Title IX Training Division of Student Affairs

Title IX TrainingDivision of Student Affairs

Presented By:Jeanne Madorin, Title IX Coordinator

Dr. Michele Howard, Deputy CoordinatorChristine Reed Davis, Office of Student Conduct

Jeff Jensen, Office of Legal Affairs

Title IXWhat is it?

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.”

Title IXRequirements

34 CFR section 106.8(a)

•A school “shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities” under the law, including the investigation of complaints

•A school shall “notify all its students and employees of the name, office address, and telephone number of the employee(s) appointed…

Title IXCoordinator

• Design, oversight, distribution, and implementation of Title IX policies;

• Development and implementation of institution-wide educational programs, including Title IX training;

• Oversight of all Title IX complaints, including:• Grievance initiation• Interim measures (if necessary)• Grievance processing• Documentation and notice• Non-retaliation provisions

“Dear Colleague” Letter - 2011

• Submitted by the Office of Civil Rights in April 2011• Outlined the need for a national “call to action” regarding

statistics surrounding sexual violence: 1 in 5 women are victims of completed or attempted sexual assault

while in college; 6.1% of males were victims of completed or attempted sexual

assault during college; 3,300 forcible sex offenses reported by college campuses in 2009; 800 reported incidents of rape and attempted rape and

3,800 reported incidents of other sexual batteries at public high schools (K-12).

“Dear Colleague” Letter - 2011

•Provides guidance to schools regarding student-on-student sexual violence and:

• Guidance on the unique concerns in sexual violence cases;• School’s independent responsibility to investigate and address;• Interplay between Title IX, FERPA, and Clery Act as they relate to the Complainant’s right to know the outcome of the complaint;•Role of criminal investigations.

“Dear Colleague” Letter - 2011

•Provides recommendations on actions for compliance: Guidance and examples about key Title IX requirements; Examples of remedies and enforcement strategies that

schools and Office of Civil Rights may use to respond to sexual violence;

Proactive efforts schools can take to prevent sexual violence.

Obligations Under Title IX

•Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate.

- 60 calendar days to complete an investigation

•If sexual violence has occurred, prompt and immediate steps to end the sexual violence, prevent its recurrence, and address its effects MUST be taken.

Obligations Under Title IX

•Must take steps to protect the Complainant as necessary, including interim steps taken prior to the final outcome of the investigation.•Provide a grievance procedure for students to file complaints of sex discrimination, including complaints of sexual violence.•Equal opportunity for both parties to present witnesses and other evidence.

Obligations Under Title IX

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

-“50% + a feather”

• Notify both parties of the outcome of the complaint and appeal rights.

- Complainant and Accused have equal rights to notification

- Each are informed of appeal rights and action of the other person

Complaint Procedures

• Student on student complaints are addressed in the Interim Regulations on Student Sexual Misconduct Complaints approved March 2012.

• An addendum to the general Code of Student Responsibility.

• Outlines the following:• Definitions of violations;• Timing of complaints (no time limitation);• Intake process of complaint;• Options for Complainant;• University conduct process

Violations

The following behavior, or an attempt to engage in the following behavior, is subject to student conduct

action:

•Committing Sexual Acts without Consent;

•Committing Sexual Contact without Consent;

•Committing Sexual Exhibitionism;

•Committing Sexual Exploitation; and/or

•Committing Sexual Harassment

Process

• Dean of Students Office receives a report• Intake meeting scheduled with Complainant(s):• Provide a general understanding of regulations;• Identify forms of support or immediate intervention;• Discuss accommodations that may be appropriate

regarding academic, University housing, and/or University employment arrangements, No Contact Orders;

• Seek to determine if Complainant wishes to proceed with conduct process or does not wish to pursue resolution of any kind.

Process

If the Complainant does not wish to proceed …

Title IX requires that we investigate and “take reasonable action” in response to the information provided.

•The Intake Officer must weigh the Complainant’s request not to proceed or for confidentiality with:

• The seriousness of alleged sexual misconduct;• Whether there have been other sexual misconduct

complaints against the same Accused student;• The Accused student’s right to receive

information about the allegations under FERPA

Process

If the Complainant does wish to proceed… •Intake meeting scheduled with Accused Student(s):• Inform the Accused of allegation of sexual misconduct;• Provide a general understanding of regulations;• Outline the investigation process;• Identify forms of support or immediate interventions.

•Intake Officer forwards the complaint and summary information to the Director of Student Conduct for formal investigation.

Investigation

If the Complainant does wish to proceed… •Notice of Investigation is sent to Complainant(s) and Accused Student(s)•Conduct Investigation Team will contact the Complainant(s), Accused Student(s), and any relevant witnesses to participate in an investigation interview•Investigation Team will compile an Investigation Report of findings•Investigation Report will be shared with both parties

Investigation

If the Complainant does wish to proceed… •Accused Student(s) can be offered an informal resolution by Investigation Team *not mediation*• May accept resolution and waive hearing = no

appeal right for either party- Complainant is informed of resolution

• May decline resolution and proceed to formal conduct board hearing- Complainant is informed of formal board hearing process

Formal Hearing

If the Complainant does wish to proceed… •Administrative Judicial Board hearing is scheduled• Lead Investigator presents Investigation Report• Complainant(s) provides testimony• Accused Student provides testimony

•Board determines level of responsibility based on preponderance of evidence•Board determines appropriate sanction(s) if Accused Student is found responsible•Complainant may be present for outcome and sanctioning

Formal Hearing

If the Complainant does wish to proceed… •Both parties are notified in writing of the outcome and sanctions•Both parties have right to appeal the Board’s decision based on:

- Violation of due process; or-Material deviation from Substantive and Procedural Standards-NOT because they do not like the sanctions assigned

Conduct Processvs. Legal System

University Conduct Process•Less formal process•Standard of evidence = “more likely than not”•Determination of responsibility for violation a University policy•Lesser burden of gathering information and does not have the same strict rules of evidence or due process•Found Responsible or Not Responsible

Legal System•Formal process•Standard of evidence = “beyond a reasonable doubt”•Determination of responsibility for violating a Federal, state or local law•Has strict evidence gathering requirements and due process•Found Guilty or Innocent

Conduct Processvs. Legal System

• University conduct action can be taken before criminal action has been completed.

• Complainants have the right to file both criminal charges and University conduct charges.

• The University conduct process is not a substitution for criminal proceedings• it can run parallel with it when there are overlapping charges.

• University conduct process is not “double jeopardy” because the conduct process is administrative, versus the criminal process• students have responsibilities to UNC Charlotte in addition to

those to society.• Since both processes are different, there may

be different outcomes.

Reporting

• Students may report complaints of sexual misconduct by another student to:

Dean of Students Office Police & Public Safety Housing and Residence Life Title IX Coordinator Any staff or faculty member

• Complaints can be addressed between students whether they occur on campus or off campus

Reporting

•If a student reports to you that s/he has been involved in an act of sexual violence or misconduct…the University has been “placed on notice” per Title IX.•There is an expectation to report the information to one or more of the following:

- File an online Incident Report at incidentreport.uncc.edu - Dr. Michele Howard, Dean of Students Office- Jeanne Madorin, Human Resources Office- Police and Public Safety- Your supervisor

What should you do?

Reporting

•Get as much information as possibleWhat happened?When did it happen?Who else may have witnessed this?

•Confidentiality Assure student you will keep information private to the extent possible but DO NOT promise the student that you will keep the information absolutely confidential (unless you legally bound to provide confidential services)

What should you do?

Reporting

•Offer to go with the student to report their complaint. •Let him/her know that the university doesn’t condone this type of behavior and the effect it has on others.•Tell him/her that you have an obligation to report what s/he has told you. •Inform the student that s/he will probably be contacted by someone who works with these types of complaints so that options are explained.

- The student can decide at that point if they want to cooperate.

What if the student clams up?

Reporting

It is best to allow an investigation to determine the credibility of the complaint

- You will have an opportunity to give information regarding the credibility of the individuals involved.

What if you don’t believe the student?

Resources

* Counseling Center (704-687-0311) can guarantee confidentiality* Student Health Center medical providers (704-687-7400) -can guarantee confidentiality* Jennifer Cook (704-687-7348) Student Health Center – coordinates prevention and support services for relationship violence, sexual assault and stalking* Police and Public Safety (704-687-2200)* Jeanne Madorin (704-687-0659)* Michele Howard (704-687-0343)* Kim Whitestone (704-687-4955)

Where can you direct the student?

What If….

• The Accused is a Faculty or Staff member?• Report the issue through the Human Resources process.• The student Complainant still has access to University resources.

• The Complainant is a non-student?• The University regulations apply to student on student misconduct. • The non-student Complainant should report the incident to the local

police in the area the incident occurred.• The Accused is a non-student?

• The University regulations do not apply to non-students.• The student Complainant should report the incident to local police

in the area the incident occurred.• The student Complainant still has access to University

resources.

What If….

• The Complainant doesn’t want to make the report alone?• Both the Complainant and the Accused have the right to have a

support person accompany him/her at any point throughout the process, including during an Administrative Judicial Board hearing.

• The incident happened off campus?• The Code of Student Responsibility and the Sexual Misconduct

Regulations can address both on and off campus behavior.• The incident happened a long time ago?

• There is no “statute of limitations” on how long a Complainant has to file a complaint.

• Sometimes it takes a person a while to feel comfortable coming forward to make a complaint.

Doing Nothing

What if you don’t do anything??• University’s Liability

- Attorney’s fees to defend- Institutional time and effort to defend- Publicity- Reputation damage to University, college and program- Monetary judgments/fines- Plaintiff’s attorney’s fees

Doing Nothing

What if you don’t do anything??• Personal Liability

- Loss of responsibilities/employment status- Personal liability- Attorney’s fees for personal attorney- Loss of reputation- Time, effort and stress of defending lawsuit- Depending on allegation, possible liability

Important Policies

• Interim Regulations on Student Sexual Misconduct Complaints (student –on-student sexual harassment) http://legal.uncc.edu/sites/legal.uncc.edu/files/media/SexualMisconductRegs.pdf

• UP – 406 The Code of Student Responsibility - http://legal.uncc.edu/policies/up-406

• UP – 403 Student Appeals and Grievances - http://legal.uncc.edu/policies/up-403

• UP-502 Sexual Harassment Policy and Grievance Procedures - http://legal.uncc.edu/policies/up-502

• UP – 101.3 Relationships between Students and Faculty Members or other University Employees -

• http://legal.uncc.edu/policies/up-101.3

A Word About…

Consensual Relationships between Students and Other University Employees

It is improper and professionally unethical for a faculty member, instructional assistant, or other University employee to participate in the instruction, evaluation, or supervision of a student with whom there is an amorous relationship or familial relationship. * Evaluate or supervise means: -To assess, determine or influence academic performance, progress, potential or entitlement to University right, benefit or opportunity; or -To oversee, manage, or direct one’s academic or institutionally prescribed activities.

An Ounce ofPrevention…

• Model appropriate behavior.• Remember that you are in a position of power.• Inform students of proper behavior and intercede when

necessary.• Provide information on policies and resources.• Encourage students to help each other model

appropriate behavior and to come forward with complaints.

• Be available and keep your eyes and ears open.• Address issues as they occur.

An Ounce ofPrevention…

• Empower students and co-workers:• It’s ok to tell someone that their attention or conduct

is offensive or unwelcome;• Ask person to stop – make them aware of how their

actions are perceived.• Be careful when using social media.• Remember your role when attending or inviting students

to social functions.• Do not put yourself in a compromising position.

Questions &

Answers