Title IX & Relevant Legislation overview Jordan Draper, Title IX Coordinator, TCNJ

Title IX in the News Stanford University Baylor University Columbia University “Carry the Weight” Campaign Florida State University University of Virginia The Hunting Ground Movie Others??

What is Title IX? “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.”

2011 “Dear Colleague” Letter A “significant guidance document” issued by the OCR Expands upon 2001 Revised Sexual Harassment Guidance OCR advises recipients to: Grievance procedures must be prompt and equitable Investigation must be adequate, reliable, and impartial Both parties must have opportunity to present witnesses and other evidence Both parties must be afforded similar and timely access to any information that will be used at hearing All persons involved must have training or experience in handling complaints of sexual harassment and sexual violence and in the college’s grievance procedures

Jeanne Clery Act (VAWA) The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act (Clery Act), 20 U.S.C. § 1092(f), enacted in 1990, requires schools that receive federal financial assistance—either directly or indirectly—to maintain and publish information about crime on or near their campus The purpose of the Clery Act is to provide students, their families, and employees with accurate, complete, and timely information about campus safety to better inform future decisions Disciplinary procedures for sexual assault, dating violence, domestic violence and stalking must provide “prompt, fair and impartial investigation and resolution” Proceedings (including investigations) must be conducted by persons who receive annual training on issues related to these crimes/violations Both parties entitled to same opportunities to have others present, including the opportunity to be accompanied by an advisor of their choice Both parties shall be simultaneously informed in writing of Outcome Appeals procedures Any change to the results that occurs prior to final resolution When results become final

What does Title IX mean? Prohibits sexual harassment, including sexual violence and all forms of sexual misconduct Places obligations on institutions regardless of any law enforcement action School must provide appropriate interim remedies to address safety and well-being of both parties prior to the final outcome of the investigation If a school knows or reasonably should have known about sexual harassment (including sexual violence), the school must take immediate action to eliminate the harassment prevent its occurrence address its effects Protects faculty, staff, students and third parties

Scope of Title IX Sex discrimination and harassment Verbal Physical Electronic Sexual violence Rape Sexual Assault Exploitation Stalking Cyberstalking Interpersonal violence Intimate partner violence Domestic violence Dating violence Relationship violence Retaliation Gender-based discrimination and harassment

What does the Title IX Office do? Initial Meetings Meet with both parties to describe rights, resources, and options for investigations (college and criminal) Interim Measures Designed to help students who may need support from the college Can be assigned with or without moving forward Investigations Meet with reporters and respondents to go over their rights through the Title IX Process Conduct or advise all investigations Training & Education Online Trainings In-person trainings Investigator trainings

What do you have to do as an RE? Report ALL information to Title IX Coordinator Name of Victim Name of Alleged Person All details regarding the incident Report information immediately TCNJ is “on notice” once you know this information so contact the Title IX Coordinator within 24 hours of receiving the report Report through… Email: draperj@tcnj.edu Phone: 609-771-3266 Online Reporting System: titleix.tcnj.edu “File a Report” Be caring & compassionate REPORT: STALKING SEXUAL ASSAULT DATING VIOLENCE DOMESTIC VIOLENCE SEXUAL HARASSMENT

Faculty/Staff Roles We do not want you to serve as a mental health professional If you are unsure how to proceed, you can call Anti-Violence Initiatives for advice while still keeping confidentiality You will not be required to share the student’s name or information You can also ask the student if you can call together to learn about resources and options they can access if they would like to You are chosen because you are trusted Your student wants you to listen and believe TCNJ wants you to listen, support and encourage the student to receive help from an appropriate mental health professional Please respect the student’s right to privacy Provide the student with information about the resources available Research supports that the response of the first person a student discloses to has a great deal of impact on the outcome. -Consider contacting AVI and asking them to join the conversation with the student’s consent

What happens after an incident is reported to the TIX Coordinator? Initial assessment Gather enough information to determine if this is a Title IX case Written notice to Reporter of reporting options and support services Interim measures/accommodations Consider requests for confidentiality Repeat offenders Accused poses an imminent threat of danger to the complainant or the community Accused has access to a vulnerable community Determine if Reporter will participate in investigation Written notice to both parties of investigation Process; rights of parties; advisors Refer to flowchart As investigators we may know about some of the interim measures/ accommodations so during the interview we can ask if there have been any issues or if the students have any questions we can answer or get more information on…

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