TITLE IX COMPLIANCE SEXUAL MISCONDUCT SEXUAL HARASSMENT RELEVANT

TITLE IX COMPLIANCE SEXUAL MISCONDUCT & SEXUAL HARASSMENT

RELEVANT LAWS & POLICY

SEXUAL DISCRIMINATION, VIOLENCE, AND HARASSMENT ON CAMPUSES Title IX (1972) • Federal law that prohibits sex discrimination in educational institutions The Jeanne Clery Act (1998) • Requires colleges and universities in the United States to disclose information regarding crime on and around campus Dear Colleague Letter (2011) • Office of Civil Rights document provides guidance regarding concerns that arise in sexual violence cases VAWA (2013) Sa. VE Act (2014) SB-967 (2014) • The Violence Against Women Act is aimed at improving how colleges address sexual violence; imposes obligations to revise policies and practices • Part of the VAWA amendments, made changes to the Jeanne Clery Act; requires colleges to report additional sexually violent crimes • California Law requiring colleges to adopt a standard of unequivocal consent among students engaging in sexual activity (“YES” means “YES” law)

TITLE IX

TITLE IX STATES: “ 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 Education Amendments of 1972 Implementing Regulations at: 20 U. S. C. § 1681 & 34 C. F. R. Part 106

SCOPE OF COVERAGE Title IX protects ALL students from sexual harassment: Female and Male students Lesbian, Gay, Bi-Sexual, Transgender, and Queer (LGBTQ) students Students WITH and WITHOUT disabilities Students of Different Races and National Origins, including International and Undocumented Students

GENDER-BASED HARASSMENT Title IX also prohibits gender-based harassment. Gender-Based Harassment is: Nonsexual, unwelcome conduct based on the student’s actual or perceived sex Includes harassment based on gender identity, gender expression, and nonconformity with gender stereotypes

DISTRICT RESPONSIBILITIES When an individual files a complaint or when any Employee of the district learns of possible sexual misconduct, the district must immediately: INVESTIGATE, Take appropriate steps to end the misconduct, Eliminate the effects of the misconduct, and Prevent the harassment from recurring

TITLE IX PRINCIPLES: Investigation= Thorough Reliable Impartial Process= Prompt Effective Equitable Remedies= END Discrimination Prevent recurrence Remedy effects upon victim & community Source: ATIXA 2012 Inaugural Conference

TITLE IX IN THE NEWS As of January 2015, there were 94 postsecondary institutions with pending Title IX sexual violence investigations. California institutions were: Butte-Glenn CCD California Institute of the Arts Occidental College San Jose-Evergreen CCD UC Berkeley UC Los Angeles University of San Diego USC Source: Think. Progress. com, January 2015

SEXUAL VIOLENCE ON CAMPUS IN NUMBERS 1 in 5 college women are victims of sexual violence 1 in 7 college men are victims of sexual violence About 68% of sexual assaults are not reported to the police 90% of victims know their perpetrator Crime statistics can be unreliable, as many acts of sexual violence go unreported. Survey data can also be unreliable.

NEW REQUIREMENTS Prevention & Education Institutions must provide new students and employees “primary prevention and awareness programs” that promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. IVC encourages all individuals to report misconduct to any District staff, faculty, manager, or administrator they feel comfortable with.

“YES MEANS YES” https: //www. youtube. com/watch? v=l. Ke. Gr. RRWD 9 g

TITLE IX REPORTING

TITLE IX REPORTING Faculty and staff who receive complaints of sexual harassment or sexual violence are OBLIGATED to report complaints to the Title IX Coordinator. IVC’s Title IX Coordinator is: Dr. Linda Fontanilla, VP of Student Services. The exceptions to this rule are psychologists and medical care providers in the Health and Wellness Center. After hours, students can be referred to the IVC Police Department to be connected to other community resources. IVC also has a community resources index in the Faculty Guide.

TITLE IX REPORTING (CONT’D) When a student comes to you with a complaint, let them know early on that you are a mandated reporter. Employees are expected to be compassionate listeners if a student discusses sexual violence with you. The purpose of reporting is to: Prevent sex discrimination, Promptly address reported issues, and Limit the effects of harassment on the educational environment

HOW TO RESPOND Always remember: If a student approaches you to report an incident, stop them early on to let them know that if they are going to tell you about an unwanted sexual encounter – you are obligated to report it. Determine: 1. If the victim is safe. If not, ask if you can call Campus Police for them. 2. If the victim wants or needs medical attention. This is ultimately the victim’s decision. Your role is to inform them of their options: A. Visiting the Health & Wellness B. C. Center Calling a friend or family member for transportation to a local hospital/medical facility Calling Campus Police for transportation to a local hospital/medical facility

HOW TO RESPOND Students that come to you to report an assault, sexual violence, rape, or any other violent crime, will likely be in distress. Your response matters! (CONT’D) What to do: Believe them Use active listening skills Listen without judgement and display empathy Let the individual lead the conversation Protect the person’s privacy, but do not promise confidentiality DO NOT act as an investigator, simply be compassionate and connect them to campus and community resources

SCOPE OF COVERAGE What types of incidents are we obligated to report? We have an obligation to respond to sexual harassment claims made, including when the incident occurs off-campus and outside the campus/district’s educational programs or activities: If a student files a complaint regarding off-campus conduct, it is our responsibility to process the complaint following defined procedures If the ongoing effects on-campus and off-campus or the sexual harassment create and/or contribute to a hostile environment (e. g. bullying, taunting, threats, etc. ), then our responsibility is to address the hostile environment as if it were an on-campus incident.

RETALIATION Under both Title VII (employee sexual harassment) and Title IX (student sexual harassment) it is unlawful to retaliate against an individual who has: Made a complaint of sexual harassment Participated in the investigation of such a complaint (i. e. testifying as a witness, providing proof, etc. ); or Opposed conduct that is reasonably believed to violate Title VII or Title IX

WHAT ARE REMEDIES? Some examples include: Classroom adjustments or changes Academic support (tutoring, mentoring, flexible assignment due dates, allowing the student to make up coursework) Allowing the student to retake a course and/or withdraw without penalty Campus escort service Counseling services Protective/no contact orders

CAMPUS RESOURCES

IVC AND DISTRICT FORMS REFERRAL FOR STUDENT CONDUCT VIOLATION To make a report of Sexual Misconduct by a student, complete a Referral for Student Conduct Violation Form. This form can be found: Student Services homepage Counseling homepage Campus Police Department homepage Inside IVC homepage (left side menu)

When completing this form: 1. Please include your contact information 2. Check all that apply (Click form to download)

IVC AND DISTRICT FORMS (CONT’D) INCIDENT REPORT FORM To make a report of sexual misconduct or crime by a student or employee, complete an Incident Report Form. This form can be found: Student Services homepage Counseling homepage Campus Police Department homepage

REPORTING AT IVC Use the Distribution List to guide your reporting based on incident type. (Click on this form to download. )

UNLAWFUL DISCRIMINATION COMPLAINT FORM The South Orange County Community College District has a form for reporting instances of discrimination and/or harassment. It can be found: On the District Human Resources website On IVC’s webpage for Policies and Regulations (Home > Policies > Nondiscrimination and Harassment) (Click the form to download)

IVC’S RESOURCES Nancy Montgomery Director, Health, Wellness, and Veterans Center / Title IX Officer Health & Wellness Center • For students’ physical and mental health needs Will Glen IVC’s Campus Police Director/Chief of Police • Assist with reporting to local police • Campus Security issues Dr. Linda Fontanilla Vice President for Student Services VP for Student Services and Title IX Coordinator • Formal complaints regarding Title IX Violations • Student accommodations Dr. Elizabeth L. Cipres Student Discipline Officer Dean, Counseling Services / Title IX Officer • Receives Referral for Student Conduct Violation forms

IVC’S RESOURCES (CONT’D) Links to Board Policy and Administrative Regulations: Save these links for your reference and future use: Board Policy 4000. 5: http: //doclibrary. socccd. edu: 2656/Documents/Business%20 Services/Office%20 of%20 the %20 Deputy%20 Chancellor/BP-4000. 5 Harassment%20 and%20 Discrimination%20 Prevention%20 and%20 Complaint%20 Proced ures. pdf Administrative Regulation 4000. 5: http: //doclibrary. socccd. edu: 2656/Documents/Business%20 Services/Office%20 of%20 the %20 Deputy%20 Chancellor/BP-4000. 5%20 ARHarassment%20 and%20 Discrimination%20 Prevention%20 and%20 Complaint%20 Proced ures. pdf Harassment Policy & Complaint Procedure: http: //www. socccd. edu/humanresources/documents/Harass. Bro 4 Web. pdf

IVC’S RESOURCES (CONT’D) Access and use the Responding to Distressed, Disruptive, or Threatening Students: A Faculty Guide, which includes: Tips on identifying and responding to distressed, threatening, and/or disruptive students Reporting procedures Community and campus resources for students in crisis (Click picture to view guide)

KOGNITO ONLINE TRAINING Training modules for Faculty/Staff and Students! Interactive trainings developed through the California Community College Student Mental Health Program (CCC SMHP). (Flyer links to Kognito site) Complete the Kognito trainings and display your completion certificates in your workspace.

BE A SAFE SPACE Attend a Safe Space Training on campus. Dr. Brooke Choo is our LGBTQ Liaison at IVC. Contact her for future LGBTQ Safe Space Trainings: bchoo@ivc. edu Visit the Gay, Lesbian, and Straight Education Network website for videos, webinars, and a Safe Space Kit Download. (Picture links to site)

QUESTIONS? Nancy Montgomery Director, Health and Wellness Center/Title IX Officer nmontgomery@ivc. edu / (949) 451 -5221 / SSC 150 Will Glen After today’s presentation, you can contact: Chief, IVC Campus Police wglen@ivc. edu / (949) 451 -5234 / CP 100 Dr. Linda Fontanilla Vice President for Student Services/Title IX Coordinator lfontanilla@ivc. edu / (949) 451 -5214 / A 109 Dr. Elizabeth L. Cipres Dean, Counseling Services/ Title IX Officer ecipres@ivc. edu / (949) 451 -5678 / SC 210