UNIVERSITY COMPLIANCE TRAINERS Addressing Sexual Misconduct and Other Crimes on Campus: Title VII, TITLE IX and Clery Requirements Doreen M. Tobin, D.Ed. Vice President for Student Affairs/ Title IX Coordinator Patricia A. Kashner, M.P.A. Assistant to the Vice President for Student Affairs/ Deputy Title IX Coordinator Lonnie J. Allbaugh, J.D. Director of Employee Relations & Compliance Corporal Michael Flaherty University Police UNIVERSITY COMPLIANCE TRAINERS

Federal Mandates Regarding Campus Crime Intersecting legislation and task force reports address sexual misconduct and other crimes on college and university campuses Title VII Title IX Violence Against Women Act (VAWA) Not Alone: White House Report Act 104 Campus SaVE Act (Clery Part II) Clery Act

Title VII Prohibitions: Workplace Harassment Hostile Environment Promoting equity, diversity and inclusion in the workplace to build a stronger University. Prohibitions: Workplace Harassment Hostile Environment Retaliation

Workplace Harassment Defined Unwelcome verbal or physical conduct based on: Race Color Religion Sex (regardless of whether it is of a sexual nature) Sexual orientation National origin Age Disability Retaliation that is sufficiently offensive to alter the conditions of the victim’s employment This standard is met when: The conduct culminates in a tangible employment action or The conduct is severe or pervasive

Prevention of Harassment Avoid initiation or participating in any behavior that may be misconstrued as possible harassment

Retaliation Intimidated or threatened by the alleged or actual harasser Intimidated or threatened by others at the direction of the alleged or actual harasser or by associates of him/her

Title IX 1972 Landmark civil rights protection Title IX is applicable to all campus constituencies, though it is perceived to primarily be a student issue Applies to males and females, including gender non-conforming individuals

Title IX Focus: Sex-Based Misconduct Provides protection from all forms of sexual misconduct including: sex-based discrimination, harassment, or gender violence at any educational institution receiving federal funding Sexual Misconduct: All forms of harassment and violence that are sexual in nature Sex-Based Harassment: Stalking, voyeurism, exhibitionism, verbal or physical abuse or threats thereof Sex-Based Violence: Intimate partner or domestic partner violence, dating violence, attempted or completed rape, and other forms of sexual assault

Clery Act Clery Act crimes need to be reported: Criminal homicide Sex offenses (forcible & non-forcible) Robbery Aggravated assault Burglary Motor vehicle theft Arson Manslaughter Hate Crimes Domestic violence, dating violence, stalking Arrests or persons referred to campus disciplinary action for liquor law and drug related violations & illegal weapons possession Hate crimes are those from the list of Clery reportable crimes, plus: larceny-theft simple assault intimidation and destruction damage or vandalism of property other crimes involving bodily injury to any person where the victim is intentionally selected because of the actual or perceived race, gender, religion, national origin, sexual orientation, gender identity, ethnicity or disability of the victim The determination of a hate crime is not your job. Report the incident & all information to the Clery coordinator, who will make the determination.

Definitions Sex-Based Misconduct & Sex Discrimination are defined as: Any sex-based circumstances/events that deny or limit an individual’s ability to participate in or receive benefits, services, or opportunities in the university’s programs: academic programs, internships, sports, housing, admissions, health services, etc.

University Responsibilities Under Title IX and Clery Policy and Process: Maintain and advertise University policies, resources & services aimed at addressing any instances of sexual misconduct and other campus crimes Identify individuals who serve as ESU’s Responsible Employees/CSAs Publish & distribute an annual Campus Security Report by October 1st of each year Support & keep an up-to-date daily log of all reported crimes Adopt and publish reporting and grievance procedures for the timely resolution of complaints Provide victims with on and off campus resources & services; Take expedient action to assure victim/complainant can continue education free of sex discrimination, sexual harassment or sexual violence

University Responsibilities Under Title IX and Clery Notification: Immediate notification to the campus community is required for crimes that pose a serious and ongoing threat Immediate notification is sent out through text message alert, siren system activation or through notification on the ESU homepage The campus must be notified in a timely manner (usually within 24 hours of a threatening incident) ‘Timely Warning’ notification may be given by voicemail, email, information bulletins, newspaper announcements, etc. These notifications are important as they make the campus aware of incidents and may prevent someone else from being harmed

University Responsibilities Under Title IX and Clery Training: Provide specific training for new and continuing students on what constitutes sexual misconduct Train individuals identified as Responsible Employees/CSAs on sexual misconduct, reportable crimes and campus reporting requirements Education: Programming Step Up Bystander Intervention Definitions Consent Resources: LiveSafe Women’s Resources of Monroe County Hotline 570.421.4200 ESU VOICE (ESU Women’s Center, 411 Normal Street, 570.422.3957 Shuttle Services, Safe Ride Program Accommodations

What it Means to be a Responsible Employee/CSA If someone tells you about a crime or an incident that might be a crime, record the information and submit a report Simply get the facts - experts will do the analysis To make a report, complete the ESU Title IX Report Form and forward it to the Title IX Coordinator, or complete the ESU Clery Incident Report Form and forward it to University Police When in doubt, report it Questions? Contact: Title IX Coordinator, 570-422-3463 or University Police CSA Coordinator, 570-422-3473

Faculty Responsibility Faculty must include information on syllabi. East Stroudsburg University and its faculty are committed to assuring a safe and productive educational environment for all students. In order to meet this commitment and to comply with Title IX of the Education Amendments of 1972 and guidance from the Office for Civil Rights, the University requires faculty members to report incidents of sexual violence shared by students to the University’s Title IX Coordinator. The only exceptions to the faculty member’s reporting obligation are when incidents of sexual violence are communicated by a student during a classroom discussion, in a writing assignment for a class, or as part of a University--approved research project. Faculty members are obligated to report sexual violence or any other abuse of a student who was, or is, a child (a person under 18 years of age) when the abuse allegedly occurred to the person designated in the University protection of minors policy. Information regarding the reporting of sexual violence and the resources that are available to victims of sexual violence is set forth at: Title IX: Sexual Harassment and Sexual Violence http://www4.esu.edu/titleix/

When Crimes Need to be Reported Report the crime whenever a victim or witness calls it to your attention. Be sure to document: When the crime or incident occurred When it was reported to you Clery requires that the crime be counted for the calendar year in which it is reported.

Report All Crimes Even if They Did Not Occur at ESU Any crime involving an ESU student while attending a University sponsored event, function or in conjunction with the educational process must be reported, no matter the location of the incident. Example 1: A student is assaulted while attending a university sponsored conference in another city. Example 2: A student is being sexually harassed during an academic internship at a local business.

Just Get the Facts __________________________ Clery and Title IX Coordinators will categorize the report; your job is to get the information the person is willing to tell you. Remember: You are not a detective You don’t have to prove what happened or who was at fault You are not supposed to find the perpetrator Clery: Use the report form provided by ESU. The identity of a victim is confidential, not required, and should not be included in your CSA report. Title IX: The victim must be identified, however, the victim can request anonymity from the Title IX Coordinator.

ESU Reporting, Resources & Services Options Reporting options University Police Title IX and deputy Title IX Coordinators Student Conduct Services Human Resources On Campus Resources University Health Services Counseling and Psychological Services Women’s Center and GLTBQA Center On Campus Services Academic, Housing, Employment and Transportation Adjustments Assistance with investigations, complaint and hearing options, protection from abuse orders, and filing criminal complaints

Title IX: http://www4.esu.edu/titleix/index.cfm Crime Reporting Contact University Police for non-emergencies (570) 422-3064; 911 for emergencies Title IX: http://www4.esu.edu/titleix/index.cfm Clery: http://www4.esu.edu/about/offices/police/index.cfm

Web Links Visit our websites for further information Title IX: http://www4.esu.edu/titleix/index.cfm Clery: http://www4.esu.edu/about/offices/police/index.cfm

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