1. Responsible Employee Training
Jordan Draper, Title IX Coordinator

2. 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.”
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive Federal financial assistance.

3. Title IX
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

4. Scope of Title IX Sex discrimination and harassment Sexual violence
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

5. Scope of Title IX
School must process all complaints of sexual violence, regardless of where the conduct occurred, to determine whether the conduct:
occurred in the context of an education program or activity or
had continuing effects on campus or in an off-campus education program or activity
Even if there are no continuing effects of the off-campus sexual violence, the school still should handle these incidents as it would handle other off-campus incidents of misconduct or violence
School may need to gather additional information in order to make such a determination

6. What is a Responsible Employee?
OCR deems an institution to have notice of student-on-student sexual harassment and/or misconduct if a “responsible employee” knew, or in the exercise of reasonable care should have known, that harassment/misconduct occurred. 
A Responsible Employee is…
who has the authority to take action to redress sexual harassment/misconduct;
who has been given the duty of reporting incidents of sexual harassment/misconduct or any other misconduct by students to the Title IX coordinator or other appropriate designee; or
who a student reasonably believes has this authority or duty.

7. What do you have to do as an RE?
REPORT:
STALKING
SEXUAL ASSAULT
DATING VIOLENCE
DOMESTIC VIOLENCE
SEXUAL HARASSMENT
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

8. What should you do/say when a student chooses to disclose to you?
Believe!
Put the power and control back in their court.
Follow their lead.
Don’t feel that you have to have the answers.
Let them know there are people who can help.
Know your resources.
Avoid “WHY” questions.

9. 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

10. What Happens Next? Title IX Process

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. Title IX Investigation Student Process
The Title IX Coordinator and the Office of Student Conduct work together to resolve complaints:
Title IX
Preliminary meetings with Reporter & Respondent
Consideration of confidentiality requests
Informal resolution options assessed
Investigation (by 2 trained investigators)
Determination of charges & responsibility by investigators
Office of Student Conduct
If found responsible, sanctions
Appeal
Both parties can appeal to VPSA
What if the survivor DOES want to make a complaint? They can use the Title IX grievance process, which combines resources of my office with the Office of Student Conduct. Ideal timeline is 60 days. Equal opportunity to call witnesses, have an advisor, appeal. Typical sanction precedent for these types of violations:
Touching – Disciplinary Probation to Suspension, plus educational sanction (based on recommendation from victim).  May include removal from the residence halls if it happened there.
Touching with force – suspension-at least one semester to multiple semesters, plus educational sanction (based on recommendation from victim).
Penetration – suspension from one semester to expulsion, could include educational sanction (if not expelled).  Decision based on recommendation from victim.
Penetration with force or through use of covert action (drugs) – multiple year suspension to expulsion.  
Note: we don’t have an automatic sanction of expulsion for sexual assault.  We were afraid that might make hearing officers more likely to find someone not responsible if they didn’t believe he or she deserved expulsion.  I also didn’t want it to discourage victims from reporting, since some of them don’t want expulsion either. 

13. Title IX Investigation Faculty/Staff Process
The Title IX Coordinator and the Employment Equity Office (EEO) work together to resolve complaints:
Preliminary meetings with reporting party and accused
Consideration of confidentiality requests
Informal resolution options assessed
Investigation, findings, and recommendations forwarded to appropriate supervisor for sanctions
Appeal

14. What Happens Next? Criminal Process

15. Victim Advocates assist during investigation
Detectives from TCNJ Police and Mercer County Prosecutor’s Office investigate incident
Both agencies (TCNJ and MCPO) work together to interview and investigate the charges. In some instances, other agencies may assist during this collaboration.
Victim Advocates assist during investigation
CSA’s/RE’s may be subpoenaed to testify during the trail.
Reports are forwarded to the Prosecutor for charges and/or recommendations
Criminal case is then classified as indictable, investigation continues or is classified as “unfounded”

16. Confidential Resources
On-Campus (Students) Office of Anti-Violence Initiatives (AVI) Forcina Hall, Rm 308 Ewing, NJ Counseling and Psychological Services Eickhoff Hall, Room 107 Ewing, NJ
Off-Campus (Students, Faculty, & Staff) Womanspace 24 Hour Crisis Line:
On-Campus (for Faculty/Staff)
Employee Assistance Program TCNJ Clinic Forcina Hall, Rm After Business Hours: P) E)

17. Title IX Coordinator
Jordan Draper Brower Student Center Room Titleix.tcnj.edu