Preventing Sexual Harassment &
Gender Discrimination
Sterling College Employee Title IX Training
Sterling College stands fundamentally
opposed to any form of sexual harassment
(which includes gender discrimination and
sexual violence) and will do all in its power
to promote an environment that allows
students, faculty, and staff to be free from
the intimidation and coercion that
accompanies such actions.
Sexual Harassment in the Headlines
July 27, 2014
Marching band director
fired from Ohio State
University for band’s
sexually charged hazing
May 12, 2014
Virginia Military Institute
violated federal law on
conducting sexual
harassment and assault
cases
Have you read the
headlines?
February 13, 2014
Northwestern
University
mishandles sexual
assault complaint
against professor
July 18, 2014
$1.3 million to settle
UCONN lawsuit filed by 5
female students
May 12, 2014
Tufts University’s poor handling of
sexual assault cases
Prevalence of Sexual Harassment and
Sexual Violence
In a research commissioned by the U.S. Department of Justice, Office of
Justice Programs for the Bureau of Justice Statistics, written by Fisher,
Cullen and Turner in 2000 titled The Sexual Victimization of College Women,
the following statistics were reported:
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•
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About 20% of college women will be subjected to rape or attempted rape
over the course of their college career.
Among college women, 9 in 10 victims of rape and sexual assault knew
their offender.
The report also found that approximately 6% of men were victims of
completed or attempted sexual assault during college.
Do you know what to do?
• What are my responsibilities?
• Who do I report to?
• What do I need to report?
• What does the SC process look like?
• How does this affect me?
It’s the LAW!
• Title VII of the Civil Rights Act of 1964 protects employees
– Applies to employers
– Prohibits discrimination based on race, national origin, color, religion,
gender/sex, retaliation and pregnancy
• Title IX, Education Amendments of 1972 protects students
– Applies to educational institutions receiving federal financial assistance
like SC
– “No person… 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…”
– Prohibits discrimination based on gender
– Prohibits retaliation involving students
What is Sexual Harassment?
Sexual harassment is defined as attempted
sexual coercion, unwelcome sexual advances,
requests for sexual favors, physical conduct of
a sexual nature, or verbal conduct of a sexual
nature. Any words or behavior that produce an
atmosphere of intimidation or hostility, or are
verbally abusive, are viewed as harassment.
This also includes sexual harassment by use of
email, texting, chat transcripts, or network
activity (including social media sites).
Types of Sexual Harassment Conduct
Examples of Sexual Harassment:
– Inappropriate touching, patting or pinching
– Displaying sexually demeaning or offensive objects or pictures
– Physical assault or coerced sexual activity
– Sexually suggestive jokes or innuendos; derogatory, degrading,
or sexist remarks about a person’s body, clothing, or sexual
activities
– Suggestive or insulting sounds, whistles, or catcalls
– Demands or subtle pressure for sexual favors
– Obscene phone calls, texts, emails, or gestures
Sexual Violence is Sexual Harassment
• “Sexual violence” means any physical act that is sexual
in nature that is committed by force or without the full
and informed consent of all persons involved.
• Sexual violence may include but is not limited to rape,
sexual assault, sexual battery, and sexual exploitation.
• Sexual violence can occur between strangers or
acquaintances, including people involved in an intimate
or sexual relationship.
• Sexual violence can be committed by men or by women,
and it can occur between people of the same or different
sex.
Domestic Violence and Dating Violence
are Forms of Sexual Harassment
•
Domestic violence is violence committed by a current or former spouse,
intimate partner, or person with whom you cohabitated.
•
Dating violence is violence committed by a person who is or has been in a
social relationship of a romantic or intimate nature with the victim; and
where the existence of such a relationship shall be determined based on a
consideration of the following factors:
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–
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The length of the relationship
The type of relationship
The frequency of interaction between the persons involved in the relationship
Examples of domestic violence or dating violence:
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Abusive behavior that is used to gain or maintain power and control
Behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten,
blame, hurt, injure, or wound someone.
Stalking
Stalking is a form of harassment and is a criminal offense.
Stalking occurs when a person willfully, maliciously, and
repeatedly follows or harasses another person in a manner
that would cause a reasonable person to feel frightened,
intimidated, threatened, harassed, or molested.
Gender Discrimination
• Gender discrimination is defined as unequal or
disadvantageous treatment of an individual or group of
individuals based on gender.
• Examples of gender discrimination include treating an
individual differently based on male/female gender in
academic or extracurricular activities, academic
programs, discipline, classroom assignment, physical
education, grading, and/or athletics.
What can I do?
Mandatory Reporters
• Employees must report known or suspected
sexual harassment, including sexual violence to
the Title IX Coordinator.
• All other members of the College community are
encouraged to report to the Title IX Coordinator, as
well.
Speak up and speak out against sexual violence! We
all play a role in keeping our campus safe and free
from harassment and discrimination.
Do I have to break confidence?
• All SC employees must report sexual harassment to the Title IX
Coordinator. You should not guarantee that you can keep
information confidential.
• Why?
– SC is committed to a harassment-free environment. The only way SC
can take action is if the Title IX Coordinator knows about it!
– Knowledge of SC employees may be imputed to SC and create liability
for SC, even if the student doesn’t want you to report it.
• You should tell the person up front that you may have to report what
they’ve shared with you and that the only way to guarantee
confidentiality is to not tell you at all.
Non-Mandatory Reporters
Sterling College does have two staff members that are not mandatory
reporters (employees that do not have to report to the Title IX
Coordinator). If a student/employee wants to speak to someone in
confidence who is not a mandatory reporter, please encourage them to
contact the below two staff members:
1. Loida Leone - Campus Counselor
Email: lleone@sterling.edu
Phone: 620-278-4202
Office: Student Life Office
2. Christian Dashiell - Chaplain
Email: cdashiell@serling.edu
Phone: 620-278-4341
Office: Third floor of Cooper Hall
How to Report
Sexual Harassment/ Sexual Violence
In the event of an emergency, call 911!
To report to the College contact:
Terri Ridge, Title IX Coordinator
Kelsey Hall
tridge@sterling.edu
620-278-4220
RD on Duty Cell Number
620-278-6218
Someone is on call 24 hours a day/7 days a week
Discrimination Complaint Resolution
Process
The Title IX Coordinator will evaluate all reports of sexual harassment to
determine whether an investigation is appropriate under the Discrimination
Complaint Resolution Process. All investigations will be prompt and conducted
by an impartial, trained investigator.
The Title IX Coordinator will immediately review the report to determine whether
immediate interim action is necessary to protect any party or prevent
reoccurrence of the harassment.
Report filed
with the
Title IX
Coordinator
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•
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Within 7 working days, the Title IX Coordinator will acknowledge complaint
receipt to Complainant.
The Title IX Coordinator may contact the Complainant to clarify the complaint
allegations.
15 working days to determine whether or not the complaint falls within the
jurisdiction of the Title IX Coordinator Office.
All reports are handled confidentially. The Title IX Coordinator shares only
the information necessary to conduct the investigation and act on any
findings.
Process Continued
Notification
of
Investigation
Investigation
Once the Title IX Coordinator has determined that a complaint should be opened,
the Title IX Coordinator will notify the Respondent of the complaint.
•
The Title IX Coordinator Office may make effort, if appropriate and upon
consent of the parties, to pursue informal resolution of the complaint.
•
If informal resolution is inappropriate or unsuccessful, the Title IX
Coordinator will move forward with an investigation.
•
All parties are notified of the complaint resolution process, their opportunities
under the process, the standard of evidence used, the role of the Title IX
Coordinator, etc.
The Title IX Coordinator provides notice of the investigation to appropriate
administrators.
•
The Title IX Coordinator interviews the complainant, respondent, and
relevant witnesses.
•
The Title IX Coordinator reviews relevant documentation, including any
evidence submitted by the parties.
•
The Title IX Coordinator coordinates with campus personnel, local law
enforcement, and the county attorney, as appropriate to the case.
•
The Title IX Coordinator completes an investigation within 60 working days,
except when circumstances justify a delay.
Final Stages of Investigation
Status
Updates
During
Investigation
Investigative
Findings
Throughout the investigation, the Title IX Coordinator maintains communication
with the parties, advising them of the status of the investigation.
At the end of the investigation, the Title IX Coordinator provides a written
investigation summary and findings to complainant, respondent and director,
chair, dean, vice president or president within 60 working days after complaint
was filed.
•
In cases where the Title IX Coordinator finds a violation of college policy, the
Title IX Coordinator may recommend disciplinary or other administrative
actions.
•
Potential sanctions for violations of the college’s policy prohibiting sexual
harassment include:
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Disciplinary action for faculty and staff, such as warning, suspension or termination.
Disciplinary action for students, such as warning, probation, suspension, and
expulsion.
Administrative remedies, such as relocation, training, and more may also be
appropriate.
SC Complaint Process and
Investigation
Interim Measures
Upon receiving a complaint, while the investigation is in process, the
college may take (and parties may request) interim measures to
address/prevent reoccurrence of the conduct/harassment.
Examples of interim measures include:
Imposition of a no-contact order (A directive that the parties refrain from
having contact with one another, directly or through proxies, whether inperson or via electronic means).
Examples of Interim Measures
• Example of interim measures for students:
– Provision of academic support services, like tutoring;
– Alterations to a student’s class schedule to ensure the
complainant and alleged student harasser do not attend the
same classes;
– Moving the complainant or alleged student harasser to a different
residence hall;
– Provision of an escort to ensure the student can move safely
between classes and college activities.
• Examples of interim measures for employees:
– Reassignment of job duties or supervisor;
– Relocation of work site;
– Administrative leave with pay
SC Process and Criminal Process
Criminal Process
• Burden of proof: “Beyond a reasonable doubt”
• Typically longer process - 6 months
• Consequences can be more serious, including jail time
• More formality-witnesses under oath
SC Process
• Burden of proof: “Preponderance of the evidence (more likely than
not to be true)”
• Typically 60-day process
• Consequences include campus discipline, probation, suspension
and expulsion
• Less formal process
• Interim measures
Retaliation is Prohibited
• Retaliation against anyone who has filed a complaint
or participated in the investigative process is
prohibited
• Retaliation includes any harassment, intimidation,
threats, or adverse action.
• Retaliatory behavior is not limited to direct
communications.
• Retaliatory behavior is not limited to behavior by the
accused and covers behavior by his or her associates
and third parties.
• Report all potential retaliation to the Title IX
Coordinator
Contact Information
Terri Ridge - Title IX Coordinator
Kelsey Hall
tridge@sterling.edu Phone number: 620-278-4220
Student Administrator - Tina Wohler
twohler@sterling.edu
Phone number: 620-278-4236
Faculty & Staff Administrator - Michelle Hall
mhall@sterling.edu
Phone number: 620-278-4211
Please review the covered material
and complete the Title IX quiz,
located on the Title IX course page.