What You Need to Know About Title IX

December 7, 2016

Presented by Shirlyon McWhorter, Esq.Title IX Coordinator & Director

Equal Opportunity Programs & Diversity

What is DiversityDiversity is about people

It is about the environment

It is about how we think and how that translate into how we act

It is about how we value, appreciate and understand the differences that make each person unique

TITLE IX

� Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance.

� No person on the basis of sex should be excluded from participation in, be denied the benefits of, or subject to discrimination under any

� Academic

� Extracurricular

� Research

� Training

� Education Program or Activity

What is Title IX?

v Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance.

v Florida International University is a receipient of federal financial assistance

The AuthorityThe US Department of Education (DOE) is charged with enforcing the provisions of Title IX.

The Office of Civil Rights (OCR) is the section of DOE that administers Title IX.

Sexual Violence on Campus

1 in 4 women will be the survivors of

sexual violence

1 in 7 men will be survivors of sexual violence

Sexual Violence is most likely to occur at night

and in someone’s residence

90% of survivors know the

perpetrator

Sexual Harassment Definition

Sexual Harassment is unwelcome, gender based verbal or physical conduct that is:

§ Sufficiently severe, pervasive and persistent to unreasonably interfere with the students' ability to participate in the educational program, OR

§ Based on power differentials (quid pro quo) or creates a hostile educational environment, or involves retaliatory behavior (even one instance).

Sexual Violence Definition

Sexual violence is a form of sexual harassment prohibited by Title IX.

� Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs, alcohol, age or disability

� May include rape, sexual assault, sexual battery, and sexual coercion

Scope of Coverage

� Title IX protects students and employees from sexual harassment in an institution’s education programs and activities, including:� All academic, educational, extracurricular, athletic, and

other programs of the institution� On-campus, off-campus, in transit, sponsored at other

locations, etc

Scope of Coverage

� Title IX also prohibits gender-based harassment, including:� acts of verbal, nonverbal, or physical aggression,

intimidation, or hostility based on sex, even if those acts do not involve conduct of a sexual nature

� sex-based harassment by those of same sex� discriminatory sex stereotyping (ex. Harassment of gay and

lesbian students)

What Sexual Harassment Looks Like

� The person engaging in harassing behavior is often in a position of power, influence, or authority over the individual toward whom the conduct is directed.

� Questionable conduct is more likely to be harassment if it is repeated.

� Sexual harassment can also be based on power and intimidation as opposed to sexual interest.

Let’s Talk About Consent

FINGER POINTING

It is the responsibility

of the FIU community to report alleged violations of

Title IX

Your Reporting Responsibility

Responsible Employee per the OCR:

� Any person who has the authority to take action to redress sexualharassment/misconduct; who has been given the duty of reportingincidents of sexual harassment/misconduct by student to the Title IXcoordinator, or who a student reasonably believes has this authorityor duty.

� It is the responsibility of all FIU faculty members to report allalleged violations of Title IX.

� You may report in person to EOPD.� You may report anonymously using the FIU Ethical Panther line at

www.convercent.com/report or by calling 1-844-312-5358.

Confidentiality

� A confidentiality request will be evaluated in the context of the College’s ability to provide a safe and nondiscriminatory environment for all students and staff.

� If complainant requests confidentiality or asks that the complaint not be pursued, the school should still take all reasonable steps to investigate and respond consistent with the request for confidentiality.

� The college is still required to pursue steps to limit the effects of the alleged harassment and prevent its recurrence

Who can I talk to confidentially?

� Clergy

� Licensed mental health professions

� Local off-campus rape crisis center

� Victim counselors

� Psychologist

� If you are not sure of a person’s ability to keep information confidential, ask them.

Potential Steps to Keep Complainant Safe

� Provide an escort on campus & to parking lots.

� Arrange for special parking location.

� Speak with faculty/staff where complainant frequents.

� Change class sections where possible so that complainant and alleged perpetrator aren’t in the same classes or work areas.

� Change campus work schedule where possible

� Provide counseling services.

� Arrange for complainant to re-take a course or withdraw from a class without penalty.

� Arrange for employee to take time off from work.

Retaliation

Retaliation against ANY participant in the process – accused, victim, witness, reporting individuals or third parties – is prohibited.

POLICY AND PROCEDUREFIU REGULATION 105

� Prohibition: Discrimination of any kind is prohibited

Protections providedØ All parties will be treated equally and fairly

Ø Prompt investigations, published timelines

Ø Notice of outcome

ReportingØ In person

Ø Ethics and Compliance Hotline - ConvercentYou may access the FIU Ethical Panther line at www.convercent.com/report or by calling 1-844-312-5358.

Summary of FIU’s Obligation

� If FIU knows or reasonably should have known about sexual harassment that creates a hostile environment, Title IX requires immediate action to eliminate the harassment, prevent its recurrence, and address its effects

� Must designate Title IX Coordinator, publish notice of nondiscrimination, and adopt and publish grievance procedures.

� Train employees to report harassment to appropriate institutional officials

� Train employees with authority to address harassment, or who are likely to witness it or receive reports, how to respond properly

� Investigate complaints adequately, reliably and impartially

� Provide grievance procedures that promote prompt, equitable resolution of complaints

� Undertake education and prevention efforts

To Whom Should Alleged Title IX Violations be Reported?

Shirlyon McWhorter

F.I.U’s designated Title IX Coordinator

Reporting:Shirlyon McWhorter, Title IX CoordinatorDirector, Equal Opportunity Programs and DiversityPC321 Phone: (305) 348-2875E-Mail: eopd@fiu.edu

Marlynn Jones, Deputy Title IX CoordinatorEqual Opportunity Programs and DiversityPC321 Phone: (305) 348-2356E-Mail: marjones@fiu.edu

Kristen Kawczynski, Deputy Title IX CoordinatorDirector, Student Conduct and Conflict ResolutionGC311A Phone: (305) 348-3939E-Mail: kristin.kawczynski@fiu.edu

Julie Berg, Deputy Title IX CoordinatorSenior Associate Athletic DirectorUSCBA 202A Phone: (305) 348-2352Email: julie.berg-Mc_Graw@fiu.edu