Julia Dunn Whitman College Associate Dean of Students

Julia Dunn, Whitman College Associate Dean of Students & Title IX Administrator How did we end up here? Structural needs Internal vs. external processes Characteristics of an investigator

Title IX of the Education Amendments 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.

Program Equity The treatment and benefits that men and women receive must be comparable (i. e. , facilities, coaching, equipment, athletic training services, scheduling). Opportunities for males and females must be proportional to their respective enrollments.

Quid Pro Quo: “this for that” – the request for sexual favors in exchange for something.

Hostile Environment: When unwelcome conduct of a sexual nature creates an intimidating, offensive or disruptive work or academic environment

Deliberate Indifference: is the conscious or reckless disregard of the consequences of one's acts or omissions.

Avg. /year 2009 -2012 2013 -2014 Differential Treatment 533 212 221 Retaliation Sexual Harassment 652 854 379 125% 421 Athletics 0 200 400 600 800 http: //www 2. ed. gov/about/offices/list/ocr/congress. html 1000 1200

1400 1600 1800 2000 2200 2400 2600 2800 3000

Title IX provides us with the guidance and in turn tools to eliminate barriers to one’s education caused by incidents of sex- and gender-based discrimination, harassment, or violence. 3609 3200 3400 3600 753% 3800 4000

2011 -12 9 2012 -13 9 2013 -14 18 2014 -15 32

2011 -12 9 Campus wide education 2012 -13 9 Refined reporting structures 2013 -14 18 2014 -15 Publicity 32

15 Nonconsensual Penetration Discrimination Harassment Nonconsensual Penetration Harassment Unwelcome touching Harassment Nonconsensual Penetration Intimate Partner Violence Nonconsensual Penetration Discrimination

22 people 6 weeks Multiple incidents Systemic culture of harassment

Reluctant claimant Significant safety concerns Outside investigator 21 people interviewed 8 weeks

Appoint at Title IX Administrator Adopt and publish grievance procedures Respond promptly to complaints of discrimination Prevent further discrimination or retaliation Repair any damage caused by harassment or discrimination Getting started

Familiarity with your policies and procedures Civil-rights based investigation model training Trauma-informed interviewing Practice your process

College becomes aware of incidents of sex or gender-based harassment, discrimination or assault Julia Dunn © 2015 Title IX obligates the College to respond to all such reports Title IX Administrator contacts the claimant or disclosing party Title IX Administrator assesses need for timely warning, add’l safety measures, Clery report

Resources and support Interim Actions? Do nothing more. All options discussed Wait. Ask the College to investigate Julia Dunn © 2015 To the greatest extent possible, the decision to pursue a formal investigation is left with the claimant and one that can be

Resources and Support Interim Actions Gatekeeper functions Intake / Initial Meetings Retaliation Conversation Investigation Schedule & Expectations Assign Investigatory Team / Preparatory Meetings

Thorough Reliable Impartial Investigation Prompt Effective Equitable Process End the Discrimination Prevent its Recurrence Remedy the effects upon the victim & community © 2012 Saundra K Schuster, Esq. all rights reserved Remedies 23

Final Determination & Appeal Process Resources and Support Interim Actions Intake / Initial Meetings Findings and Recommended Range of Sanctions Investigation Gatekeeper functions Retaliation Conversation Investigation Schedule & Expectations Assign Investigatory Team / Preparatory Meetings

Prioritize Assess immediate needs Stakeholder buy-in Identify the right people Train.

Questions?