1. Title IX & Relevant Legislation overview
Jordan Draper, Title IX Coordinator, TCNJ

2. Title IX in the News Stanford University Baylor University
Columbia University
“Carry the Weight” Campaign
Florida State University
University of Virginia
The Hunting Ground Movie
Others??

3. 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.”

4. 2011 “Dear Colleague” Letter
A “significant guidance document” issued by the OCR
Expands upon 2001 Revised Sexual Harassment Guidance
OCR advises recipients to:
Grievance procedures must be prompt and equitable
Investigation must be adequate, reliable, and impartial
Both parties must have opportunity to present witnesses and other evidence
Both parties must be afforded similar and timely access to any information that will be used at hearing
All persons involved must have training or experience in handling complaints of sexual harassment and sexual violence and in the college’s grievance procedures

5. Jeanne Clery Act (VAWA)
The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act (Clery Act), 20 U.S.C. § 1092(f), enacted in 1990, requires schools that receive federal financial assistance—either directly or indirectly—to maintain and publish information about crime on or near their campus
The purpose of the Clery Act is to provide students, their families, and employees with accurate, complete, and timely information about campus safety to better inform future decisions
Disciplinary procedures for sexual assault, dating violence, domestic violence and stalking must provide “prompt, fair and impartial investigation and resolution”
Proceedings (including investigations) must be conducted by persons who receive annual training on issues related to these crimes/violations
Both parties entitled to same opportunities to have others present, including the opportunity to be accompanied by an advisor of their choice
Both parties shall be simultaneously informed in writing of
Outcome
Appeals procedures
Any change to the results that occurs prior to final resolution
When results become final

6. What does Title IX mean?
Prohibits sexual harassment, including sexual violence and all forms of sexual misconduct
Places obligations on institutions regardless of any law enforcement action
School must provide appropriate interim remedies to address safety and well-being of both parties prior to the final outcome of the investigation
If a school knows or reasonably should have known about sexual harassment (including sexual violence), the school must take immediate action to
eliminate the harassment
prevent its occurrence
address its effects
Protects faculty, staff, students and third parties

7. Scope of Title IX Sex discrimination and harassment Verbal Physical
Electronic
Sexual violence
Rape
Sexual Assault
Exploitation
Stalking
Cyberstalking
Interpersonal violence
Intimate partner violence
Domestic violence
Dating violence
Relationship violence
Retaliation
Gender-based discrimination and harassment

8. What does the Title IX Office do?
Initial Meetings
Meet with both parties to describe rights, resources, and options for investigations (college and criminal)
Interim Measures
Designed to help students who may need support from the college
Can be assigned with or without moving forward
Investigations
Meet with reporters and respondents to go over their rights through the Title IX Process
Conduct or advise all investigations
Training & Education
Online Trainings
In-person trainings
Investigator trainings

9. What do you have to do as an RE?
Report ALL information to Title IX Coordinator
Name of Victim
Name of Alleged Person
All details regarding the incident
Report information immediately
TCNJ is “on notice” once you know this information so contact the Title IX Coordinator within 24 hours of receiving the report
Report through…
Phone:
Online Reporting System: titleix.tcnj.edu “File a Report”
Be caring & compassionate
REPORT:
STALKING
SEXUAL ASSAULT
DATING VIOLENCE
DOMESTIC VIOLENCE
SEXUAL HARASSMENT

10. Faculty/Staff Roles
We do not want you to serve as a mental health professional
If you are unsure how to proceed, you can call Anti-Violence Initiatives for advice while still keeping confidentiality
You will not be required to share the student’s name or information
You can also ask the student if you can call together to learn about resources and options they can access if they would like to
You are chosen because you are trusted
Your student wants you to listen and believe
TCNJ wants you to listen, support and encourage the student to receive help from an appropriate mental health professional
Please respect the student’s right to privacy
Provide the student with information about the resources available
Research supports that the response of the first person a student discloses to has a great deal of impact on the outcome.
-Consider contacting AVI and asking them to join the conversation with the student’s consent

11. What happens after an incident is reported to the TIX Coordinator?
Initial assessment
Gather enough information to determine if this is a Title IX case
Written notice to Reporter of reporting options and support services
Interim measures/accommodations
Consider requests for confidentiality
Repeat offenders
Accused poses an imminent threat of danger to the complainant or the community
Accused has access to a vulnerable community
Determine if Reporter will participate in investigation
Written notice to both parties of investigation
Process; rights of parties; advisors
Refer to flowchart
As investigators we may know about some of the interim measures/ accommodations so during the interview we can ask if there have been any issues or if the students have any questions we can answer or get more information on…

12. Questions