Title IX Review / Bystander Intervention Staff Day – August 12, 2015 Eduardo Salaz, Associate Vice President and Chief Human Resources Officer and Evette Castillo Clark, Dean of Students Eduardo Federal requirement = to create a Bystander Intervention Program August 12, 2015

Objectives Title IX Context and Scope Bystander Intervention - It's On Us / Video Table Discussion Brief Report Out Eduardo August 12, 2015

Things to Know National statistics indicate that 1 in 6 women and 1 in 33 men will experience a sexual assault at some point in their lifetime. 1 in 4 women and 1 in 9 men will experience some form of relationship violence. College age women are more likely to be sexually assaulted than women in any other age group. Statistics show that students are most vulnerable during the first month of their first year on a college campus. Over 80% of sexual assaults are committed by someone known to the victim. On a college campus, this number is even higher. Evette August 12, 2015

One sentence, 37 Words “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational program or activity receiving Federal financial assistance.” Title IX of the Education Amendments of 1972. Eduardo Title IX Refresher August 12, 2015

Scope Protects students and employees from sexual harassment by any school employee, student, or non-employee third party Protects third parties from sexual harassment or violence in a school’s education programs and activities (e.g., high school/undergraduate students participating in recruitment programs, those visiting in residence halls, etc.). Eduardo August 12, 2015

Scope Protects students in connection with all academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school’s facilities, on a school’s bus, at a class or training program sponsored by the school at another location, or elsewhere. Protects students from the continuing effects of off- campus sexual harassment in the educational setting. Eduardo August 12, 2015

Notice Under Title IX, if a school knows or reasonably should know about sexual harassment that creates a hostile environment, the school must eliminate the harassment, prevent its recurrence and address its effects. A school violates Title IX if it has “notice” of a sexually hostile environment and fails to take immediate and corrective action. Evette August 12, 2015

Notice Universities are deemed to have notice if a responsible employee knew, or in the exercise of reasonable care, should have known about the harassment. A responsible employee includes any employee who: Has the authority to take action to redress the harassment; Has the duty to report to appropriate school officials sexual harassment or any other misconduct by students or employees; or A student could reasonably believe has the authority or responsibility to take action. Evette Staff and faculty are Responsible Employees! August 12, 2015

Affirmative Consent - defined Consent – is unambiguous, affirmative, fully conscious, and mutual. Consent must be cooperative, willing, voluntary, and sober. Evette Passing of SB967 August 12, 2015

Passive Bystander Those who choose to do nothing Evette August 12, 2015

Bystander Anyone in the community who sees or hears about a behavior that could lead to something high risk or harmful. Every bystander faces the same choice: “Do I get involved and try to make things better? Or do I ignore the situation?” Evette Term used to describe actions taken by individuals to prevent or to stop sexual harassment. August 12, 2015

It’s On Us Bystander Individuals who DO SOMETHING to decrease the likelihood that something bad – like a red dot - will occur or get worse. Evette August 12, 2015

The New Norms Violence is not okay. Everyone is expected to do their part. Evette August 12, 2015

3 Ways to be an It's On Us Bystander Direct: if you see a concerning behavior, and are comfortable intervening, you interact with the people directly involved Delegate: If you feel uncomfortable, or feel like you’re not the right person to handle it, you can delegate to someone else: another colleague, a supervisor, Public Safety Distract: divert the person’s attention elsewhere. Send a text message, or say you really need to talk to them Evette August 12, 2015

https://youtu.be/iUj2OHLAG3w http://www.stmarys-ca.edu/smcares It’s On Us https://youtu.be/iUj2OHLAG3w Evette Show Video from SMCares/It’s On Us website (8 mins.) August 12, 2015

What are your initial reactions? Who in the video do you most relate to? How can you be an active bystander? What is 1 take-away from today? Eduardo Just some questions at the table...don't have to answer all. 10 min. discussions 5 mins. a few tables to Report Out August 12, 2015

Thank you Resources: Eduardo Salaz, Title IX Coordinator Evette Castillo Clark, Title IX Deputy (for students) Peter Chen, Title IX Deputy (for staff and faculty) Title IX Committee Title IX website SMCares website (Red Folder) Eduardo SMCares Website: It's On Us Bystander Intervention Program and Red Folder August 12, 2015