Title IX

Title IX of the Education Amendments of 1972 is a Federal law prohibiting discrimination on the basis of sex in all education programs and activities operated by recipients of federal funds. It 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 educational program or activity receiving Federal financial assistance.”

“We’re taking new steps to help our nation’s schools, universities and colleges end the cycle of sexual violence on campus. --Vice President Joe Biden April 4, 2011

Resources: GMC Gender-based Misconduct Resource Guide GMC Gender-based Misconduct Policy Title IX Enforcement Highlights (Dept of Education, Office of Civil Rights)

Sexual Harassment Unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from GMC’s educational program and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.

Gender-based Misconduct Georgia Military College policy prohibits: Sexual Harassment Non-consensual sexual contact Non-consensual sexual intercourse Sexual exploitation Retaliating against someone reporting misconduct

Georgia Military College’s Response In response to allegations of gender-based misconduct, GMC will take these actions: Inform the victim of options (formal/informal) Conduct a prompt & thorough investigation Take corrective action, if appropriate Keep information confidential to the extent that we can

How to Report Title IX Coordinator—Dean of Students in Milledgeville Deputy Title IX Coordinator—Assistant Director—all other campuses Tell your advisor Online at _________________________ Report in person, by , phone, or online!

Consent Consent is knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity.

Consent By definition, it cannot include the use of force or coercion and both parties must have the capacity to consent (age, mental awareness, presence of mind) In Georgia, at least 16 years old Cannot be drunk/drugged to incapacitation Cannot be sleep deprived Cannot be mentally handicapped

Possible Consequences Criminal—jail Civil—$ Academic—negative grade impact Housing—moved Athletic—dropped Student Disciplinary Record (Up to expulsion)

Possible Consequences of Lying During an Investigation Violates Code of Conduct— separate/additional offense

Equitable process Both complainant and respondent have the same rights— providing evidence having witnesses right to appeal Both will be notified simultaneously of the results of the process

Standard of proof? Beyond a Reasonable Doubt Clear & Convincing More Likely than Not

Standard of proof More Likely than Not

Likelihood of harassment/violence Alcohol/drug use = Significant Increase Victim will not be sanctioned Does not excuse Perpetrator

Off-campus Misconduct Georgia Military College has jurisdiction and will take action if we control any of the individuals, the location, the venue, or it creates a hostile environment on campus.

Examples of Gender-based Misconduct Unwelcome physical contact (touching) Persistent, unwelcome requests for sexual favors Romantic/sexual contact from anyone who grades, advises, or supervises you Offensive sexual questions, jokes, or stories Sexually explicit material in the classroom without an educational or work-related purpose

Let’s look at a few examples to determine if GMC policy was violated and/or whether consent was given….

Vignette Bruce & Demi met at a movie and started to date off & on. One night, they went out drinking. After the bars closed, they went to Demi’s dorm room. Bruce was more drunk than Demi and engaged in sex despite her objections. Bruce argues that if it was non-consensual sex, it was not his fault because of how drunk he was. He believes that he was so drunk that he didn’t know that he was having sex, let alone that it was something she did not want.—Was GMC policy violated?

Bruce & Demi The policy was violated because she did not consent. She very likely did not have the capacity to consent even if she wanted to do so. Bruce’s sexual assault is not excused by his use of alcohol or drugs. However, he may be subject to additional Code of Conduct penalties.

Vignette Frazier is Lilith's first boyfriend and she is a virgin. They have been petting/fooling around for some months and Frazier thinks she is ready for sex. He knows that she is shy and embarrassed to talk about sex. He usually keeps petting/fooling around until she stops him. One night, after kissing, she puts his hand on her breast. Not sure if it is okay to put his hand up her skirt, he goes very slowly from her knee up her leg. She continues to kiss him. He touches her underwear and then penetrates her with his finger. She slaps him, pushed him away and tells him to leave. The next day, she charges him with non-consensual sexual contact. Was our policy violated?

Frazier & Lilith The policy was violated. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). Consent requires knowing, voluntary, and clear permission by word or action

Vignette Will and Jada meet at a party and Jada drinks to excess and is clearly incapacitated. Will starts to take her upstairs when her friends confront them and offer to take her home arguing that she is too drunk. Will leaves it up to her, she stays and the friends leave, and Will & Jada have sex. She tells her friends about it later. They offer to be witnesses to her incapacitation so the college charges Will with non-consensual sexual intercourse. Jada refuses to file charges but appears as a witness for Will. She says she likes Will and wanted to have sex that night but, when questioned, she does not remember much about that night. Did Will violate GMC policy?

Will and Jada The policy was violated. Jada’s consumption of alcohol and subsequent incapacitation made her unable to give consent, even if she wanted to have sex with Will.

The problem is bigger than you think! National studies show that at a typical college or university, one could expect about 6% of the male population to have committed rape or attempted rape and 4% are considered serial rapists (3 or more). Over 90% of rapes/attempted rapes are done by the 4% of serial rapists. Nationally, 20% of female college students and 6% of male college students will be sexually assaulted. In the Fall of 2013, GMC had 7177 students. That statistically reflects the likelihood of 168 rapists with 876 female victims and 168 male victims. The risk is too great! We must take steps to stop this trend!

Student Groups Core sex offenders—aggressively investigate & prosecute! Facilitators—targeted education & disciplinary action Bystanders—education & engagement programs Victims—prevent attacks, medical/psychological care, provide remedies, and empower

Bystanders See Something, Say Something! Recognize signs of sexual abuse Help as you would like to be helped in a similar situation!

Consequences of Retaliation Criminal—jail Civil—$ Administrative—expulsion Even if someone is found not guilty of a policy violation of Gender-based Misconduct, being found guilty of retaliation will carry an equally severe penalty up to and including expulsion (students) and termination (employees)

“The steady movement to a more fair and just society plays out every day in the classrooms, colleges and universities all across America—and I believe that the only way to achieve equity in society is to achieve equity in the classroom.” --Secretary of Education Arne Duncan July 14, 2010

Georgia Military College is absolutely committed to being a Gateway by which ALL students can achieve their dreams.