer to make a call/walk person to the right office
• Reassure that almost any reaction is “normal”
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What to say and do, cont.
Avoid
• Judging the person
• Asking questions about details that s/he may find disturbing
• Demonizing the other party
• Telling the person how to behave or react
• Attempting to mediate a conflict
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Sensitive Materials in the
Classroom
What is “sensitive?”
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It Depends
• Sexually explicit
• Graphic
• Violent
• Has prompted reactions before
• Video vs. text
• Your judgment
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I need to teach about these topics. What do I do?
• Syllabus statements (see handout)
• Verbal reminders
• Instructions to students on what to do if there is a problem
• http://titleix.eku.edu/sites/titleix.eku.edu/files/files/memosenstivemat erials.pdf
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What about attendance policies?
• Attendance policies are good!
• Some will cause problems for you
• How to avoid problems
• Sample policies
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Don’t Do This!
Failure is mandatory for students who are absent from more than 10 percent of the regularly scheduled class meetings. There are no excused absences in this class – the instructor will not consider medical excuses, university activities, or family obligations as reasons to miss class.
Military deployments are governed by separate university policies.
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Try This!
Students may not miss more than 10% of the class sessions and should strive for perfect attendance. For the purposes of this course, "excused absences" include verifiable medical or family emergencies, university approved activities (accompanied by a university excuse), documentable illness (yours or your child's) and other unforeseen circumstances that the instructor deems to be reasonable excuses for an absence. Students should be prepared to document the reasons for the absence.
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Or This!
Attendance at all class meetings is required. If you attend all class meetings, you will receive a bonus of 2% added on to your final grade.
You are allowed to miss one class meeting (excluding the presentation classes) and still get your 2% if you have a legitimate (documented)
excuse. If you miss more than one (or even one without a legitimate excuse) but three or fewer class meetings, you will get 1% added on. If you miss four or five, you get zero bonus points. If you miss more than five, but eight or fewer classes, you lose 1%, and if you miss more than eight, you lose 2%. If you miss more than eight classes, you likely won’t pass the class anyway.
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Pregnancy and Childbirth
• Does the student have to go to OSID? (NO)
• Do I need to request documentation? (Yes, but only if you do for other medical conditions.)
• What if the student doesn’t provide documentation?
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Pregnancy/Childbirth, continued
• How many absences can be requested?
• May I advise the student to drop the class?
• What about incompletes?
• What about accommodations for
◦ Nursing mothers
◦ Child care
◦ Fathers
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Resources
http://titleix.eku.edu/sites/titleix.eku.edu/files/files/guidanceTitleIXpreg nancy.pdf
http://titleix.eku.edu/sites/titleix.eku.edu/files/files/Pregnancy%20FAQT itleIX.pdf
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What About Athletics Anyway?
• It’s an educational program.
• We have an obligation to provide equity.
• It’s not easy.
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Prevention and Intervention –
Lisa Day,Ph.D
GreenDot@eku.edu

Office of Equity and Inclusion
Brandon Williams, MPA

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Office of Equity and Inclusion
Martha Alexander, JD
Deputy Title IX Coordinator

Deputy Title IX Coordinator
Jeremy Enlow, JD

Title IX Coordinator
Sara Zeigler, Ph.D

Resources and References http://titleix.eku.edu
https://www.notalone.gov
http://www2.ed.gov/about/offices/list/ocr/publications.html
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