1. DEAR COLLEAGUE LETTER APRIL 4, 2011 Title IX & Sexual Harassment

2. OBJECTIVES Title IX Sexual Harassment Dear Colleague Letter Resources

3. TITLE IX “No person in the United States shall, on the basis of sex, be excluded from participation and be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” 20 USC § 1681

4. TITLE IX “No person in the United State shall, on the basis of sex, be excluded from participation and be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” 20 USC § 1681

5. TITLE IX “No person in the United State shall, on the basis of sex, be excluded from participation and be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” 20 USC § 1681

6. TITLE IX “No person in the United State shall, on the basis of sex, be excluded from participation and be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” 20 USC § 1681

7. TITLE IX “No person in the United State shall, on the basis of sex, be excluded from participation and be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” 20 USC § 1681

8. TITLE IX Academic Programs Extracurricular Programs Sports On campus Off Campus Field Trips

9. WHAT IS SEXUAL HARASSMENT? Unwelcome conduct of a sexual nature Sexual advances Requests for sexual favors Other verbal, nonverbal or physical conduct of a sexual nature.

10. WHAT IS SEXUAL HARASSMENT? Two Forms:  Quid Pro Quo  Sleep with me or I’ll give you an F.  Hostile Environment  The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.

11. APRIL 4, 2011 OCR ISSUED 19 PAGE LETTER ON  TITLE IX  SEXUAL VIOLENCE  SEXUAL HARASSMENT

12. DEAR COLLEAGUE LETTER FOCUSED ON STUDENT ON STUDENT CONDUCT FOCUSED ON COMPLAINTS BEST PRACTICE TO APPLY TO ALL COMPLAINTS

13. DEAR COLLEAGUE LETTER  41 MUST DO ITEMS  71 SHOULD DO ITEMS  46 MAY DO ITEMS

14. IN A NUTSHELL: SEXUAL VIOLENCE IS SEX BASED DISCRIMINATION

15. WHAT IS SEXUAL VIOLENCE? SEXUAL VIOLENCE INCLUDES:  RAPE  SEXUAL ASSAULT  SEXUAL BATTERY  SEXUAL COERCION USUALLY INVOLVES DRUGS OR ALCOHOL

16. YOUR BASIC OBLIGATIONS 1.When know or reasonably should know about sexual harassment, institution must take immediate and appropriate action to investigate and determine what occurred

17. YOUR BASIC OBLIGATIONS 2. If sexual violence/sexual harassment has occurred, the institution must take prompt and effective steps to:  a. End it,  b. Prevent its recurrence, and  c. Address its effects.

18. YOUR BASIC OBLIGATIONS 3. The institution must protect the complainant as necessary, including interim steps taken prior to the final outcome of the investigation

19. YOUR BASIC OBLIGATIONS 60 DAYS

20. INVESTIGATION PROCESS Equal Treatment of Both Parties  Intake  Notices  Access to information  Same prehearing meeting rights

21. INVESTIGATION PROCESS Equal Treatment of Both Parties  Presentation of Witnesses  Lawyers  Notice of Outcome  Appeal Rights

22. INVESTIGATION PROCESS Burden of Proof PREPONDERANCE OF EVIDENCE MORE LIKELY THAN NOT

23. CONFIDENTIALITY If complainant requests confidentiality, take all reasonable steps to investigate and respond consistent with the request for confidentiality. At same time, must evaluate request in light of responsibility to provide a safe and nondiscriminatory environment for all students.

24. CONFIDENTIALITY Factors to Consider  Seriousness of conduct  Complainants age  Other complaints  The alleged harasser’s rights to obtain information about the claims

25. OFF CAMPUS CONDUCT Where conduct occurs off campus, but has effects on campus, your Title IX obligations apply

26. LAW ENFORCEMENT Title IX obligations are independent from law enforcement obligations Different Roles  Law Enforcement: Investigates criminal acts for prosecution  Institution: Investigate, stop and remedy discrimination

27. LAW ENFORCEMENT Cooperation with law enforcement is key Not a crime, but is discrimination May rely on police reports for facts, but not conclusions or analysis Personal safety of investigators

28. TRAINING Must provide notice of processes to all constituents on campus Easily understood process Easily located processes Widely distributed  Website  Catalogs  Major Publications

29. TITLE IX OFFICER OBLIGATIONS COORDINATE ALL COMPLIANCE INCLUDING  INVESTIGATION PROCESS  TRAINING  DISSEMINATION OF POLICY IDENTIFY PATTERNS OR SYSTEMATIC PROBLEMS MEET WITH STUDENTS MEET WITH CAMPUS LAW ENFORCEMENT MEET WITH DISCIPLINE/EQUITY/FACULTY

30. COMPLIANCE PLAN XIssue Action Necessary Policy or Regulation Implicated Responsible Party Notes Policy states institution shall take steps to correct discriminatory effects of harassment Policy states institution shall take steps to prevent recurrence of harassment Nondiscrimination Policy and Sexual Harassment Policy expressly states that “Title IX requires the District/Colleges not to discriminate on the basis of sex in its education programs and activities.” and “Inquiries may be directed to the District/College Title IX coordinator or to OCR.” Nondiscrimination Policy and Sexual Harassment policy expressly identifies Title IX coordinators and equity officers by name, office address and telephone numbers

31. COMPLIANCE PLAN REVIEW POLICIES FOR MANDATORY STATEMENTS IN DEAR COLLEAGUE LETTER IDENTIFY TITLE IX OFFICERS HARMONIZE SEXUAL ASSAULT AND SEXUAL HARASSMENT POLICIES

32. COMPLIANCE PLAN PUBLISH INFORMATION FAR AND WIDE CHECK STUDENT, FACULTY AND STAFF HANDBOOKS FOR CONSISTENCY

33. COMPLIANCE PLAN TRAINING – ALL CONSTITUENCIES  NAME OF TITLE IX OFFICER  HOW TO IDENTIFY SEX DISCRIMINATION  POLICIES AND PROCEDURES  REMEDIES AVAILABLE  LAW ENFORCEMENT, DISCIPLINE, EQUITY  STUDENT DISCIPLINE PANELS  HR COORDINATION WITH CAMPUS CREATE EDUCATIONAL MATERIALS

34. RESOURCES DEAR COLLEAGUES LETTER  http://tinyurl.com/7dpa9vj SUMMARY OF KEY POINTS  http://tinyurl.com/8ygzzg5

35. RESOURCES AGENDA  http://tinyurl.com/7sslsyy COMPLIANCE PLAN OUTLINE  http://tinyurl.com/7mpo3kd