Western New England University Title ix policy Cheryl Smith, Title IX Coordinator, General Counsel (413) 782-1542 cheryl.smith@wne.edu Sean Burke, Deputy Title IX Coordinator, Associate Director of Residence Life (413) 782-1316 sean.burke@wne.edu Lori Mayhew-Wood, Deputy Title IX Coordinator, Assistant Director of Athletics (413) 796-2230 lori.mayhew@wne.edu

What is Title IX? Title IX of the Education Amendments of 1972 (“Title IX”), is a Federal civil rights law. It prohibits discrimination on the basis of sex in both educational programs and activities. Sex discrimination encompasses: Sexual Violence Sexual Harassment

Discrimination Simplified The university does not discriminate on the basis of: Sex Race Color Creed Age National Origin Sexual orientation Genetics Gender Identity Veteran Status Disability Gender Expression

Relationship Between Internal/External Law “The Law of Higher Education,” by William A. Kaplan & Barbara A. Lee

The Legal Relationships in Higher Education “The Law of Higher Education,” by William A. Kaplan & Barbara A. Lee

Title IX University Compliance Policy/Complaint Process Assessment Adjudication/Determination of outcome Training and Education Title IX Cycle Investigation Reporting Title IX requires that IMMEDIATE and APPROPRIATE steps be taken by the school once notified of possible discrimination, sexual harassment, or misconduct.

Title IX Policy Guidance Advisors (representing parties) at the table are permitted An Advisor may be a member of the University community, outside legal counsel (retained at student’s expense), a friend, or a family member. Disclosure of sanctions to complainant Require that every agent and employee of the institution must report and the institute must investigate – “Responsible Employee” Training for the entire University community Complaint and Investigation process is the same for all students, undergraduate, graduate, and professional Complaint and Investigation process is the same for faculty, staff, and administration

Responsible Employee status All employees, including RA’s, are considered responsible employees concerning incidents involving discrimination, harassment, and sexual violence covered by Title IX. Exception for EMPLOYEES WITH PRIVILEGE Employees with privilege must be hired for the role, and acting in the role, at the time the report is taken to be exempt from the mandatory reporter status. Examples of Employees with Privilege are on-Campus mental health counselors, campus health service providers, and on-campus members of the clergy and chaplains

Reporting Managers, coaches, supervisors, faculty, staff, and any other agent of the University are required to respond promptly and appropriately to allegations of Title IX offenses (including, but not limited to, sexual assault, sexual harassment, stalking, dating violence and domestic violence).

Who Should report? Reporting is mandatory for all responsible employees on campus. The University’s definition of a responsible person is someone that: 1. has the authority to take action to redress the harassment 2. has the duty to report harassment or other types of misconduct to appropriate officials 3. a student could reasonably believe has the authority or responsibility to take action

How to report Visit https://www1.wne.edu/title-ix/titleix- reportingform-1.pdf to find the Title IX reporting form.

Required Action Investigate the allegations - Investigation should be thorough, reliable, and impartial Take prompt and effective action to prevent the harassment that may be occurring Take interim measures, such as: moving a student to a different dorm/work space, adjusting a work schedule/class schedule, or getting a University “No Contact” order Take preventative measures to make sure that the conduct does not occur again

OCR guidance as of 9/22/2017 Schools must address “sexual misconduct that is severe, persistent, or pervasive.” Schools must “conduct a fair and impartial investigation in a timely manner”; 60 Restriction is lifted. Schools have the “discretion to apply either the preponderance of the evidence standard or the clear and convincing evidence standard.” Schools are “not required to allow appeals”; however, a school may choose to allow appeals “solely by the responding party or by both parties.” Schools may permit “an informal resolution, such as mediation, if it is appropriate and if all parties voluntarily agree.” Schools should provide “written notice to the responding party with allegations, including sufficient details and with adequate time to prepare a response before any initial interview.” https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/rr/policyguidance/sex.html​

Principal Allegations Made in Complaint/Suits Title IX Compliance Litigation against Educational Institutions Plaintiff demand letters requesting action by the University, which may not have resulted in lawsuits or OCR claims: 44% Office of Civil Rights (OCR) complaint: 28% Respondent Lawsuit: 17% Complainant Lawsuit: 11% Principal Allegations Made in Complaint/Suits By Respondent By Complainant Title IX Complaints 57% 72% Negligence 79% 40% Breach of Contract 32% Fraud - 28% Intentional Infliction of Emotional Distress 5% Due Process Violations 50%

Snapshot of Sexual Assault Statistics Respondent Characteristics Complainant Characteristics Male: 99% 84% were students at the same institution as the Complainant 15% were athletes 10% were members of a fraternity 60% assaults occur on campus 41% at same off campus party 7% withdrew prior to adjudication outcome 45% were found responsible Women: 94% 73% were 1st and 2nd year students 90% knew Respondents 40% delayed reporting Average delay in reporting: 11.3 months 20% did not ask universities to investigate “Confronting Campus Sexual Assault: An examination of higher education claims by EduRisk (United Educators) ~2015

Options for Resolution Informal Resolution Formal Resolution Student Code of Conduct Violation

Informal Resolution When the Title IX Coordinator, after consultation with the Deputy Title IX Coordinator(s), believes that the alleged act is not sexual assault/violence, but may be a Title IX violation, both the Complainant and the Respondent will be given the option of informal resolution If both parties agree in writing, the informal resolution may be mediation, conducting educational programs, or modification to housing access, dining, and/or co- curricular schedule and activities.

Formal Resolution When the Title IX Coordinator, after consultation with the Deputy Title IX Coordinator(s), assess that it is more likely than not that a Title IX violation occurred, the case will be assigned to a Title IX investigator. The investigator will meet with both parties and may require production of materials, including but not limited to : Voicemails; Text Messages; Public Safety Reports; Cellular Communications; Social Media Messages; and Any other relevant records.

Student Code of Conduct Violation When the Title IX Coordinator, after consultation with the Deputy Title IX Coordinator(s), make a determination that the allegation is not a Title IX violation, the Title IX Coordinator will discuss the assessment with the Vice President of Student Affairs. Even if it is not a Title IX violation, it may be a Student Code of Conduct Violation. Conduct allegations can range from suspension or dismissal to conduct reviews. When the alleged conduct may be a violation(s) of the Student Code of Conduct, the Respondent has the right to an advisor. Advisors in these proceedings may not be legal counsel and must be a member of the University community.

WNE Title ix website https://www1.wne.edu/title-ix/?wr=1 What’s Here? Title IX Policy Reporting Form Administrative Educational Review Flowchart Contact Information

Bystanders can help! Ignoring a problem won’t make it go away – trust your instincts Immediately address unwanted, unconsented to comments and conduct. BE PROACTIVE BE KNOWLEDEGABLE The University will assess each complaint and determine if there is imminent danger and/or a need to alert others.

Protections The University prohibits any form of retaliation against a Complainant or Respondent. Any allegations of retaliation will result in an immediate investigation and appropriate action consistent with the University’s procedures. Examples of retaliation: Pressuring a complainant to with draw the complaint; sending unwelcome messages either directly, through acquaintances, or electronically; lowering an academic grade; stalking or threatening behavior; issuing a poor performance report; failing to provide campus services such as housing, billing, and or registration; changing a work schedule and/or work duties.

Off-campus resources Information of local off-campus resources are posted throughout campus. The local police are always a reliable resource Springfield Police Department - (413) 787-6326 NOTE: The University has a responsibility to investigate and respond to sexual assault, misconduct, or violence whether or not local law enforcement is pursuing criminal charges on the matter.

Other Laws and Resources Jeanne Clery Act of 1990: Requires institutions of higher education to provide timely, accurate, and honest reporting of criminal activity as well as publish safety policies and procedures and emergency plans on campus. Clery was last amended in 2013 – VAWA Amendments

Other Laws and Resources Violence Against Women Act (VAWA) Required colleges and universities to include in their annual security report incidents of domestic violence, dating violence, and stalking reported to campus security authorities or local police agencies Addresses the most extreme cases of sexual harassment 1. Sexual Assault (rape, statutory rape, fondling, incest) 2. Domestic Violence 3. Dating Violence 4. Stalking

Other Laws and Resources VAWA requires University’s to provide training to Students, Faculty, and Staff Presentations must include : 1. Definition of Crimes 2. Reporting Procedures 3. Complainants Rights 4. Bystander Intervention Complainant rights are applicable regardless of where it occurred (on/off-campus) or sexual preference VAWA requires Universities to protect and assist Complainants (students, faculty, and/or staff)

Other Laws and Resources Campus Sexual Violence Elimination Act (SaVE Act): - Campus crime reports must include reports of stalking and domestic/dating violence - Schools must provide prevention and awareness programs for all incoming students and new employees - Schools must have a robust policy for addressing sexual assault, and rape prevention training.

Other Laws and Resources CLERY, VAWA, and Title IX work together to enhance community safety. Medical, Mental, and Emotional Assistance are available on and off-campus