Eric Solberg Associate Vice President, Academic and Research Affairs

Eric SolbergAssociate Vice President, Academic and

Research AffairsUTHealth Title IX Coordinator

Title IX at UTHealth

Objectives

• What is Title IX?• What impact does Title IX have on

our campus?• How does UTHealth address Title

IX compliance?

What is Title IX?

1972• Often referred to as the “Education Amendments of

1972”

• Actually amended several laws including the Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965

Basic Intent• Eliminate discrimination in [higher] education on the

basis of sex

• It’s scope has changed over the years as a result of U.S. Supreme Court Rulings

• Those rulings have led to amendments in the act and thus the rules and regulations for compliance overseen by the Dept. of Education’s Office of Civil Rights

• Today – covers all educational activities; applies to an entire school or institution if any program on its campus receives federal funding

Title IX Text

“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 Update

New Requirements• Explosion of Title IX complaints on campuses (Penn

State alone reported 63 cases in 2012)

• 2013 Violence Against Women Act reauthorization; included in the bill was the Campus Sexual Violence Elimination Act (Campus SaVE) which amends the Clery Act

• The Clery crimes to include on the campus Annual Security Report (ASR) will include dating violence, domestic violence and stalking (sexual assault was already included)

• The ASR due in October 2015 requires a description of “education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking, which shall include…”

• “Ongoing prevention and awareness campaigns for students and faculty”

Title IX Update

• January 22, 2014 – President Obama establishes White House Task Force to Protect Students from Sexual Assault

• April 2014 – “Not Alone” – The first report of the White House Task Force to Protect Students from Sexual Assault

• April 29, 2014 – Dept. of Education Office of Civil Rights issues Questions and Answers on Title IX and Sexual Violence – 56 pages of “clarification” and guidance

Statistics

• 1 in 5 women are victims of sexual assault while in college

• 6.1% of males were victims of sexual assault during college

• More than 3,400 forcible sexual offenses were reported by college campuses in 2012, (four-year schools with enrollment of 1,000 or more students)

Source: U.S. Department of Education; and Clery Center

What does this mean for UTHealth?

The university has a duty to promptly respond to complaints of sex discrimination, including sexual harassment and sexual assault/violence, in a way that is reasonably accepted to limit its effects and prevent it recurrence.

Title IX at UTHealth

Developing a Title IX Compliance Plan• Policy Revisions – HOOP 59 Sexual Misconduct – using

the latest guidance, definitions and model policies

• New Procedures – for reporting and investigating

• Staffing Model – Title IX Coordinator (required)

• Training – for students, other trainees, faculty (including without salary appointments), employees, and others

• Process of engagement:• Student Affairs, Student Organizations• Academic Affairs• Faculty Affairs• Campus Safety, UTPD• Counseling, Student Health and student support services• UT Housing and Auxiliary Enterprises• Legal Affairs• Academic Partners, Hospital Partners• Community

Sexual Misconduct Policy – HOOP 59

“UTHealth is committed to providing an environment free from discrimination and inappropriate conduct, which includes all forms of sexual misconduct.”

What is “sexual misconduct?”

Sexual Misconduct is a form of sex discrimination and includes all forms of sexual harassment and sexual assault as well as other unwelcomed sexual advances, requests for sexual favors, or conduct of a sexual nature directed towards another individual.

What is Sexual Harassment?

Sexual Harassment is a form of sex discrimination and includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and/or conduct of a sexual nature when:• Submission to such conduct is made explicitly or

implicitly a term or condition of an individual’s employment, education, student status or participation in university programs or activities; or

• Submission to or rejection of such conduct by an individual is used as a basis for decisions pertaining to an individual’s employment, education, student status or participation in university programs or activities; or

• When, such conduct would be regarded by a reasonable person as so severe and pervasive as to create an intimidating, hostile or offensive environment that substantially interferes with an individual’s work, education, student status or participation in university programs or activities.

What is Sexual Assault?

Sexual assault: is defined as forcible or non-forcible sexual activity that occurs when one person threatens or uses violence or coercion to cause another person to participate in any type of oral, anal, vaginal or other sexual act, or attempts to commit such an act.

Alcohol and Sexual Assault

More than 50% of sexual assault cases on college campuses involve alcohol use. Within the study’s nationally represented sample of college students the results found that 74% of perpetrators and 55% of rape victims had been drinking alcohol prior to the assault.

Reference: Abbey, A. Journal of Studies on Alcohol, Suppl. No. 14, 118-128, 2002.

Reporting Sexual Misconduct

• What should I report?• Who needs to report sexual

harassment or sexual assault?• How do I report?

What should I report?

• Any observed, experienced, or known sexual misconduct, including sexual harassment and sexual assault.

Who needs to report?

• Anyone who experiences, observes, or hears about an incident of sexual harassment or sexual misconduct should report it.

How do I report?

• Title IX Coordinator – Eric Solberg, Associate Vice President, Academic and Research Affairs, 713-500-3082, [email protected]

• STOP Team – 713-792-STOP• UTPD – 713-792-7867 or 911 in the event of

immediate threat of violence• UTHealth Compliance Hotline and Web

Report The Compliance Hotline 888-472-9868. The Compliance Web Report website is www.tnwinc.com/webreport

Why report?

The university is obligated to address complaints of sexual misconduct, including sexual harassment and sexual assault.

UTHealth helps students to navigate the process and seek appropriate remedies.

Can’t I Just Call the Police?

Law enforcement involvement does not relieve the institution from investigating a complaint under Title IX.

There may be a Title IX violation without a criminal violation; and the standard of proof is different.

Complaint Procedures

• Grievance procedures use a preponderance of the evidence standard to resolve complaints.

• Both parties are notified of the outcome of the complaint investigation and their rights to appeal.

• If the outcome warrants disciplinary action, the Student Conduct and Discipline Policy (HOOP 186) includes the process for a formal disciplinary hearing.

• See HOOP 59 for additional information.

Other Policies

• Violence Free Workplace – HOOP 39• Protection from Retaliation – HOOP

108• Equal Opportunity, Discrimination and

Harassment – HOOP 183• Student Conduct and Discipline –

HOOP 186

Resources

Other Resources• Student Health Services and Student

Counseling - 713-500-5171 http://www.uthouston.edu/studenthealth/

• UT Police Dept. - Non-Emergencies 713-792-2890 http://www.mdanderson.org/utpd/index.html

• Campus Safety - http://www.mdanderson.org/utpd/campus-safety-clery.html