NEW FACULTY ORIENTATIONAUGUST 18, 2015

The First Line of Response: Student Disclosure of Sexual

Misconduct

The role of faculty

AwarenessKnowledgeCulture

Title IX of the Education Amendments of 1972

37 Powerful Words…. “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.”

Title IX of the Education Amendments of 1972

…with broad scope…

Title IX prohibits sex discrimination in education programs and activities such as:

Admissions or financial aidHousing and facilitiesCourses, academic research and other educational activitiesCareer guidance, counseling or other educational support servicesAthletics Employment, training for employment or advancement in employment

Title IX of the Education Amendments of 1972

…and responsibilities.The protections of Title IX apply to the “Big Four”: Sexual harassment (including sexual assault)StalkingDating Violence Domestic Violence

5 General Title IX Themes

1. College must take prompt steps to end the harassment, prevent recurrence, and address its effects;

2. College must protect the complainant and take interim steps (i.e. accused student removal);

3. College must ensure that the grievance procedure includes a way to file complaints of sex/gender based discrimination;

4. Use the preponderance of evidence standard to resolve complaints (more likely than not);

5. Simultaneously notify both parties of all matters related to the complaint.

The Nuts and Bolts

Title IX is not about geography: focus is on WHAT happened, not WHERE.

Assessing the continuance of the conduct and our duty to respond;

Office of Civil Rights reporting requirements of faculty = “Responsible Employees”

What is a Responsible Employee required to do?

If you know (or reasonably should have known) of an allegation of the

Big 4

you are required to report the incident to the Title IX Coordinator

within 24 hours.

What does a Responsible Employee report?

Identifying information including names and locations

ANY Big 4 incidents: not just student on student

Faculty with licenses granting confidentiality: you are required to report this same information

Privacy v. Confidentiality

Privacy: Assure the student that you will keep the matter

private and only share it with those who you are obligated to (Title IX Coordinator).

Need to know only: Title IX Coordinator and investigators.

Confidentiality: Student awareness of designated confidential

structures Remind students they have the option to instead

report to a confidential resource

Designated Confidential Resources:

On Campus: A licensed counselor in the Counseling Center A recognized clergy person acting in the role of a

pastoral counselor.

Off Campus: healingSPACE Sexual Violence Resource Center 24 hour free hotline Accompaniments to medical and legal proceedings Support groups for survivors

Making a Report

•Title IX Coordinator – Katherine McGee201-684-7540•Department of Public Safety

201-684-6666

What happens next?

Prompt, fair and impartial investigation Invitation to participate in the investigation Evidence collection, witness interviews, etc.Report prepared using this evidence Evidence evaluated using a preponderance of

the evidence standard Simultaneous notice of outcome

Counseling Center: what is provided?

1. Psychological counseling and medical services to support survivors

2. Crisis Intervention Services the healing process

3. Medically stabilize a student4. Free transport for emergency medical care5. STI testing6. Emergency contraceptives

What can you do?

1. Consider Title IX language in your syllabus2. Be familiar with the resources. See website

for: o Medical treatment options o Support optionso Reporting optionso NJ Campus Victim’s Bill of Rights

3. Be familiar with the “Big Four” and know your responsibility to report.

4. Participate in annual training

Questions?