Washington State Universitys Response to Discrimination Sexual Harassment

Washington State University's Response to Discrimination, Sexual Harassment, and Sexual Misconduct Kimberly D. Anderson Director | Office for Equal Opportunity ADA Coordinator | Title IX Coordinator

Resources During this presentation I will discuss topics that may be distressing for some. I ask that you keep this in mind as you engage with your peers regarding these topics, and to the extent you are able, that you offer support and understanding to those who seek it from you. Please also know that there are many resources available on campus and in the local community, including the following Confidential Resources (which I will further discuss during this presentation): • Alternatives to Violence of the Palouse, 509 -332 -4357, atvp. org 24 hour crisis line: 1 -877 -334 -2887 • WSU Counseling and Psychological Services, 509 -335 -4511, counsel. wsu. edu Fall Walk-in Hours: Monday 1: 00 -3: 30 pm Tuesday – Friday 10: 00 -11: 30 am 1: 00 -3: 30 pm • WSU Health and Wellness Services, 509 -335 -3575, hws. wsu. edu

Applicable WSU Policies OEO: Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct (EP 15) OSC: Standards of Conduct for Students (Washington Administrative Code (WAC) Chapter 504 -526) HRS: § Policy on Faculty-Student and Supervisor. Subordinate Relationships (Executive Policy 28) § Business Policies and Procedures Manual • Workplace Violence and Bullying (50. 30. 1)

Discrimination Prohibited WSU policy prohibits discrimination on the basis of: § § § § Race Sex/Gender Sexual orientation Gender identity/expression Religion Age Color Creed § National or ethnic origin § Physical, mental or sensory disability § Marital status § Genetic information § Status as an honorably discharged veteran or member of the military

Discrimination = Behavior (Prejudice = Attitude) Selective, unjustified negative behavior toward a group or member of a group. Disparate Treatment: Treating individual/group differently because of protected category. § Can be shown by direct evidence or inferred through statistics, anecdotes or comparative evidence. Intent is a necessary element. Disparate/Adverse Impact: Practice/policy which results in selection of members of a protected group at a rate lower than that of other groups. § Can be facially neutral practice – but still discriminatory in its application. Intent is not a necessary element Harassment: A form of discrimination that unreasonably interferes with an individual’s work or educational. (Verbal – Written – Physical) § Behavior that is sufficiently severe, persistent, or pervasive

Sexual Harassment A form of Discrimination; unwelcomed verbal or physical conduct based on sex and/or gender, or of a sexual nature. § Including sufficiently severe, persistent, or pervasive: • Comments of a sexual nature. • Sexually explicit statements, questions, jokes, or anecdotes. • Quid Pro Quo harassment. • Unwelcome sexual advances. • Harassment of a non-sexual nature that is based upon a person’s sex and/or gender. • Harassment based on a person’s nonconformity with sex and/or gender stereotypes. • GIESORC Welcome Social - August 18 th 12: 10 PM to 3: 00 PM in CUB 401

Sex and Gender Based Violence WSU policy prohibits sex and gender based violence as forms of sexual harassment. This includes, but is not limited to: • Non-consensual sexual contact; • Sexual exploitation; • Domestic Violence and Dating Violence; and • Stalking One instance of sexual misconduct will be considered sufficiently severe, persistent, or pervasive to rise to the level of sexual harassment.

Consent to Sexual Contact § Must be clear, knowing, and voluntary § Consent = actual words or conduct demonstrating clear permission § Can be given and taken away anytime § Silence ≠ consent § Consent cannot be present if a person lacks the mental capacity to be able to understand the nature or consequences of the act. • i. e. : if they cannot fully understand the details of the sexual interaction (who, what, when, where, why, and how). § Check out this comic about consent from everydayfeminism. com: http: //40. media. tumblr. com/55 e 2 ea 9036 ca 61453 c 46 e 3 ba 5 accbfd 7/tumblr _nqpx 3 i. Trth 1 rz 9 u 6 co 1_500. jpg

Definitions Sexual Exploitation Stalking Relationship Violence • Occurs when a person takes nonconsensual or abusive sexual advantage of another • e. g. Invading another person’s sexual privacy, voyeurism, etc • Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: • Fear for his safety or the safety of other’s, • Fear for harm to his or her property or of property of other’s, or • Suffer substantial emotional distress • Dating Violence, Domestic Violence, Intimate Partner violence, Emotional Abuse • Can be physical, sexual, emotional, verbal, economic, or psychological in nature; • Actions or threats of actions; • Influences or harms an intimate partner.

Why These Issues? Sexual Assault: 1 in 5 college women and 1 in 16 college men. - 90% know the offender - At least 50% involve alcohol • Dramatically underreported: • 2% of incapacitated sexual assault survivors report • 13% of forcible rape survivors report More than 1 in 3 women and 1 • 69% of female and 53% of in 4 men have experienced male victims report having rape, physical violence, and/or experienced this before the stalking by an intimate partner; age of 25. There are ~6 million stalking victims in the United States each year; • more than 1/2 of the female survivors and more than 1/3 of the male survivors say the were stalked before the age of 25. Campus Sexual Assault Study, prepared for the National Institute of Justice

Sex and Gender Based Violence WSU will address student allegations of sexual harassment regardless of where the conduct occurred (on or off campus) if it may interfere with the educational pursuits of the parties involved. WSU’s processes are separate from the criminal process and can be pursued simultaneously.

Employee Reporting Obligations • Currently, all WSU employees**, including student employees, who have information regarding incidents of sexual harassment or sexual misconduct must report that to OEO or the WSU Title IX Coordinator. **(With the exception of employees who are statutorily barred from reporting (for example, health and mental health care providers) as well as employees providing preventative education training (see EP 15) • Unless designated as a confidential resource, WSU employees cannot guarantee confidentiality to students or other employees. • Employees should not attempt to investigate or assess allegations of discrimination, sexual harassment, or sexual misconduct prior to consulting with the Office for Equal Opportunity.

Training • OEO Education and Training • OEO Online Training • Sample Syllabus Language • Green Dot Training: Green Dot is a violence prevention program that focuses on making our campus safer by empowering bystanders to become active members in reducing power-based personal violence. https: //hws. wsu. edu/green-dot-program/ • Ally Training: Offered through WSU’s Gender Identity, Expression, and Sexual Orientation Resource Center (GIESORC). Can attend regularly scheduled trainings, or can request trainings by calling the center at 509 -335 -8841 https: //thecenter. wsu. edu/

Support for Students

Confidential Resources: In most instances, care providers from the following resources can confidentially discuss student concerns : WSU Counseling and Psychological Services Alternatives to Violence of the Palouse WSU Health and Wellness Sevices Visit oeo. wsu. edu/resources/ for more information Pullman Regional Hospital

WSU Resources - Pullman Dean of Students: The Dean of Students’ Office can assist student in coordinating resources and support, including academic and/or residential arrangements. Office of Student Standards and Accountability (OSSA): OSSA works closely with OEO during the initial investigation and will attend investigatory interviews. OSSA will address any disciplinary action, as appropriate, after the preliminary investigation is complete. Graduate School: OEO and/or the Dean of Students’ Office may work with the Graduate School to coordinate resources and support for graduate students.

What Can Students Expect? Care • Understanding investigators • Trauma • Support • Resources (for informed interviews all students) • Interim measures • Well-trained • Neutral investigation to ensure integrity of process

What Can Students Expect? • Steps may be taken to contribute to the complainant’s safety during the investigation. § Arrangements • • • may be made for: Safety concerns, Housing, Class schedules, Work schedules, Course withdrawals (without penalty). • Resources are available for all students involved in the process.

Neutral Investigation Once WSU learns of a concern: • • • Resources Complainant Interview/Intake Determine appropriate next steps Notice of Investigation Impartial Investigation: (Review Documents, Interview Witnesses and Respondent) • Preponderance of the Evidence • OEO will summarize the investigation (Findings of fact; Conclusion; and a recommendation to OSC) • OSC will address any disciplinary action. (Conduct Board Hearing or Administrative Meeting) • Fair Process – many Due Process considerations

Retaliation Prohibited Retaliation: Act that would dissuade a reasonable person from making or supporting a complaint, or participating in an investigation, under this policy. Interference: Actions that dissuade or attempt to dissuade complainants or witnesses from reporting or participating in an investigation, or actions that delay or disrupt, or attempt to delay or disrupt, an investigation.

Executive Policy #28 Policy on Faculty-Student and Supervisor-Subordinate Relationships • The Relationship itself is not prohibited • Having supervisory authority over someone with whom you are in a relationship is prohibited. • Report to HRS or to supervisors • Reporting lines may be altered

WSU’s Title IX Committee WSU Title IX Coordinator • Kimberly Anderson, Director, Office for Equal Opportunity Deputy Title IX Coordinators • Melynda Huskey, Interim Vice President, Student Affairs & Dean of Students • Anne Mc. Coy, Associate Director of Athletics

Questions?