Your Safety, Well-being, and Responsibility at USW Title IX Your Safety, Well-being, and Responsibility at USW Welcome to employee Title IX training for the University of the Southwest. USW takes sexual harassment, sex discrimination, and sexual violence seriously. The university will not tolerate any discrimination, harassment, or violence of any kind including, but not limited to, discrimination related to sex (including pregnancy and childbirth), sexual orientation, gender, gender identity, gender expression, and nonconformity with sex stereotypes. University disciplinary actions may include, but are not limited to, suspension, expulsion, or termination of employment.

Title IX: Protection from sex discrimination, sexual harassment, and sexual violence All students All faculty members All employees All visitors All students, faculty members, employees, and visitors are protected under Title IX of the Education Amendments of 1927, a Federal civil rights law that prohibits discrimination on the basis of sex – including pregnancy status – in educational in educational programs and activities. No officer, employee, or agent of the university shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under Title IX of the Education Amendments or the Violence Against Women Reauthorization Act of 2013.

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.” Title IX of the Education Amendments of 1972 protects students, faculty, employees, and visitors from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states: “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.” In 2001 and 2011, the Office of Civil Rights issued two Dear Colleague letters regarding Title IX. They clarified that sexual harassment is a form of sex discrimination. They further stated that sexual violence is a form of sexual harassment. Therefore, Title IX now covers both. In 2013, The Office of Civil Rights issued a Dear Colleague letter and accompanying pamphlet to clarify that it would be a violation of Title IX if a school discriminates against pregnant students or excludes them from participating in any part of a school’s educational program would be a violation of Title IX. Pregnant students must be treated the same as other similarly situated students, and it is the school’s responsibility to support pregnant and parenting students.

How was Title IX Started? Although Title IX is perhaps best known for its mission to achieve gender equity in athletic programming, Title IX’s protections are much broader in scope. Title IX began as a movement seeking equality for women in university sports programs and academics. Title IX joined in the women’s civil rights movement in the late 1960s and early 1970s to abolish inequalities that inhibited the advancement of women in education. Over time, the interpretation and application of Title IX has made significant advances in addressing sex discrimination, extending protection to all.

Categories of Conduct and Definitions The interpretation and application of Title IX are based on the concept of sex discrimination. The interpretation and application of Title IX is based on the concept of sex discrimination. For example, the US Supreme Court found that Title IX covers all sex or gender based discrimination in educational programs receiving federal financial assistance. Everyone, regardless of sexual orientation, gender identity, gender expression, or nonconformity with sex stereotypes is protected under Title IX irrespective of the gender of the harasser. The University of the Southwest is required to comply with Title IX regulations. All of our students, faculty, employees and visitors are protected under Title IX and there is no requirement that a student be involved in the sex discrimination, sexual harassment or sexual violence for the issue to fall under Title IX.

What is USW’s responsibility in terms of complying with Title IX regulations? Take immediate and appropriate action to investigate or otherwise determine what occurred. If sex discrimination, sexual harassment or sexual violence has occurred, take prompt and effective steps to end the behavior, prevent its reoccurrence, and address its effects; and take steps to protect the complainant as necessary, including interim steps taken prior to the final outcome of an investigation. Provide a grievance procedure for students, faculty, employees, and visitors to file complains of sex discrimination including complaints of sexual harassment or sexual violence. Grievance procedures must use the preponderance of evidence standard. Notify both the accuser and the accused simultaneously and in writing of: the outcome of the proceeding, appeal procedures, and when the result will become final. What is USW’s responsibility in terms of complying with Title IX regulations? We must …. Take immediate and appropriate action to investigate or otherwise determine what occurred. If sex discrimination, sexual harassment or sexual violence has occurred, we must …. take prompt and effective steps to end the sex discrimination, sexual harassment or sexual violence, prevent its reoccurrence, and address its effects; and take steps to protect the complainant as necessary, including interim steps taken prior to the final outcome of an investigation. We must …. Provide a grievance procedure for students, faculty, employees, and visitors to file complaints of sex discrimination including complaints of sexual harassment or sexual violence. In facilitating grievance procedures, we must … use the preponderance of evidence standard (in other words, it is more likely than not that an incident occurred) to resolve complaints of sex discrimination. We must …. Notify both the accuser and the accused simultaneously and in writing of: the outcome of the proceeding, appeal procedures, and when the result will become final.

What behaviors are covered by Title IX? Sex Discrimination Sexual Assault Sex Offenses Dating Violence Domestic Violence Stalking Sexual Harassment Other Related Behaviors Behavior that is covered by Title IX includes, but is not limited to the following areas: Sex discrimination … which encompasses Inappropriate language, humor and/or jokes, or common expressions that target or are discriminatory toward a specific gender, sexual orientation, gender expression, gender identity, or nonconformity to sex stereotypes Sexual assault … which is An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program. Sex offenses … Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent, such as: Rape – The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent of the victim. Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent. Dating violence … which is Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Domestic violence … which is A felony or misdemeanor crime of violence committed By a current or former spouse or intimate partner of the victim; By a person with whom the victim shares a child in common; By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. Stalking … which is Engaging in a course of conduct directed at a specific person that would cause a reasonable person to Fear for the person’s safety or the safety of others; or Suffer substantial emotional distress. For purposes of this definition: Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Incidents of stalking are based on the location where either the perpetrator engaged in the stalking or the victim became aware of the stalking. Sexual harassment … which is defined as Displaying inappropriate sexual images that are offensive and unwelcome Unwelcome, sex-based verbal or physical conduct Exchanging sexual images, sexual acts, or dating for grades or advancement Other behaviors … including Sexting: Unwelcome text messaging or sexual comments or images Cyberbullying: Use of an electronic medium to target and psychologically torment a person

Bystander Intervention If you see someone in danger of being assaulted: Step in and offer assistance Don’t leave If you know the perpetrator, tell the person you do not approve of his or her actions As a bystander, you may be able to use safe and positive options to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. According to the Rape, Abuse & Incest National Network (RAINN): If you see someone in danger of being assaulted: Step in and offer assistance. Ask if the person needs help. NOTE: Before stepping in, make sure to evaluate the risk. If it means putting yourself in danger, call instead. Don’t leave. If you remain at the scene and are a witness, the perpetrator is less likely to do anything. If you know the perpetrator, tell the person you do not approve of their actions. Ask the person to leave the potential victim alone.

Risk Reduction Be aware of your surroundings Try to avoid isolated areas Walk with purpose Trust your instincts Try not to load yourself down with packages or bags Make sure your cell phone is with you and charged Don’t allow yourself to be isolated with someone you don’t trust Avoid putting music headphones in both ears Although you cannot completely eliminate the risk of sexual assault, there are ways to help reduce your risk of being assaulted. According to RAINN: Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation. Try to avoid isolated areas. It is more difficult to get help if no one is around. Walk with purpose. Even if you don’t know where you are going, act like you do. Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn’t the best place to be. Try not to load yourself down with packages or bags as this can make you appear more vulnerable. Make sure your cell phone is with you and charged and that you have cab money. Don’t allow yourself to be isolated with someone you don’t trust or someone you don’t know. Avoid putting music headphones in both ears so you can be more aware of your surroundings, especially if you are walking alone. https://www.notalone.gov/students/

Reporting Sexual Violence Get to a safe place Dial 9-1-1 Accurately and promptly report the incident to police and pursue criminal charges Seek medical treatment as soon as possible, including the collection and preservation of evidence that may assist in obtaining a protection order or prove an offense occurred Access the support services provided by the university Report any incident to the Campus Security Authority (CSA) and/or the Title IX Coordinator The University of the Southwest encourages victims of sexual violence to: Get to a safe place. Dial 9-1-1. Accurately and promptly report the incident to the police and pursue criminal charges. Seek medical treatment as soon as possible, including the collection and preservation of evidence that may assist in obtaining a protection order or prove an offense occurred. Access the support services provided by the university. Report any incident to the Campus Security Authority (CSA) – Dr. Guerrero and/or Title IX Coordinator – Dr. Ferguson. The CSA and/or Title IX Coordinator will assist the victim with exercising his/her rights, regardless of whether the victim reports the crime to authorities. The victim has the option to notify proper law enforcement, be assisted by campus authorities with this process if they choose, and the option to decline notifying authorities. It is very important that the victim understand what happened was not his/her fault.

How can you support the success of pregnant students? When a student returned to school, she must be allowed to return to the same status as before her medical leave began. The student must be afforded the opportunity to make up missed work, including assignments and participation points awarded for attendance. Male students and same-sex partners of pregnant students should be excused as needed to support their partners who are experiencing pregnancy-related complications or childbirth. You may need to make adjustments that are reasonable and responsive to the student’s temporary pregnancy status. A student who discloses that she is having complications that require medical intervention must be referred to the Director of Student Services, Dr. Harris. The OCR clarified that Title IX requires a school to excuse absences due to pregnancy or related conditions, including recovery from childbirth, for as long as the student’s doctor deems the absences medically necessary. When the student returns to school, she must be allowed to return to the same status as before her medical leave began. To accomplish this, the student must be afforded the opportunity to make up any missed work, including assignments and participation points awarded for attendance. Male students and same-sex partners of pregnant students should be excused as needed to support their partners who are experiencing pregnancy-related complications or childbirth. To ensure a pregnant student’s access to classes, you may need to make adjustments that are reasonable and responsive to the student’s temporary pregnancy status, such as providing the student a larger desk or chair, allowing frequent trips to the bathroom, or permitting temporary access to elevators. A student who discloses that she is having complications that require medical intervention must be referred to the Director of Student Services, Dr. Mary Harris, to determine potential accommodation based on the temporary disability status.

Where can you get more information and support? Title IX Coordinator Dr. Jenelle Job FAS-116 Office | 575.492.2134 Mobile | 214.998.4753 Email | jjob@usw.edu Individuals with questions, concerns or who wish to file a complaint related to sex discrimination, sexual harassment, or sexual violence may contact the University’s Title IX Coordinator.