Title IX
Our Community’s Responsibility for a Safer SEU
What is Title IX (and how does it involve me)?
Title IX of the Education Amendments of 1972:
“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.”
What else does it mean then?
Title IX specifically states that if the institution knows
or reasonably should know about a situation where a student
was sexually harassed (and all the definitions to follow), the
institution MUST act to eliminate the harassment, prevent its
reoccurrence, and address its effects.
What does that mean for me?
You = St. Ed’s
As a coach, administrator, trainer
at St. Edward’s University,
if YOU know…St. Ed’s knows.
What am I supposed to pay attention to?
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Sexual harassment
Sexual assault
Stalking
Dating or domestic violence
Sex Offenses
Hate crimes based in gender, gender identity or sexual orientation
Any of these fall under sexual discrimination according to Title IX and are
under the university’s purview as long as they involve someone in the St.
Ed’s community (student, faculty, staff, guests) on St. Ed’s property or at a
St. Ed’s function (including off campus).
Sexual Harassment
“Sexual harassment is any unwelcome direct or indirect verbal or physical
conduct that is made a condition of employment , is a basis for employment
decisions, or creates an offensive work atmosphere that inhibits work
performance.”
http://think.stedwards.edu/hr/content/sexual-harassment
Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe,
pervasive/persistent and patently offensive so that it alters the conditions of education or employment,
from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. The
determination of whether an environment is “hostile” must be based on all of the circumstances. These
may include:
1. The frequency of the conduct
2. The nature and severity of the conduct
3. Whether the conduct was physically threatening
4. Whether the conduct was humiliating
5. The effect of the conduct on the alleged victim’s mental or emotional state
6. Whether the conduct was directed at more than one person
7. Whether the conduct arose in the context of other discriminatory conduct
8. Whether the conduct unreasonably interfered with the alleged victim’s educational or work
performance
9. Whether the speech or conduct deserves the protections of academic freedom
http://think.stedwards.edu/deanofstudents/studenthandbook/universitysexualmisconductpolicy
Sex Offenses/Sexual Assault (Federal)
 Forcible Sex Offenses – Any sexual act directed against another
person forcibly, or against a person’s will, or not forcibly or
against a person’s will when a person is incapable of giving
consent
 Non-Forcible Sex Offenses – Unlawful, non-forcible sexual
intercourse (Incest, Statutory Rape)
Sexual Assault
Any unwanted sexual contact (touching, kissing, fondling or intercourse)
committed without consent of the individual or against an individual who
cannot reasonably consent.
Texas Penal Code 22.011 defines more specifically and legally defines the
crime of sexual assault as involving penetration.
Sexual Assault (Code of Conduct)
Nonconsensual Sexual Contact is any intentional sexual touching, however
slight, with any object (including body parts), by a man or a woman upon a man
or a woman, without effective consent.
Sexual activity includes:
i. Intentional contact with the breasts, buttocks, groin or genitals; touching
another person with any of these body parts; making another person touch
you or him or herself with or on any of these body parts; and any intentional
bodily contact in a sexual manner, though not involving contact with/of/by
breasts, buttocks, groin, genitals, mouth or other orifices.
ii.
Intercourse, however slight, meaning vaginal penetration by a penis, object,
tongue or finger; anal penetration by a penis, object, tongue or finger; and
oral copulation (mouth-to-genital contact or genital-to-mouth contact).
Let’s Talk Consent
Ongoing: Must seek consent for every step of sexual activity
Active Agreement: Seek Nonverbal (active participation)
Verbal Consent (Will you? Why yes!)
Respectful and Honest
“Consent can be given by word or action, but nonverbal consent is less
clear than talking about what you want and what you don’t. Consent to
some form of sexual activity cannot be automatically taken as consent
to any other sexual activity. Silence — without actions demonstrating
permission — cannot be assumed to show consent. You will do well to
keep in mind that under this policy, “No” always means “No,” and “Yes”
may not always mean “Yes.””
http://think.stedwards.edu/deanofstudents/studenthandbook/universitysexualmisconduct
policy
Stalking (Violence Against Women Act)
The term “stalking” means engaging in a course of conduct directed at a
specific person that would cause a reasonable person to-(A) fear for his or her safety or the safety of others; or
(B) suffer substantial emotional distress.
• Source – 42 USCS § 13925(a)
Stalking (Texas)
A person commits an offense if the person, on more than one
occasion and pursuant to the same scheme or course of conduct that
is directed specifically at another person, knowingly engages in
conduct, including following the other person, that:
(1) the actor knows or reasonably believes the other
person will regard as threatening:
(A) bodily injury or death for the other person;
(B) bodily injury or death for a member of the other person's
family or household; or
(C) that an offense will be committed against the other
person's property;
(2) causes the other person or a member of the other
person's family or household to be placed in fear of bodily injury
or death or fear that an offense will be committed against the other
person's property (including the above A, B, C)
Texas code 47.072
Stalking (Employee Handbook and Code of Conduct)
Prohibited conduct by employees, consultants, or visitors on university premises or
engaging in university-related activity includes but is not limited to:
Threats of any kind; Intimidating, menacing, hostile, physically aggressive, or violent
behavior, including stalking and surveillance; Behavior that suggests a tendency
towards violence, including belligerent speech, excessive arguing or swearing, or a
demonstrated pattern of refusal to follow university policies and procedures; Defacing
or damaging university property; Bringing weapons or firearms of any kind on
university premises, in university parking lots, or while conducting university business
(except law enforcement personnel); and Any conduct that adversely affects the
university's legitimate interests and that could potentially result in violation of any
laws relating to threats or violent acts.
Employee Handbook Workplace Violence Section
Stalking defined as pursuing in a repetitive and menacing way, following, harassing or
interfering with the peace or safety of a member of the community or the safety of
any of the immediate family of members of the community. Student Code of Conduct
Dating Violence
Violence committed by a person
A) Who is or has been in a social relationship of a romantic or intimate
nature with the victim
B) Where the existence of such a relationship shall be determined
based on a consideration of the following factors:
i) length of relationship
ii) type of relationship
iii) frequency of interaction between persons involved in the
relationship
42 USCS § 13925(a)
An act that is intended to cause physical harm, bodily injury, assault or
sexual assault or reasonably places an individual in fear of imminent
physical harm, bodily injury, assault or sexual assault committed by a
person: (includes A&B from USCS)
Texas Code 71.0021
Domestic (Family) Violence
Federal Law:
The term “domestic violence” includes felony or misdemeanor
crimes of violence committed by a current or former spouse or
intimate partner of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating with or
has cohabitated with the victim as a spouse or intimate partner, by a
person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction receiving grant
monies, or by any other person against an adult or youth victim who
is protected from that person's acts under the domestic or family
violence laws of the jurisdiction. (42 USCS § 13925(a))
Crimes of violence committed by current or former spouse or
intimate partner: share a child in common; is or has cohabitated
with; or another person similarly situated (Texas Code 47.004)
Hate Crimes (VAWA)
An underlying crime (assault, graffiti) that is motivated by bias/prejudice
with regards to:
• Actual or perceived race
• Gender
• Religion
• Sexual orientation
• Ethnicity
• Disability
• National origin
• Gender identity
Hate Crimes
Because of these [Holy Cross] values, St. Edward’s University is committed to ensuring and
protecting personal and cultural diversity, affirming tolerance, and promoting social justice
through recognizing the dignity and worth of each person. The university is committed to a
policy of tolerance and is opposed, in both philosophy and practice, to the oppression of
diversity by individuals, groups, or the institutional abuse of power. Intolerance refers to an
attitude, feeling, or belief wherein an individual shows contempt for other individuals or
groups based on arbitrarily selected characteristics.
Employee Handbook Statement Against Intolerance Section
St. Edward's University is a community of persons from diverse cultural backgrounds
(ethnic, racial, creed, religious, gender, sexual orientation, age, disabled and
socioeconomic). All parties in this community must strive to understand the individuality
and uniqueness of those around us and to value those differences, as well as learn from
one another in an atmosphere of positive encouragement and mutual respect.
St. Edward's does not condone any form of conduct that goes beyond the legally defined
boundaries of discrimination. We will not tolerate verbal or written abuse, threats,
intimidation, violence or other forms of harassment against any member of the St. Edward's
community.
Code of Conduct
How Often Does This Happen?
1 in 4 women & 1 in 7 men are victims
of severe physical violence at the
hands of an intimate partner
1 in 4 college women are
victims of completed or
attempted sexual assault.
34% of women of a traditional college age experience stalking.
30% of men of a traditional college age experience stalking.
(http://www.cdc.gov/violenceprevention/nisvs/index.html)
Dynamics to be aware of
Survivors of any of these crimes might react in a variety of ways
*this does not discredit their statement*
Survivors may consider the welfare of others (including the perpetrator)
when deciding to report
Our culture is saturated in myths surrounding interpersonal violence
If you don’t keep your reactions in check, you may silence a survivor.
Prepping Your Community
It can only help in engendering trust with your students to prep them about your
mandate to report ahead of time.
As you have beginning of the year meetings, mentioning that your role at St. Ed’s
includes keeping the community safe in this way. Articulate how you intend to
partner with them in keeping themselves safe (*educational opportunities*) AND
assisting others in keeping the community safe (*reporting requirements*).
What do I do if I become aware of a situation like this?
Whoever is telling you needs:
1. Empathy
2. Information
3. More Empathy
The Information The Complainant Needs
 You have to report.
“I really appreciate you sharing something so sensitive with me. I need
to let you know that as a member of this community I am required to
protect the safety of our SEU community, including you. Part of my
responsibility in that is a requirement to report something of this nature
to our campus Title IX Coordinator. Let me tell you a little more
information about what that might mean for you so you can make the
decisions you feel most comfortable with.”
The Information The Complainant Needs
Reporting Choices:
Complainant can report to the University (Director of Human
Resources or Associate Dean of Students)
 Can refuse to participate in investigation that has been started
Complainant can report to University Police or Austin Police
Although these entities might work together, the investigations are
separate and parallel processes.
What kinds of help are available?
 Counseling – Students, faculty and staff have a variety of
options for counseling to help process their experience
 Safety Planning and Emergency Housing – there are options on
and off campus for a survivor to begin to feel more safe
 Legal Help – Several advocate resources also serve as legal
advocates
The Information The Complainant Needs
Resources for Support:
Counseling * Legal * Safety Planning * Housing
Confidential Sources on Campus
Health & Counseling Center 512-448-8538
Campus Ministry priests
512-448-8499
SEU Employee EAP
(800) 343-3822
Confidential Sources Off Campus
Safe Place
512-267-SAFE
Saheli
877-281-8371
YWCA
(512) 326-1222
Who do I report to?
Complaint against
Student
Complaint against
Faculty/Staff
Any confusion about
who to?
Associate Dean of Students
Steven Pinkenburg,
Title IX Deputy
512-448-8408
Mary Dellinger
Human Resources
512-448-8542
Lisa Kirkpatrick
Title IX Coordinator
512-448-8408
What happens next (University side)?
 Title IX Coordinator and other key campus offices will work to
enact immediate remedies to ensure safety of the complainant
and others
• Housing
• Class Schedules
• No contact/protective orders
 Title IX Investigators will begin to gather information, which may
include talking to the survivor/complainant, the
accused/respondent, any “witnesses”.
• Both parties are able to have an advisor (HCC advocate,
attorney) present
What happens next (University side cont.)?
 Title IX investigators will simultaneously alert complainant and
accused of steps taken in the process and the outcome, including
sanctions
 Both the complainant and the accused are able to appeal
 The entire University process is to take no longer than 60 days (so
action is quick)
What happens next (law enforcement)?
An officer will likely contact the student to gather more
information and inquire about whether the student wants
to press charges.
The student can decline to participate at all.
Law enforcement may follow-up by questioning any
witnesses or the alleged perpetrator depending on the
information they have/get.
Investigations where both Dean of Students and University
Police are involved are done concurrently and
collaboratively as much as possible.
Questions?