1. FSU New Faculty Orientation: UNDERSTANDING Title IX
Jennifer Broomfield, LISW, JD
Title IX Director
Office of the Provost

2. What is Title Ix?
37 Words:
“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 1972 Educational Amendment

3. So what does this mean? Part I
Title IX requires:
Gender equity
Title applies to:
Students
Faculty
Staff
Visitors
University activity on and off campus

4. So what does this Mean? Part II
Title IX prohibits Sexual Misconduct:
Sex discrimination and harassment
Sexual Violence (rape, sexual assault and sexual battery)
Intimate partner violence (dating & domestic violence)
Gender based animosity (discrimination, harassment and violence)
Sexual /gender stereotyping
Stalking

5. What is Harassment? Sexual Harassment: is sexual in nature
is unwelcome
denies/limits a student’s ability to participate in/benefit from a school’s education program.
U.S. Dept. of Education, Office for Civil Rights, Sexual Harassment: It’s Not Academic, Washington, D.C., 2008

6. What is a hostile environment?
Subjective and objective standard
A hostile environment exists when the sexual misconduct:
is severe or pervasive (a single act of sexual violence may meet the criteria for severe)
has the effect of unreasonably interfering with an individual’s educational or employment opportunities

7. What is consent? Part I kNOw MORE definition: Asking the question
Of a capable person
With Adequate disclosure
Without coercion
Discuss in detail

8. What is consent? Part ii
Consent to one sexual act is NOT consent to another act.
Consent can be withdrawn at ANY time, as long as the withdrawal is clearly communicated by the person withdrawing the consent.
Consent to a sexual act yesterday is NOT consent to that act today.

9. What is our Non-Retaliation policy?
Retaliation is prohibited against individuals who:
Make a complaint
Help someone report
Participate in an investigation
Oppose discriminatory conduct
Retaliation by third parties is also prohibited

10. What FSU Policies apply?
Title IX Statement
Student Conduct Code
EOC Non-discrimination policy
Sexual harassment policy
Sexual battery policy
Coming soon: Unified Sexual Misconduct policy

11. What are our Title IX Obligations?
Legal Duties:
Investigate
Regardless of criminal investigation
Eliminate
Address Effects
Prevent Recurrence

12. When is FSU on Notice of an incident?
When we know or reasonably should know
When a Responsible Employee knew, or in the exercise of reasonable care, should have known about the sexual misconduct
Responsible Employees must report incidents of sexual misconduct
Residence Life has an online reporting process

13. Who are Responsible employees?
Any employee who is NOT a confidential source.
FSU Confidential sources
Victim Advocates
Mental health counselors (UCC and EAP)
University health center medical staff
Pastoral counselors

14. What Must be reported?
Names of Reporting Individual and Responding Individual
Other Parties Involved in the alleged incident
Date, time and location of alleged incident
Other relevant information (however, do NOT conduct your own investigation)

15. How is a report made? You can make a report of sexual misconduct to:
Title IX Director
Title IX Deputy Coordinators
Renisha Gibbs: faculty, staff & visitor
Vanessa Fuchs: athletics
Dean of Students / Students Rights and Responsibilties
Office of Equal Opportunity & Compliance
FSU Police Department
Others:
Supervisor
FSU’s EthicsPoint (anonymous hotline)

16. Can I file an Online Report?
YES!
FSU Title IX Office
Click on “File a Report”

17. What other information is available on the title ix office website?
FSU Title IX Statement
DOE Guidance Documents
Links to FSU, community, state and local resources

18. Who Investigates? It depends! Non-criminal investigations: EOC
Complaints about faculty, staff , visitors and contractors
Procedures:
Title IX Office/DOS
Complaints about students
Criminal investigations:
FSU Police Department
Tallahassee police Department
Leon County Sheriff’s Office

19. When in Doubt….
REPORT!!!
You are responsible for reporting any allegation of sexual misconduct
You are not responsible for the investigation the allegation
You should not interview the Responding Party or other witnesses
You should not take/have the Reporting Party sign a statement
The Title IX Director, Deputy Title IX Coordinator or a EOC Investigator will initiate the investigation.

20. What happens after you make a report?
Title IX Director, Deputy Title IX Coordinator or EOC Investigator will initiate an investigation:
Interview Victim/Reporting Individual
Interview Witnesses
Interview Responding Party(ies)
Review other relevant evidence
Complete Investigation and make recommendations to:
Office of Student Rights and Responsibilities (if Responding Party is a student
Appropriate Vice President (if Responding Party is a faculty member, staff person, or visitor)

21. What Other Laws apply?
Title VII: prohibits discrimination against employees
Title IV: prohibits discrimination against students in public schools, colleges and universities
Florida Vulnerable Person’s Act: mandates EVERYONE to report suspected child abuse to Florida Dept. Of Children & Families (for more information: )

22. Dept. of Education Guidance
Revised Sexual Harassment Guidance 2001
DCL April 2011
DCL FAQs April 2014
Title IX Resource Guide April 2015
All are available at:

23. FSU REsources kNOw MORE Victim Advocate Program
Employee Assistance Program
University Counseling Center
University Health Services
FSU Police Department

24. Local and national Resources
Refuge House
refugehouse.com
211 Big Bend
211
211bigbend.net
RAINN – national sexual assault hotline
Rainn.org
National Domestic Violence Hotline
thehotline.org

25. Coming Soon…
Unified Sexual Misconduct policy
April 2016: Creating a Trauma Informed Nole Community – one day training for students, faculty, and staff

26. What are the Key points to remember? Part i
Create an inclusive, non-hostile environment
Sexual Misconduct is an umbrella term that includes: sexual discrimination and harassment, gender based animosity, sexual stereotyping, sexual violence, intimate partner violence and stalking
Treat all complaints seriously
Report all complaints without delay
Use your resources
When in doubt, REPORT!

27. What are the Key points to remember? Part Ii
Florida State University does not tolerate sexual violence. We continue to actively and aggressively provide institution-wide programs and services to educate our students and university community on responsible conduct, the meaning of consent, how to properly report cases of sexual misconduct, and how to hold individuals accountable for their behavior. The kNOw MORE sexual violence prevention initiative is about action, education, and the continuum of care for our students, faculty, and staff.

28. Questions?
Thank you!

29. Contact information
Jennifer Broomfield, LISW, JD Title IX Director 408-H Westcott Building Or