1. Title IX and Campus Save Act on Campus
Josiah Stephan, MS
Title IX Coordinator
South Florida Bible College & Theological Seminary

2. Objective
South Florida Bible College (SFBC) is committed to providing a place of work and learning free of discrimination and harassment.
By completing the following training, you are not only fulfilling a requirement, but you are also taking an important step toward understanding your rights and responsibilities as an SFBC employee.

3. What is covered in this training
Title IX
VAWA
Campus SaVE Act
SFBC jurisdiction
Duty to report
Title IX contact information

4. What is Title IX and VAWA?
“Title IX of the Education Amendments of 1972 (Title IX) (34 C.F.R. Part 106) prohibits discrimination based on sex in education programs and activities in federally funded schools at all levels. Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.”
VAWA
The Violence Against Women Reauthorization Act (VAWA) was signed into law by President Obama in and imposes new obligations on institutions under Section 304 of that Act. That section of the Act is named the Campus Sexual Violence Act (“SaVE Act”). This amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), which is the law that requires postsecondary institutions to collect and report to the U.S. Department of Education and the public the number of certain crimes that occur on campus property.
Under VAWA, institutions are required to:
report any instance of dating violence, domestic violence, sexual assault, and stalking, in addition to other crime categories already required to be reported under the Clery Act;
adopt enhanced disciplinary procedures that include requirements for notifying victims of their rights; and
adopt enhanced institutional policies to prevent and address campus sexual violence, such as training all incoming and current students and employees about being aware of and preventing crimes of sexual violence.

5. Specifically, Title IX & VAWA Prohibit:
Sexual misconduct (including sexual violence)
Sex discrimination (gender bias)
Sexual harassment
Retaliation
Specifically
Dating Violence
Domestic Violence
Sexual Assault
Stalkling

6. Title IX Sexual Harassment:
Unwelcome sex-based nonverbal, verbal, 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 SFBC’s educational programs and/or activities. It can include a power differential (quid pro quo), the creation of a hostile environment, or retaliation.

7. Campus Save Act:
SFBC does not tolerate any sexual violence to include intimate partner violence which can be defined as any physical, sexual, or psychological harm against an individual by a current or former partner or spouse. Such violence covers domestic violence, dating violence, and stalking.

8. Title IX and Campus Save Act
The Campus SaVE Act complements and is a companion to Title IX and assists with the response to and prevention of sexual violence in higher education.
All SFBC students, staff, and faculty are covered by these federal laws.

9. Title IX and campus Save Act Jurisdiction
Both laws provide a framework for educational institutions to address incidents of sexual misconduct/sexual violence occurring on-campus, on public property within and adjacent to campus, and at non-campus properties like off-campus student organization housing, campus sponsored events, and remote classrooms.
In cases involving harassing speech, assessing applicability to off-campus behavior will require a two-prong test: Does SFBC have control over the harasser (subject to our rules) and does SFBC have control over the context of the harassment (on our property, in our programs, on land we lease, or control, or at events we sponsor).
SFBC will reserve the option to take off-campus jurisdiction in cases involving sexual violence, sexual assault, or rape that involves students or employees.

10. Non-Consensual Sexual Contact
Any intentional sexual touching, however slight, by a male or female upon another male or female that is without consent and/or by force.
Consent is a free and clearly given “yes”, not the absence of a “no”, and cannot be given or received when a person is incapacitated by alcohol, drugs, or disability .

11. Duty to Report
Everyone has a duty to report an incident(s) of sexual misconduct/sexual violence. A responsible employee is defined as one who has the authority to take action, has the duty to report to the right person and is someone a student could reasonably believe has the authority to take action.
Deliberate indifference occurs when a university receives actual or constructive notice of a potential violation and it fails to act.
SFBC employees (staff and faculty) and students should be aware of bystander intervention which includes taking action to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, rape, or stalking against another person.

12. Investigation Standards of Evidence Confidentiality
Internal investigations will use the preponderance of the evidence as the standard. This is a legal standard that means the greater weight of evidence (more likely than not that something occurred). This is a minimal standard and is easily met.
Confidentiality
SFBC recognizes that confidentiality is important. However, confidentiality cannot be guaranteed. Respect of the privacy of the individuals reporting or the accused will be maintained to the extent possible. SFBC will take appropriate corrective action whenever deemed necessary to meet the college’s responsibilities to provide a safe and non-discriminatory environment for other students and employees.
Example

13. Penalties/Sanctions
Students who are found to have violated the SFBC Student Code of Conduct will be referred to the Dean of Students for adjudication.
Employees who are found to have violated the SFBC Staff Handbook will be referred to Human Resources Services.
Sanctions for students may include action up to and including expulsion from the college or seminary.
Sanctions for employees may include employment action up to and including termination of employment.

14. SFBC Title IX Coordinator:
SFBC designated:
Josiah Stephan, Executive Vice President as the Title IX Coordinator and
Refik Ozbay, Dean of Student Services as the Deputy Title IX Coordinator
Under duty to report, these two individuals are designated to receive reports from SFBC employees. The following slides contain contact information.

15. Executive Vice President
Title IX Staff
Josiah Stephan,
Executive Vice President
Title IX Coordinator
Refik Ozbay
Dean of Student Services
Deputy Title IX Coordinator
Hector Perez
Campus Safety Director

16. Title IX Contact Information
Mailing Address
2200 SW 10th Street
Deerfield Beach, FL 33442
Office Telephone
(954)
Office Fax
(954)
Office Address
Website

17. Scenario 1
Mary Smith is a student in Dr. John Brown’s class. Mary has a very pleasant personality and she has many friends. Mary struggles with the class material and has received D’s on her quizzes. Dr. Brown takes a special interest in Mary. He focuses attention on her during class. Some of her classmates comment to her that she is his favorite student. As mid-semester approaches, Dr. Brown invites Mary to his office for some one-on-one assistance. The office meetings go well and she thanks Dr. Brown for his assistance. However, at the close of the fourth meeting, Dr. Brown surprises Mary with a hug. He tells her everything is going to be fine. That evening Mary receives an from Dr. Brown telling her that he finds her attractive and he really wants to be her friend. Mary does not respond to what she considers a “creepy” . At the fifth meeting in the office, Dr. Brown tells her that she could get a very good grade in the class if she went to dinner with him. Mary excuses herself from Dr. Brown’s office and does not return. The next day she has a scheduled meeting with her academic advisor and she shares her concerns.

18. Scenario 1: What happened?
The academic advisor has a duty to report to the Title IX Coordinator. The behavior that is reported touches on sexual harassment in the academic environment. It also reflects a “quid pro quo” situation in that the faculty member has promised a benefit (a good grade) if the student responds to his overtures and goes to dinner with him. Quid pro quo means that if you do this for me, I will do this for you in return.

19. Scenario 2
Betty and Joe are students in Dr. Garcia’s class. At the beginning of the semester Betty and Joe worked on a group project with other students. Members of the group exchanged cell phone numbers in order to communicate on the group project. Shortly after the completion of the project, Betty began to receive text messages from Joe. The first three texts were just friendly and Betty responded in kind. However, the next four texts contained graphic sexual language and also a proposition to engage in sexual activity. Betty ignored all those texts. The texts made her very uncomfortable and she stressed at having to see Joe in class. Betty made an appointment with Dr. Garcia and showed him the texts and also expressed her discomfort at being in the same class as Joe. Dr. Garcia was very sympathetic, but he told Betty that the semester would be ending in four weeks and that she should just continue ignoring Joe’s texts and avoid sitting near him in class.

20. Scenario 2: What happened?
Dr. Garcia has a duty to report to the Title IX Coordinator. He also has a responsibility to be responsive to Betty’s concerns. A student who reports behavior described in the scenario should not be told to ignore or avoid the other student engaging in inappropriate behavior. Results of reporting to the Title IX Coordinator could include potential action such as a no contact order for Joe or removing him from the class. Betty could also file a complaint pursuant to college policy.

21. Thank you