Title IX of the Education
Amendments of 1972 provides that:
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 educational program or activity
receiving Federal financial assistance.
Under Title IX:
• If a school knows – or even if it should know –
of possible sexual harassment, including assault,
• It must take immediate and appropriate steps to
 investigate or otherwise determine what occurred;
 take prompt and effective steps reasonably
calculated to end any harassment;
 eliminate a hostile environment if one has been
created; and
 prevent harassment from occurring again.
Sexual Harassment is a form of
discrimination on the basis of sex.
There are two forms of sexual harassment:
• Quid Pro Quo (this for that) harassment
• Hostile environment harassment
Two Forms of Sexual Harassment
Quid Pro Quo Sexual Harassment
exists when there are
Hostile Environment Sexual
Harassment is
• Unwelcome sexual advances,
requests for sexual favors or
other verbal or physical
conduct of a sexual nature;
and
• Submission to or rejection of
such conduct results in
adverse educational or
employment action.
• Offering a benefit can be just
as detrimental.
• Unwelcome verbal or physical
conduct of a sexual nature
that is
• Sufficiently severe, and
persistent or pervasive that it
• Has created an intimidating,
hostile or offensive academic
or work environment that has
the effect of unreasonably
interfering with, limiting or
depriving someone of the
ability to participate in or
benefit from an educational
program or activity.
Totality of the Circumstances
• Frequency of conduct
(persistent or pervasive)
• Nature and severity of
conduct
• Physically threatening?
• Humiliating?
• Effect on mental or
emotional state?
• Directed at more than
one person?
• Unreasonable?
• Utterance or epithet
which is offensive?
• First Amendment
considerations?
Sexual assault
and other forms of sexual violence
Sexual assault and other forms of sexual violence
are an extreme form of hostile environment sexual
harassment.
Sexual violence includes
– Sexual assault (intentional, non-consensual sexual
touching or intercourse, however slight, with any
object; vaginal or oral penetration)
– Partner or dating violence
– Gender-based stalking and bullying
Force – Incapacity - Consent
• Was force used to obtain sexual access?
• Did the Respondent know, or should they have
known, that the Complainant was
incapacitated?
• What clear words or actions by the
Complainant gave the Respondent permission
for the specific sexual activity that took place?
Force
• Type of force to consider:
– Physical Violence
– Threats – anything that would make someone do
something they wouldn’t normally have done
absent the threat
– Intimidation – implied threat
– Coercion – the application of an unreasonable
amount of pressure for sexual access (consider
frequency, isolation, duration, intensity)
Force
• If any type of force was used – there can be no
consent.
• Incapacity and Consent become irrelevant if
force was used.
Incapacity
• Could the Complainant make rational,
reasonable decisions? (alcohol, sleep, injury,
mental/cognitive impairment)
• Could the Complainant appreciate the
situation and address it consciously such that
any consent was informed?
• Did the Respondent know, or should they have
known of any incapacity? What would a
reasonable person have known?
Consent
• What clear words or actions by the Complainant
gave the Respondent permission for the specific
sexual activity that took place?
• Consent is
–
–
–
–
–
Informed
Voluntary
Active (Silence is not Consent)
Clear Words or Actions
Specific to the mutually agreed upon activity (wallet
example)
Remember
• No means No. But Nothing also means No.
• Silence and passivity do not equal permission.
• Consent can be WITHDRAWN at ANY time, as
long as that withdrawal is communicated
clearly by the person withdrawing consent.
Policies, Definitions, Process
– The OAAEO investigation report is organized
around what questions must be addressed to
establish whether there is a violation under Title
IX and makes a finding.
– The Student Conduct Director will advised the
panel on what questions must be addressed to
establish whether a student conduct code
provision has been violated.
– Critically consider whether any questions beyond
those identified by OAAEO and SCCS are relevant.
New Information
• Any new information or allegations that
comes up during a hearing must be redirected
to the investigation process.
• The role of the Panel is to be Fair and
Impartial in its analysis.
– Set aside assumptions and focus on the
EVIDENCE.
Protocol
• Questions about how the University responds
to allegations of sexual misconduct are set
forth below in general.
UO Protocol for Responding to Reported
Issues of Sexual Harassment
Consistent with our obligations under Title IX, the
UO protocol for responding to reported issues of
sexual harassment involves:
• Resources and services are made available to those who
have experienced any form of sexual harassment;
• Steps are taken to stop inappropriate behavior;
• The matter is investigated to the extent possible based
on available information; and
• Steps are taken to prevent a recurrence of inappropriate
behavior.
How does protocol work for students?
• When a report of possible sexual harassment of a
student is received, the student is contacted by
the Office of the Dean of Students about services,
resources and options.
o Renae DeSautel, Sexual Violence Response Coordinator
o Sheryl Eyster, Associate Dean of Students
• Student has the right to choose whether or not to
engage services and resources and whether to
provide more information. Services are not
conditional on student’s providing information.
How does protocol work for students?
After contact by the Office of the Dean of Students, a student
is contacted by the Office of Affirmative Action and Equal
Opportunity.
• The student is informed of the university’s interest in
holding accountable those who engage in sexual
harassment.
• The student is invited to meet with the OAAEO to learn
about the administrative processes for addressing sexual
harassment.
o Darci Heroy, Equal Opportunity Specialist
• The student is informed that s/he has the right to choose
whether to provide information and engage in the
appropriate administrative process.
How does protocol work for students?
If a student chooses to share information and
participate in administrative process, s/he is asked
to share what happened.
• OAAEO conducts preliminary investigation to assess
whether there is evidence of a possible violation of the
student conduct code (student behavior) or university
policy (employee behavior).
• Matter is referred to Student Conduct and Community
Standards (SCCS) for student behavior or the
Affirmative Action Administrative Council (AAAC) for
employee behavior for determination as to whether
the evidence establishes a violation of policy.
How does protocol work for students?
If SCCS (for students) or AAAC (for employees)
determines that a student or employee engaged
in behavior that violates university policy, SCCS
or AAAC:
• determine appropriate sanctions intended
to prevent any future recurrence of the
inappropriate behavior.
How does protocol work for employees?
When OAAEO receives a report that a UO
employee is experiencing sexual harassment,
the OAAEO contacts the employee.
• The employee is invited to meet with OAAEO
to learn about UO policy and grievance
processes for addressing issues of sexual
harassment.
• The employee has the right to choose
whether to share more information.
Formal Grievance Processes for UO Employees
Represented Employees with concerns regarding
behavior by UO employees: formal process is
through the collective bargaining agreement
grievance process.
Unrepresented Employees with concerns regarding
behavior by UO employees: formal process is
through the Faculty Grievance Process.
All Employees with concerns regarding behavior by
UO students: formal process is through Student
Conduct and Community Standards.
Prohibited Discrimination and Sexual Harassment
Contacts
ISSUE
Appropriate Contact
Title IX Coordinator
Penelope Daugherty
OAAEO
541-346-3123
penny@uoregon.edu
Prohibited discrimination and sexual
harassment
OAAEO
541-346-3123
Required employee reporting
OAAEO
541-346-3123
UO protocol for responding to issues of
sexual harassment and sexual violence
OAAEO
541-346-3123
Prohibited Discrimination and Sexual Harassment
Contacts
ISSUE
Appropriate Contact
Student Conduct Code
Paul Shang, Assistant Vice President and Dean of Students
541-346-8206
pshang@uoregon.edu
Sandy Weintraub, Director
Student Conduct and Community Standards
541-346-1140
Services and resources for
student survivors of sexual
harassment and violence
Paul Shang, Assistant Vice President and Dean of Students
541-346-8206
pshang@uoregon.edu
Sheryl Eyster, Associate Dean of Students
541-346-1156
seyster@uoregon.edu
Renae DeSautel, Sexual Violence Response and Services
Coordinator
541-346-8194
desautel@uoregon.edu
New UO Resources for Students
The University of Oregon Student Affairs Division
has developed the following new resources for
students:
• 24/7 Crisis Line:
Call 541-346-SATE (7233) to receive support and
learn options to receive help and/or report their
situation.
• An Interpersonal Violence team within the
University Counseling and Testing Center with
counselors specially trained in working with
trauma victims
New UO Resources for Students
Learn more about options at
SAFE.UOREGON.EDU,
including access to a new pamphlet,
Help for Students –
A Guide for the University of Oregon Community
TITLE IX - QUICK TIPS
• Be mindful of information you receive
regarding behavior within the UO community
that might constitute sexual harassment.
• If you have reason to believe that a student or
employee has been subject to sexual
harassment, notify your supervisor or the
Office of Affirmative Action.
TITLE IX - QUICK TIPS
• Unless you are a supervisor receiving information
regarding behavior by an employee you
supervise, your duty is to report the information
you have, not to investigate the reported
incident.
• Failure to report limits the UO ability to provide
an environment for students and employees that
is free of sexual harassment.
• Failure to report when required is a performance
issue, and could potentially result in personal
liability.