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FSU NEW FACULTY ORIENTATION:UNDERSTANDING TITLE IX
Jennifer Broomfield, LISW, JDTitle IX Director
Office of the Provost
WHAT IS TITLE IX?
• 37 Words: – “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 1972 Educational Amendment
SO WHAT DOES THIS MEAN?PART I
• Title IX requires:– Gender equity
• Title applies to:– Students– Faculty– Staff– Visitors– University activity on and off campus
SO WHAT DOES THIS MEAN? PART II
• Title IX prohibits Sexual Misconduct:– Sex discrimination and harassment – Sexual Violence (rape, sexual assault and
sexual battery)– Intimate partner violence (dating &
domestic violence)– Gender based animosity (discrimination,
harassment and violence)– Sexual /gender stereotyping– Stalking
WHAT IS HARASSMENT?
• Sexual Harassment: – is sexual in nature – is unwelcome– denies/limits a student’s ability to
participate in/benefit from a school’s education program.
• U.S. Dept. of Education, Office for Civil Rights, Sexual Harassment: It’s Not Academic, Washington, D.C., 2008
WHAT IS A HOSTILE ENVIRONMENT?
• Subjective and objective standard• A hostile environment exists when
the sexual misconduct:– is severe or pervasive (a single act of
sexual violence may meet the criteria for severe)
– has the effect of unreasonably interfering with an individual’s educational or employment opportunities
WHAT IS CONSENT?PART I
• kNOw MORE definition:–Asking the question–Of a capable person–With Adequate disclosure–Without coercion
WHAT IS CONSENT?PART II
• Consent to one sexual act is NOT consent to another act.
• Consent can be withdrawn at ANY time, as long as the withdrawal is clearly communicated by the person withdrawing the consent.
• Consent to a sexual act yesterday is NOT consent to that act today.
WHAT IS OUR NON-RETALIATION POLICY?
• Retaliation is prohibited against individuals who:–Make a complaint– Help someone report– Participate in an investigation– Oppose discriminatory conduct
• Retaliation by third parties is also prohibited
WHAT FSU POLICIES APPLY?
• Title IX Statement– https://smr.fsu.edu/documents/TitleIXStatement.pdf
• Student Conduct Code– https://dos.fsu.edu/srr/conduct-codes/
• EOC Non-discrimination policy– http://policies.vpfa.fsu.edu/personnel/3i.html#3
• Sexual harassment policy– http://hr.fsu.edu/?page=eoc/eoc_sexual_harassment
• Sexual battery policy– http://policies.vpfa.fsu.edu/bmanual/battery.html
• Coming soon: Unified Sexual Misconduct policy
WHAT ARE OUR TITLE IX OBLIGATIONS?
• Legal Duties:– Investigate• Regardless of criminal investigation
– Eliminate– Address Effects– Prevent Recurrence
WHEN IS FSU ON NOTICE OF AN INCIDENT?
• When we know or reasonably should know–When a Responsible Employee knew,
or in the exercise of reasonable care, should have known about the sexual misconduct• Responsible Employees must report
incidents of sexual misconduct
WHO ARE RESPONSIBLE EMPLOYEES?
• “Responsible Employees”– Any employee who is NOT a confidential
source.– FSU Confidential sources• Victim Advocates• Mental health counselors (UCC and EAP)• University health center medical staff• Pastoral counselors
WHAT MUST BE REPORTED?
• Names of Reporting Individual and Responding Individual
• Other Parties Involved in the alleged incident
• Date, time and location of alleged incident
• Other relevant information (however, do NOT conduct your own investigation)
HOW IS A REPORT MADE?
• You can make a report of sexual misconduct to:– Title IX Director– Title IX Deputy Coordinators
• Renisha Gibbs: faculty, staff & visitor• Vanessa Fuchs: athletics
– Dean of Students / Students Rights and Responsibilties– Office of Equal Opportunity & Compliance– FSU Police Department– Others:
• Supervisor• FSU’s EthicsPoint (anonymous hotline)
CAN I FILE AN ONLINE REPORT?
• YES!
• FSU Title IX Office– www.titleix.fsu.edu • Click on “File a Report”
WHAT OTHER INFORMATION IS AVAILABLE ON THE TITLE IX OFFICE WEBSITE?
• FSU Title IX Statement
• DOE Guidance Documents
• Links to FSU, community, state and local resources
WHO INVESTIGATES?• It depends!
• Non-criminal investigations:– EOC
• Complaints about faculty, staff , visitors and contractors• Procedures:
– http://policies.vpfa.fsu.edu/personnel/3i.html#3– Title IX Office/DOS
• Complaints about students• Procedures:
– https://smr.fsu.edu/documents/TitleIXStatement.pdf– https://dos.fsu.edu/srr/conduct-codes/
• Criminal investigations:– FSU Police Department– Tallahassee police Department– Leon County Sheriff’s Office
WHEN IN DOUBT….
• REPORT!!!– You are responsible for reporting any allegation
of sexual misconduct– You are not responsible for the investigation
the allegation• You should not interview the Responding Party or
other witnesses• You should not take/have the Reporting Party sign a
statement
– The Title IX Director, Deputy Title IX Coordinator or a EOC Investigator will initiate the investigation.
WHAT HAPPENS AFTER YOU MAKE A REPORT?
• Title IX Director, Deputy Title IX Coordinator or EOC Investigator will initiate an investigation:– Interview Victim/Reporting Individual – Interview Witnesses– Interview Responding Party(ies)– Review other relevant evidence– Complete Investigation and make recommendations to:
• Office of Student Rights and Responsibilities (if Responding Party is a student
• Appropriate Vice President (if Responding Party is a faculty member, staff person, or visitor)
WHAT OTHER LAWS APPLY?
• Title VII: prohibits discrimination against employees
• Title IV: prohibits discrimination against students in public schools, colleges and universities
• Florida Vulnerable Person’s Act: mandates EVERYONE to report suspected child abuse to Florida Dept. Of Children & Families (for more information: http://hr.fsu.edu/?page=eoc/eoc_protection_of_vulnerable_persons )
DEPT. OF EDUCATION GUIDANCE
• Revised Sexual Harassment Guidance 2001
• DCL April 2011• DCL FAQs April 2014• Title IX Resource Guide April 2015• All are available at: – http://www2.ed.gov/about/offices/list/
ocr/publications.html#TitleIX
FSU RESOURCES
• kNOw MORE• Victim Advocate Program• Employee Assistance Program• University Counseling Center• University Health Services• FSU Police Department
LOCAL AND NATIONAL RESOURCES
• Refuge House– 850-681-2111– refugehouse.com
• 211 Big Bend– 211– 211bigbend.net
• RAINN – national sexual assault hotline– 800-656-4673– Rainn.org
• National Domestic Violence Hotline– 1-800-799-7233– thehotline.org
COMING SOON…
• Unified Sexual Misconduct policy
• April 2016: Creating a Trauma Informed Nole Community – one day training for students, faculty, and staff
WHAT ARE THE KEY POINTS TO REMEMBER?
PART I• Create an inclusive, non-hostile environment• Sexual Misconduct is an umbrella term that
includes: sexual discrimination and harassment, gender based animosity, sexual stereotyping, sexual violence, intimate partner violence and stalking
• Treat all complaints seriously• Report all complaints without delay• Use your resources• When in doubt, REPORT!
WHAT ARE THE KEY POINTS TO REMEMBER?
PART II
• Florida State University does not tolerate sexual
violence. We continue to actively and aggressively provide
institution-wide programs and services to educate our students
and university community on responsible conduct, the meaning
of consent, how to properly report cases of sexual misconduct,
and how to hold individuals accountable for their behavior. The
kNOw MORE sexual violence prevention initiative is about
action, education, and the continuum of care for our students,
faculty, and staff.
QUESTIONS?
• Thank you!
CONTACT INFORMATION
Jennifer Broomfield, LISW, JDTitle IX Director
408-H Westcott Building850-644-6271