Sexual Violence and Title IX Compliance

Ellen M. BabbittAllison J. Boyle

Goals for this Presentation:• Brief Overview of Title IX, DCL, 2001 Guidance and

Resolution Agreements

• Increasing Student Buy-In and Overcoming Disincentives to Report

• Recurring Issues–Reporters’ Requests for Anonymity and/or No Action–Relationships with Local Law Enforcement– Fair and Equitable Hearings and Investigations

Format of this Presentation:

• Discussion, not lecture

• All questions and “hypos” welcome

• We (and your NACUA colleagues) welcome any new ideas and strategies for addressing difficult issues

Brief Overview:

• Title IX

• 2001 Guidance

• April 4, 2011 DCL

• Recent Resolution Agreements

Bottom line requirements:

• Title IX coordinator

• Updated policies harmonized between constituencies

• Fair, effective, & equitable investigations and hearings

• Appropriate interaction with law enforcement

• Training

Continuing Issues:

• Increasing student and community “buy in”• Balancing confidentiality concerns vs. protection of

the community• Relationship between law enforcement and on-

campus proceedings• Issues regarding “fair and equitable”

investigations and hearings on different types of campuses

1. Increasing Student and Campus “Buy in”

Talking to students about the role of alcohol without . . .

• “Blaming the victim” or being perceived as such

• Undermining institution’s Code of Conduct and prohibitions against underage drinking

• And how to address disputed situations in which both victim and accused were drunk in violation of school policies?

Questions from students

• Students approach Dean of Student Life; indicate that they have heard that a sexual assault occurred on campus

• They believe “nothing is being done” and the University is not taking the complaint seriously

• The Student Newspaper picks up this refrain and publishes an Op-Ed demanding action

• How do you respond?

Some strategies for overcoming disincentives to report

• Climate surveys

• Student meetings

• Transparency

• Training of students, using consistent message and programming content

Questions?

2. Confidentiality Issues

“The reluctant complainant”

• Student confides to institutional rep about sexual harassment/violence

• Refuses to complain – directs you not to tell anyone

• Just wants to state it “for the record”• What is your obligation?• What should the Title IX coordinator do, assuming

you report?

Variation on “reluctant complainant”

• Administrator hears rumor that a graduate student was sexually assaulted by professor, whom she had been dating

• She told a staff member, after swearing that person to secrecy

• Student allegedly does not want to complain because she is a member of a small program and everyone in the cohort, including the professor, will know who complained

Questions?

3. Fair/equitable investigations and hearings

“Preponderance of the evidence”

• What if the Faculty handbook identifies “clear and convincing” evidence as the necessary standard for dismissing a faculty member for misconduct? Is this a violation of Title IX applied in a sexual harassment/assault case?

• What if the Student Disciplinary Code identifies a limitations period for the filing of a complaint against a student; is this a violation of Title IX as applied to a sexual assault allegation?

Issues regarding hearings:

• Victim refuses to pursue complaint if respondent is allowed to be in hearing room with her; respondent has a right under the Student Disciplinary Code to confront accuser. Should the hearing proceed?

• Two victims accuse respondent; the day of the hearing, one of the victims withdraws her complaint and refuses to testify. Can institution consider her allegations as evidence that the other victim was assaulted?

• Respondent withdraws from school the day of the hearing and leaves town. What result?

4. Relationship with local law enforcement

Reporting incidents to police

• Does institution have an obligation to report sexual assaults to police? Is there any downside to doing so?

• Can institution postpone internal investigation/process if local law enforcement so directs? Must it do so?

• Should victims be encouraged to pursue internal complaint before going to the police?

Questions?

5. Training challenges

• How to train students

• How to prioritize training

• How often to train

• How to get students/faculty to attend training

Examples of approaches that work

Questions? Thoughts?

Thank you!