Title IX Yearly Mandatory Training
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Title IX is a federal law that prohibits sex-based discrimination in any education program or activity receiving federal funding. It protects students and staff from sexual misconduct including harassment, assault, stalking, and intimate partner violence. The presentation provided an overview of Title IX and related laws like Clery Act, VAWA, and Campus SaVE Act. It discussed required reporting of incidents, definitions of prohibited conduct, consent standards, and support resources available to victims. As an MVC employee, the presenter noted they are required to report any disclosed sexual misconduct to the Title IX coordinator to ensure campus safety.
Title IX Yearly Mandatory Training
- 2. 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.” • 1972 Landmark civil rights protection • Provides protection from all forms of sexual misconduct including: sex‐based discrimination, harassment, or neder violence at any educational institution receiving federal funding • Students are the primary focus of Title IX, although it is applicable to all campus constituencies What Is Title IX & How Does It Involve Me? MOUNTAIN VIEW COLLEGE 9/2/2016
- 3. 9/2/2016MOUNTAIN VIEW COLLEGE • 1972 Beginning of Title IX • 1990: Clery Act • 1994: Violence Against Women Act (VAWA) • 2001 Revised Sexual Harassment Guidance ▫ Department of Education Office for Civil Rights (OCR) guidance explored Title IX sexual harassment protections. Campuses need to ensure that employees are trained so that those with authority to address harassment know how to respond appropriately, and other responsible employees know that they are obligated to report harassment to appropriate officials” April 2011: Dear Colleague Letter to guarantee all students an education free from sexual harassment and violence. OCR recommended all schools implement preventive education programs as part of their orientation for students, faculty, and staff. ▫ 2013: Campus SAVE Act October 1, 2014: Schools must report compliance with the Campus Save Act in their annual Security Reports Law of Protection
- 4. 9/2/2016MOUNTAIN VIEW COLLEGE • “Jeanne Clery Disclosure of Campus Security Police and Campus Crime Statistics Act” (formerly the Campus Security Act): • A federal laws that requires U.S. institutions of higher education to disclose campus security information including crime statistics for the campus and surrounding areas. What is the Clery Act
- 5. 9/2/2016MOUNTAIN VIEW COLLEGE • Coordinated community and legal response to domestic violence, sex dating violence, sexual assault, and stalking; • Emphasis on law enforcement, prosecutors, victim services; • VAWA provides specific support for work of organizations that serve economically and socially disadvantaged women. VAWA Violence Against Women Act 1994
- 6. 9/2/2016MOUNTAIN VIEW COLLEGE • Enacted in March 2013, The Campus Save Act is the most recent, and far reaching, in a long line of laws that protect students from sexual violence and harassment. • Student and staff must be assisted by campus authorities if reporting a crime to law enforcement • Obtain or enforce a no contact directive or restraining order • Have a clear description of their institution’s disciplinary process and know the range of possible sanctions • Receive contact information about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available • Campus awareness campaigns for staff and students • Prompt, fair, and impartial investigation and resolution of investigation by officials receiving annual training. What is the Campus Sexual Violence Elimination Act (SaVE)
- 7. 9/2/2016MOUNTAIN VIEW COLLEGE • Submitted by the Office of Civil Rights in April 2011 • Outlined the need for a national “call to action” regarding statistics surrounding sexual violence: 1 in 5 women are victims of completed or attempted sexual assault while in college; 6.1% of males were victims of completed or attempted sexual assault during college; 3,300 forcible sex offenses reported by college campuses in 2009; 800 reported incidents of rape and attempted rape and 3,800 reported incidents of other sexual batteries at public high schools (K‐12). Dear Colleague Letter ‐‐ 2011
- 8. • As an employee of Mountain View College, if YOU know…MVC knows. YOU=Mountain View College What Does It Mean for Me? MOUNTAIN VIEW COLLEGE 9/2/2016
- 9. • 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 1. eliminate the harassment 2. prevent its reoccurrence 3. address its effects. What Else Does It Mean Then? MOUNTAIN VIEW COLLEGE 9/2/2016
- 10. 9/2/2016MOUNTAIN VIEW COLLEGE • 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 college’s review as long as they involve someone in the MVC community (student, faculty, staff, guests) on Mountain View College property or at a Mountain View College function (including off campus). Title IX Focus: Sexual Misconduct
- 11. • “Sexual harassment is any unwelcome sexual or gender-based direct or indirect verbal, written, online, and/or physical contact. • Sexual harassment creates a hostile environment. • It has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the College’s education, social and/or on or off campus programs. • Based on power differentials (quid pro quo), this creation of a hostile environment or retaliation. • The determination of whether an environment is “hostile” must be based on one or more of the following 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 Sexual Harassment MOUNTAIN VIEW COLLEGE 9/2/2016
- 12. 9/2/2016MOUNTAIN VIEW COLLEGE • A professor insists that a student have sex with him/her in exchange for a good grade. • A student repeatedly sends sexually oriented jokes around on an email list she/he created, even when asked to stop, causing one recipient to avoid the sender on campus and in the residence hall in which they both live. • Explicit sexual pictures are displayed in a professor’s office, on the exterior of a residence hall door or on a computer monitor in a public space. • Two supervisors frequently ‘rate’ several employees’ bodies and sex appeal, commenting suggestively about their clothing and appearance. • A professor engages students in discussions in class about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. She probes for explicit details, and demands that students answer her, though they are clearly uncomfortable and hesitant. • An ex‐girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend, turning him into a social pariah on campus. • A student grabbed another student by the hair, then grabbed her breast and put his mouth on it. Examples of Sexual Harassment
- 13. • Any unwanted sexual contact (touching, kissing, fondling or intercourse) committed without consent of the individual or against an individual who cannot reasonably consent Sexual Assault MOUNTAIN VIEW COLLEGE 9/2/2016
- 14. • The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: –fear for his or her safety or the safety of others; or –suffer substantial emotional distress. Stalking (Violence Against Women Act-VAWA) MOUNTAIN VIEW COLLEGE 9/2/2016
- 15. • Violence committed by a person • Who is or has been in a social relationship of a romantic or intimate nature with the victim • Where the existence of such a relationship shall be determined based on a consideration of the following factors: ▫ length of relationship ▫ type of relationship ▫ frequency of interaction between persons involved in the relationship • 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 Dating Violence MOUNTAIN VIEW COLLEGE 9/2/2016
- 16. • 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 Domestic (Family) Violence MOUNTAIN VIEW COLLEGE 9/2/2016
- 17. • Definition: A clear and unambiguous agreement, expressed in mutually understandable words or actions, to engage in a particular activity. • Ongoing – Must seek consent for every step of sexual activity • Active Agreement – Seek Nonverbal (active participation) – Verbal Consent (Will you? Why yes!) • Respectful & 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.”” Let’s Talk Consent MOUNTAIN VIEW COLLEGE 9/2/2016
- 18. • 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 • Under VAWA, we are mandated to: Report domestic violence, dating violence, and stalking, beyond crime categories the Clery Act already mandates; Adopt certain student discipline procedures, such as for notifying purported victims of their rights; and Adopt certain institutional policies to address and prevent campus sexual violence, such as to train in particular respects pertinent institutional personnel. Hate Crimes (VAWA) MOUNTAIN VIEW COLLEGE 9/2/2016
- 21. • Reporting Choices: ▫ Complainant can report to the College (Title IX Coordinator, Vice President of Student Success and Enrollment Manager, Director of Human Resources, Dean of Student Services, Dean of Student Support, or other MVC staff/faculty) ▫ Can refuse to participate in investigation that has been started • Complainant can request confidentiality of their identity and the Title IX Coordinator/Investigator will honor request as much as possible • Complainant can report to law enforcement (MVC or other agency) • Although these entities might work together, the investigations are separate and parallel processes. More Information for the Complainant MOUNTAIN VIEW COLLEGE 9/2/2016
- 22. • Counseling – Students, faculty and staff have a variety of options for counseling to help process their experience • Safety Planning– there are options on and off campus for a survivor to begin to feel more safe • Legal Help – Community legal resources are available What Kinds of Help Are Available? MOUNTAIN VIEW COLLEGE 9/2/2016
- 23. Who Do You Report To? • Complaint against student • Complaint against faculty/staff • Any confusion about to whom to report Dr. Rusty Fox, 214 860-8588 Dean of Student Success, Title IX Investigator Jessye Andrews, 214 860-8784 Director, Human Resources, Title IX Investigator Regina Garner, 214 860-8561 Associate Dean of Student Support, Title IX Coordinator MOUNTAIN VIEW COLLEGE 9/2/2016
- 25. • Title IX Coordinator and other key campus offices will work to enact immediate remedies to ensure safety of the complainant and others ▫ Criminal Trespass Warrant as needed for personal and campus safety ▫ Class Schedules ▫ No contact/protective orders • If the student has given enough information to trigger an investigation already or if the student wishes to have an investigation done, Title IX Investigators will begin to gather information, which may include talking to the complainant, the respondent, any “witnesses.” ▫ Both parties are able to have an advisor (MVC advocate, attorney) present What Happens Next? (College Side) MOUNTAIN VIEW COLLEGE 9/2/2016
- 26. • 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 request an appeal • The entire college process is to take no longer than 60 days (so action is quick) What Happens Next? (Campus Side Continued) MOUNTAIN VIEW COLLEGE 9/2/2016
- 27. • 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/receive. • Investigations where both Dean of Students and College Police are involved are done concurrently and collaboratively as much as possible. What Happens Next ? (Law Enforcement Side) MOUNTAIN VIEW COLLEGE 9/2/2016
- 30. 9/2/2016MOUNTAIN VIEW COLLEGE • Accommodations • With proper documentation, students who are pregnant or have given birth within six months will be entitled to assistance/accommodations. The accommodations vary pertaining to the type of pregnancy, medical documentation, as well as the academic program the student is enrolled. To ensure a pregnant student’s access to an educational format, when necessary, a program must make changes to the regular schedule that are reasonable and responsive to the student’s temporary pregnancy status. For example, a classroom might be required to provide a larger desk, or allow frequent trips to the water fountain or the bathroom. • As stated earlier, Title IX requires a school to excuse a student’s absences due to pregnancy or related conditions, including recovery from childbirth, with medical approval. A school may offer the student alternatives to making up missed work, such as retaking a semester, taking part in an online course credit recovery program, or allowing the student additional time in a program to continue at the same pace and finish at a later date, especially after longer periods of leave. The student should be allowed to choose how to make up the work as long as it doesn’t create an undue burden. • If some instructors have their own policies about class attendance and make‐up work then they must make sure their policies do not conflict with Title IX. The instructor’s policies can be more lax than the Title IX policy, but it cannot be more restrictive. MGA must ensure that the policies and practices of individual teachers do not discriminate against pregnant students. For example, a teacher may not refuse to allow a student to submit work after a deadline that she missed because of absences due to pregnancy or childbirth. Additionally, if a teacher’s grading is based in part on class attendance or participation, the student should be allowed to earn the credits she missed so that she can be reinstated to the status she had before the leave. The college must ensure that the teachers and staff are aware of and follow Title IX requirements. Pregnancy and the College Classroom
- 31. 9/2/2016MOUNTAIN VIEW COLLEGE • Title IX protects students in all of the academic, educational, extracurricular, athletic, and other programs or activities of schools. This includes prohibiting discrimination against pregnant and parenting students. • As with any student with a medical condition and following the policies of the MGA Office of Disability Services, the pregnant student is required to produce medical documentation before any academic assistance (accommodations) will be considered and/or granted. • Instructors will not grant pregnancy accommodations without the proper documentation from the Office of Disability Services. • In accordance to Student Pregnancy Policy by the Office of Civil Right (OCR), MGA must excuse a student’s absences because of pregnancy or childbirth for as long as the student’s doctor deems the absences medically necessary. In addition, when a student returns to school, she must be allowed to return to the same academic and extracurricular status as before her medical leave began. As policy, the Office of Disability Services provides accommodations to students who have temporary medical conditions; therefore we will give assistance to the properly‐documented pregnant student. • MVC cannot and will not require a pregnant student to obtain a doctor’s permission before allowing her to attend school late in her pregnancy unless the student is asking for assistance or has a “high risk” pregnancy. If the college instructor is worried about the health or safety of a student, it is perfectly acceptable for the instructor to inquire about the student’s limitation but only when it pertains to their classroom and the student’ successful completion of the course. Pregnancy and the College Classroom
- 32. 9/2/2016MOUNTAIN VIEW COLLEGE • Duties and Responsibilities • Student ▫ 1. Review Student Pregnancy Policy. ▫ 2. Request Assistance due to pregnancy. ▫ 3. Have Health Care Provider complete paperwork. ▫ 4. Submit paperwork to the Office of Disability Services. ▫ 5. Upon approval, give documentation letters to instructors. ▫ 6. Return signed documentation paperwork to Office of Disability Services. ▫ 7. As changes occur in pregnancy and accommodations are upgraded, update steps 3‐5. ▫ 8. Assist your instructor in charting an action plan for the semester, which includes deadlines and expectations. Pregnancy and the College Classroom
- 33. 9/2/2016MOUNTAIN VIEW COLLEGE • Instructor • 1. If student asks for academic assistance due to a pregnancy, refer student to the Office of Disabilities website www.mga.edu/disability‐services/ • 2. When the documentation letter is received from the Office of Disability Services, talk to the student about the accommodations. • 3. Chart an action plan for the semester with the student, include deadlines and expectations. • 4. If changes are needed to the accommodation, contact the Office of Disability Services as soon as possible. • 5. Sign and return documentation to the Office of Disability Services. Pregnancy and the College Classroom
- 34. 9/2/2016MOUNTAIN VIEW COLLEGE • At the district level, policies are being revised and udated to reflect the most current state and federal mandates. • Training for students will be held during Fall 2016 • Each DCCCD campus is responsible for compliance What is next on campus and at District
- 36. Thank you for taking the time and your investment in the students and community of Mountain View College MOUNTAIN VIEW COLLEGE 9/2/2016
- 38. 9/2/2016MOUNTAIN VIEW COLLEGE Resources • White House Task Force Report • Office of Civil Rights (OCR) FAQ’s April 2014 • 2001 Revised Sexual Harassment Guidance • Dear Colleague Letter of April 4, 2011