Title IX: Not Just About Women’s Soccer Higher Education Hot Topic Title IX: Not Just About Women’s Soccer

Current Laws Title IX of the US Education Act of 1972: Has never been just about athletics Title IX of the US Education Act of 1972: 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

Current Laws- How did we get here? Dear Colleague” Letters April 2011 April 2014 September 2017 “Violence Against Women Reauthorization- March 2013 Campus Sexual Violence Elimination (SaVE) Act- May 2013 Creates an update to the Jeanne Clery Disclosure Act

Enforcement These laws are enforced by the Department of Education's Office of Civil Rights- “OCR” As of July 2016, 246 colleges and universities were under Title IX sexual violence investigations OCR can issue fines, but the legal costs are generally more and negative public relations are very serious These laws have not changed, despite changes to Department of Education staff, and recent actions by the OCR

What is Sexual Harassment? Making sure we all have the same understanding

– (2006 OCR Sexual Harassment Guidance) Severe, persistent or pervasive unwelcome conduct of a sexual nature that denies or limits a student’s ability to participate in or benefit from the school’s programs and/or activities.” – (2006 OCR Sexual Harassment Guidance) Key Words Barrier to Education Unwanted Severe, persistent or pervasive

Sexual Harassment Includes… Sexual Assault Domestic Violence Stalking Gender discrimination Retaliation

Gender Discrimination Can include: Unwelcome sexual advances Sexual comments or jokes Leering, whistling, gestures, or suggestions and offensive comments Direct or implied requests for sexual favors in exchange for benefit Questions about sexual history or experiences Can be targeted toward: Same or opposite gender Gender roles Sexual orientation Gender identity and expression

Sexual Assault Statistics

Sexual Assault Statistics

Consent Affirmative consent must be freely given Consent cannot be forced or coerced Consent to one act does not constitute consent to another act The existence of a dating or marital relationship, or past sexual relations does not equal consent A person incapacitated by drugs and alcohol cannot consent Silence does not equal consent Consent can be withdrawn at any time

Consent

- US Department of Justice Definition Domestic Violence “A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.” “Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, or gender. Domestic violence affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or dating.” - US Department of Justice Definition

Stalking “Stalking involves repeated and continued harassment made against the expressed wishes of another person and/or making a threat intending to place that person in imminent fear of death or injury.”

Social Media 94% of college students use social media 25% of stalkers use social media to find and/or harass their target 22% of US teens report being cyber stalked or humiliated

Controversy Preponderance of Evidence Standard Police involvement Transcript documentation Right to Legal Council Right to cross examine witnesses and/or complainant

Questions/Comments/Discussion