Title IX Compliance Overview

Title IX of the Education Amendments Act of 1972 ensures that no person in the United States is discriminated against based on sex in any educational program or activity receiving federal financial assistance. This legislation covers students and employees on campus, at college-sponsored events, and even off-campus if the incident impacts the campus. Compliance with Title IX requires immediate action to investigate, remedy, and prevent harassment. Responsible employees must take action upon actual or constructive notice of sexual harassment or misconduct. Reporting can be done online or through designated campus personnel.

• Title IX Compliance
• Education Amendments Act
• Gender Equity
• Campus Safety
• Reporting Procedures

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1. Title IX Rachel Wellman Compliance Title IX Coordinator 425-564-2441 Office: A220

2. Title IX of the Education Amendments Act 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 educational 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

3. Title IX Overview Civil Rights legislation sexual harassment & gender equity in education US Department of Education Office for Civil Rights (OCR) Early focus on gender equity in athletics Federal mandate NOT optional.

4. Updates & Guidance Title IX Dear Colleague Letters April 2011 Sexual Misconduct April 2013 Retaliation June 2013 Pregnant and Parenting Students Significant Guidance Document April 2014 Q&A about Title IX and Sexual Violence VAWA Clery Act Campus SaVE Act Title IX

5. Title IX Covers Any educational institution receiving federal funds Students & Employees On campus and at college-sponsored events Off campus, when the impact of the incident extends on campus Gender equity applies campus-wide

6. Compliance Essentials BC MUST take immediate and appropriate steps to investigate BC MUST take prompt and effective action to: Stop the harassment Remedy the effects Prevent the recurrence

7. Compliance Essentials - Notice BC must take action once a Responsible Employee has either actual or constructive notice of sexual harassment or misconduct. Actual reported to you, you witnessed, indirect notice from flyers posted on campus, media, online postings, videos Constructive should have known, everyone knows Who is a Responsible Employee??

8. Reporting On Campus: Title IX Coord. Rachel Wellman Human Resources Aaron Hilliard Student Conduct Ana Blackstad Public Safety Online reporting or In-person V I A Off Campus: Police Department WA State Human Rights Commission US Dept. of Ed. Office for Civil Rights Confidential Options: Licensed Professional Counselors Campus Confidential Ombuds

9. Confidentiality BC will seek to protect the privacy of the complainant to the full extend possible, consistent with the legal obligation to investigate, take immediate action, and comply with federal & state law, as well as BC policies & procedures. Confidentiality CANNOT be guaranteed.

10. Title IX Investigations Title IX investigations are separate from: College investigation, NOT a criminal investigation Purpose is to fact-find in order to stop, remedy and prevent harassment Standard of proof: more likely than not (50.1%) Process must be equitable Student conduct Criminal Title VII Police investigations Separate investigations with different standard of proof Does not determine outcome of Title IX investigation There are situations where investigations are conducted together. It is possible to be found guilty in one investigation but not the other. It is possible to receive conduct charges AND criminal charges

11. What is T7 & T9 & Possible Criminal Sexual Harassment Unwelcome conduct that is sexual in nature, sex-based or gender-based AND Severe, persistent or pervasive AND Objectively offensive AND Interferes with, denies or limits access/ability to participate in education/activity Retaliatory Harassment Engaged in a protected activity AND Subjected to adverse employment or educational action AND Connection between protected activity and adverse action Stalking Cleary Reportable Directly, indirectly, or through a third party, engaging in a course of conduct (2 or more acts), directed at a specific person that would cause a reasonable person to: Fear for their safety or the safety of others; OR Suffer substantial emotional distress (significant mental suffering or anguish)

12. T9 & Possible Criminal Violation Dating Violence Clery Reportable Is or has been in a social relationship of a romantic or intimate nature AND Where existence of such a relationship shall be determined based on the following factors: Length of relationship Type of relationship Frequency of interaction between the persons involved in the relationship Includes, but not limited to, sexual or physical abuse or threat of such abuse Domestic Violence Cleary Reportable Felony or misdemeanor crime of violence committed by a Current or former spouse or intimate partner, Person with who the complainant shares a child, Person who has or is cohabitating as a spouse or intimate partner, OR Any other person against an adult or youth complainant who is protected from that person s acts under the domestic or family violence laws of the jurisdiction in which it occurred

13. And theres more Additional Training Components Trauma informed questioning Neurobiology of trauma Bystander approach Affirmative & Enthusiastic Consent Additional Considerations Pregnancy Gender Identity/Equity

14. And theres more help for all the other stuff! http://www.bellevuecollege.edu/reportconcerns/Student Affairs http://www.bellevuecollege.edu/diversity/programs/birst/ Dean of Student Success Ana Blackstad x2630 Disability Resource Center - Susan Gjolmesi or AJ Duxbury x2498 Ombuds Miranda Kato x2131 Title IX Rachel Wellman x2441 Public Safety x2400

15. Role of Compliance Title IX Coordinator Consultation Policy and procedure development Ensure College compliance Oversee investigations Compile statistics Oversee student and employee awareness training

16. Faculty/Staff Responsibilities ROLE Report Immediately Be prepared to make modifications after T9 intervention Annual training - Active bystander/intervention Events/Activities/Trips sex offenders? minors? background check? PREVENTION PRACTICES Group Work location Disclose reporting requirement reminder for specific assignments Interrupt before it becomes an issue Request T9 consultation/intervention

17. Scenarios You learn that a student is missing class because an ex came to help her move, but physically assaulted her instead. The ex is not a BC student. Student informs another, I want to touch you sexually and dominate you. In a paper, a student discloses that are a victim of dating violence/domestic violence. On the first day of class, a student tells you that a former partner, who was stalking them, is in the class. A person is being called derogatory names based on sexual orientation. You hear from students that a colleague is having a sexual relationship with students.

18. More Scenarios You read a Facebook post where students are talking about the creepy _______. A student sent some nude pics to the person they are dating. After they break-up, the one who received the pics shows a couple of friends. Ann and Bill were in a relationship. Ann accuses Bill, who is an athlete, of sexual misconduct. Bill s teammate, Carl, threatens to harm Ann if she keeps saying he assaulted her. Bill is also in a relationship with Dee. Ann says that she has been receiving calls soliciting sex after someone posted her information on an anonymous online site. She is sure it s Dee. Allegation of non-consensual penetration by a student who had consensual sexual intercourse before and after the alleged non-consensual activity.

19. Even More Scenarios A faculty member says to their class, Students ask me out a lot because I m attractive. Faculty to a student, after the student comments about not doing so well on an exam, Well, you could have babies. That s a meaningful thing to do. Faculty comments, in front of the class, that a student looks like an actress from a particular movie. Later, a classmate who is shocked at the comparison, informs the student of the nature of the movie character referenced. A student in your class has Tourette s and their outbursts are sexual. Students in the class begin to complain. One student informs you that they have experienced sexual trauma and the sexual outbursts are impacting her ability to concentrate and learn.

20. Current Case Data June 2014 Current TYPE Complaints Referral Inquiry 16 6 3 June - Aug Fall Total 7 18 25 Total Cases TITLE IX Y N 13 5 7 BEHAVIOR DV &/or Stalking Harassment 10 7 PARTY Faculty/Staff 8