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

2. 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

3. 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

4. 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

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

6. – (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

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

8. 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

9. Sexual Assault Statistics

10. Sexual Assault Statistics

11. 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Consent can be withdrawn at any time

12. Consent

13. - 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

14. 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.”

15. 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

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

17. Questions/Comments/Discussion