Preventing Discrimination and Sexual Violence Student Training
Title IX, VAWA, and Clery Act for Students By Dr. John Burnett, Special Assistant for EEEO and Title IX Coordinator, Office of Human Resources
Message from President Geraldine Jones Dear Students: The University is inspired by its core values of integrity, civility, and responsibility and is guided by its bill of rights and responsibilities: We have the right to safety and security; we have the responsibility to ensure the safety and security of others. We have the right to be treated with respect; we have the responsibility to treat others with respect. We have the right to expect the best; we have the responsibility to give our best. We have the right to be treated fairly; We have the responsibility to treat others fairly. California University encourages everyone to aspire to these high ideals in order to make our University community, and our world, a better place. Discrimination is a destructive practice that is antithetical to the goals and values of our university. In compliance with federal and state laws, the University is committed to providing equal education and employment opportunities for all persons without regard to race, color, sex, religion, national origin, age, disability, ancestry, sexual orientation or status as a disabled or Vietnam-era veteran. Each of us must reaffirm the University's commitment to the principles of equality, justice and fair play. This training presentation is another way for members of the California community (faculty, staff, students, alumni, and guests) to gain a better understanding of what constitutes discrimination and the kinds of actions that might be taken to prevent or handle problem situations. Every student, faculty member, staff member, and administrator is encouraged to become aware of and to support the University’s Policy Statement and Compliance Procedures on Equal Employment Opportunity and Social Equity. Should you have any comments or questions about Cal U’s policy or want more information regarding the identification and prevention of discrimination, please contact the Office of Human Resources, Dixon Hall 408, telephone: 724-938-5425. Thank you for your interest and involvement in making our campus a harassment-free environment.
Geraldine Jones University President
Training Disclaimer
This training contains adult situations and language. The content and the delivery of the content is not meant to offend, embarrass or harass and is strictly for training purposes to show what behavior and language is prohibited.
Did You Know? One in 5 women and one in 16 men are sexually assaulted while in college (Krebs, Lindquist, Warner, Fisher, & Martin, 2007). The majority of these crimes (90%) on college campuses are never reported (Fisher, Cullen, & Turner, 2000). Forms of Harassment include, but are not limited to: Verbal and nonverbal harassment Gender-based harassment Sexual Violence: Unwelcome sexual advances Requests for sexual favors Physical conduct of a sexual nature Sexual assault Sexual battery Sexual abuse Sexual coercion Rape
Sexual Violence Perpetrators of Sexual Violence can be anyone! Anyone can be a Victim of Sexual Violence! Some common types of Sexual Violence includes: Physical sexual acts of perpetration committed against a person: without their consent, or when a person is legally incapable of giving consent
Sexual Violence examples include, but not limited to: Sexual Coercion Rape Sexual Battery Sexual Assault
Consent vs Sexual Assault
Consent – the difference between sexual assault and adult consensual sex: Consent constitutes: Positive Voluntary Agreement by all parties Affirmative and ongoing Consent by all parties Responsibility of all parties
Consent can be withdrawn at any time!
Past Consent does not mean future Consent is automatic.
Impaired Judgement – incapacitation of a victim contribute heavily to Sexual Violence: Alcohol Drugs – illegal substances Date Rape Drugs – used as a means of impairing a victim’s speech and movement, some examples are: Ketamine Rohypnal GHB
Sexual Violence is about having POWER over another person, not simply about sex.
Void Intimate Partner Violence Intimate Partner Violence does not have to include sexual intimacy Intimate Partner Violence types: Sexual Physical Psychological Threats of sexual and/or physical harm
Partners can be: Different-sex partners Same sex partners
Intimate Partner Violence categories, just to name a few: Dating Violence Relationship or Partner Violence Domestic Violence
Stalking Stalking is when someone excessively and repeatedly harasses another person Stalkers may be total strangers or they can be someone you know Stalkers are most commonly motived by wanting power over someone Stalking includes, but not limited to: Spreading untrue or damaging rumors about someone Targeting someone, for example: Defaming someone’s character Spying on someone Consistently and intentionally following someone Pattern of calling someone in a harassing manner Sending unwanted messages or presents Damaging personal property
Stalkers can threaten you, they can attack you, they can sexually assault you, and they can even kill you. Thus, stalkers can be very dangerous and must be taken seriously!
Steps to help prevent Stalking Do not interact or engage with someone you believe to be stalking you Change you normal routine, change-up your route to class or home, and try not to travel alone Limit your time alone at all times if possible and try to stay in public places Never provide another person with someone else’s personal information, such as their class schedule, address, telephone number, email address, class schedule, or whereabouts, without consent As a friend or bystander, if you see or hear someone being physically or verbally abused, ask if they need help or go get help Never encourage or support violent or hostile relationships and do not tolerate disrespect Involve law enforcement, a friend, and/or fellow advocate Trust your instincts
Friends and Bystanders Prevention Tips Most importantly, do the right thing: Get Help Call the campus police and/or local police Make a Report
Ask for help from campus personnel Know and utilize available campus resources
Use the Buddy System when going out and leaving Check in with your friends periodically throughout the day/night at a party, etc.
Always predetermine who is going to be your Designated Driver Make sure your Designated Driver stays sober and drug-free
Never leave someone alone who is drunk, on drugs, or unconscious Do not allow untrustworthy or unknown people into your residence Never engage in sexual activity if you and/or the other party (parties) are impaired Drunk On drugs Unconscious
Harassment All students and employees are expressly prohibited from engaging in any form of harassing, discriminating, intimidating or retaliatory behavior or conduct in all interactions with each other, whether or not the interaction occurs during class or on or off campus. Allegations of unlawful harassment occurring at clinical sites to which students are assigned shall be investigated in accordance with this procedure. Any individual who has engaged in prohibited behavior or conduct will be subject to disciplinary action up to and including expulsion or dismissal. All students are encouraged to report any act of unlawful harassment, discrimination, retaliation and/or intimidation. Reports will be treated in an expeditious and confidential manner. Visitors to campuses shall not engage in prohibited conduct and may be barred for such conduct if other corrective measures are ineffective.
Harassment vs. Unlawful Harassment Harassment becomes unlawful where: enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Unlawful Harassment Unwelcome Offensive both to the recipient and a “reasonable person” Severe or pervasive-meaning more than a one time occurrence. Excluding battery, rape, or physical assault which is always severe and pervasive. Also in cases where there is a pattern of conduct that might seem like a one time occurrence where other victims are not aware of each other. Prohibited under Pennsylvania State and Federal Law Does not refer to occasional compliments of a socially acceptable nature
Sexual Harassment and Discriminatory Behavior Sexual Harassment and Discriminatory Behavior can include: Inappropriate Touching, Hugging, Patting, Rubbing, Pinching, Getting too close to someone Sexually explicit pictures, cartoons, screensavers, posters, sexual objects/toys, pornographic magazines, and videos that are not related to someone’s educational course, study content, syllabus Anything with sexually explicit language (i.e., t-shirts, music) again not related to academic freedom Stalking/Indecent Exposure/Flashing/Domestic Violence & Dating Violence Using racial, ethnic or gender slurs or Sexually explicit profanity
Hostile Environment When Sexual Violence interferes with a student and their learning environment, it is said to create a Hostile Environment under Title IX. Likewise, when Sexual Violence interferes with an employee and their work environment, it is said to create a Hostile Environment under Title IX. Each state may define Sexual Violence slightly different. However, they all agree that Sexual Violence violates criminal law. Coercion, manipulation, and threats forcing someone to perform sexual acts, which include sexual touching, sexual battery, sexual assault, and rape, are prohibited and a violation of a person’s rights and the law.
Familiarize Yourself With the Laws Title IX of the Education Amendments Act of 1972 SaVE Act Provisions in the Violence Against Women Act (VAWA) The Clery Act and Jeanne Clery
Title IX of the Education Amendments of 1972 Implementing regulations at: 20 U.S.C. 1681 & 34 C.F.R. Part 106 “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.” For additional details see Department of Justice at: https://www.justice.gov/crt/overview-title-ix-educationamendments-1972-20-usc-1681-et-seq
Overview: Title IX of the Education Amendments Act of 1972 Overview of Title IX of the Education Amendments of 1972 (On June 23, 1972, the President signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law. Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance. The Department of Education has issued regulations on the requirements of Title IX, 34 C.F.R. § 106.1et seq. The Title IX common rule published on August 30, 2000 covers education program providers/recipients that are funded by other federal agencies.
Sited from Department of Justice: https://www.justice.gov/crt/overview-title-ixeducation-amendments-1972-20-usc-1681-et-seq
SaVE Act Provisions in the Violence Against Women Act (VAWA) The Violence Against Women Reauthorization Act (VAWA) imposes new obligations on colleges and universities under its Campus Sexual Violence Act, “The Campus SaVE Act”. Under VAWA, all colleges and universities are required to: Report domestic violence, dating violence, and stalking, beyond crime categories the Clery Act already mandates; Adopt certain student discipline procedures, such as for notifying purported victims of their rights; and Adopt certain institutional policies to address and prevent campus sexual violence, such as to train pertinent institutional personnel.
Sited from Safe Colleges by Vector Solutions: https://www.safecolleges.com/hot-topics/vawa/
The Violence Against Women Act (VAWA) Reporting Requirements The Clery Act requires annual reporting of statistics for various criminal offenses, including forcible and non-forcible sex offenses and aggravated assault. VAWA’s SaVE Act provision adds domestic violence, dating violence, and stalking to the categories that, if the incident was reported to a campus security authority or local police agency, must be reported under Clery. These offenses are defined: “Domestic violence” includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law. “Dating violence” means violence by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction. “Stalking” means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.
Sited from Safe Colleges by Vector Solutions: https://www.safecolleges.com/hottopics/vawa/
The Clery Act
Who is Jeanne Clery and what does she have to do with the laws? Jeanne Clery was a 19 year old student at Lehigh University, Pennsylvania, when on April 5, 1986 while asleep in her dormitory room, she was awoken by a robber (Josoph M. Henry, a fellow student). Henry killed Jeanne by beating cutting, raping, sodomizing, and strangling her.
What is the Clery Act? Named after Jeanne Clery, The Clery Act became a law in 1990 requiring universities to maintain records and disclose information about crimes that occur on their campuses. Her parents, Connie and Howard Clery, did not know the dangers their daughter would encounter at college, because standards for campus crime reporting simply did not exist in 1986. Mr. & Mrs. Clerys lobbied for revolutionary policy changes that became the Jeanne Clery Act – which opened dialogue between educators, families, and legislators regarding campus safety and statics. The Clerys are also the founders of a 501(c)(3) nonprofit organization, The Clery Center, which remains dedicated to preventing the kind of violence that happened to their daughter, Jeanne, by guiding institutions of higher education to implement effective campus safety measures.
VAWA and The Clery Act Goals Educating Higher Education campus community that violence against women is unlawful and will not be tolerated Working to help promote protection from and prevent sexual assault, domestic and dating violence and stalking on campus Victim and survivors services coordination in response to campus incidents Providing ongoing information on campus security statistics and policies
VAWA and The Clery Act Protects VAWA and The Clery Act both were established to protect all students and employees, regardless of their: Race or Nationality Gender and Gender Identity Sexual Orientation Immigration Status Tribal Affiliation
Compliance CALU Policies Against Discrimination All students, faculty, staff and other members of the campus community are subject to these policies. Individuals who violate this policy are subject to discipline, up to and including termination for employees and/or expulsion for students. This policy is not intended to and does not infringe upon academic freedom in teaching or research.
Retaliation Retaliation - taking a negative or punitive action against an individual who files a complaint, complains of discrimination or sexual harassment, or provides information in an investigation concerning discrimination or sexual harassment. Retaliatory conduct is a violation of CALU policy and Pennsylvania State and Federal laws. Retaliatory acts which result from complaints are often proven more easily than the initial charges.
Penalties of Discrimination and Sexual Harassment for violations of CALU policies Discipline, which can result in expulsion Loss of Time and Money (Legal Fees) Embarrassment and/or ruined reputation Discrimination and Sexual Harassment complaints can sometimes result in: a police report needing an attorney becoming a court case unwanted media exposure, i.e. newspaper, etc.
Sexual Violence Survivors Sexual Violence Survivors are advised to seek immediate medical help and to take precautionary measures to preserve any evidence Notify the law enforcement authorities Sexual Violence and Harassment Survivors are encouraged to seek assistance from our campus Title IX Coordinators, campus resources, and campus authorities File a Title IX Compliant with a campus Title IX Coordinator and/or with the Office of Civil Rights (OCR) Stalking Victims can get a Restraining Order by notifying the campus police or local authorities
Who to Call in an Emergency All crimes committed at Cal U must be reported and if necessary reported to the community in a timely fashion. A crime log of all crimes is kept at the Department of Public Safety and University Police, Pollock Maintenance Building, for review by anyone. ď‚´ POLICE EMERGENGY, Dial 911 ď‚´ Threat Response Assessment and Intervention Team (T.R.A.I.T.) & Dept. of Public Safety & University Police, Pollock Maintenance Building, 724-938-4299, EMERGENCY: Dial H-E-L-P (from any oncampus phone) or go to any public pay phone and Dial *1. (*Identify the situation as an emergency and an officer will be dispatched immediately.)
Local Available Resources Counseling Center, Carter Hall G-53, 724-938-4056 End Violence Center, Natali Student Center G-94, 724-938-5707 Student Affairs, Natali Student Center 311, 724-938-4439 Wellness Center, Carter Hall G-53, 724-938-4232 Women’s Center, Natali Student Center 117, 724-938-5857 Washington County 24-Hour Crisis Hotline/STTARS Program, 1-877-225-3567 Washington County 24-Hour Domestic Violence Services Hotline, 1-800791-4000
Campus Contacts Office of Human Resources, Dixon Hall 408, 724-938-5425 Dr. John Burnett, Special Assistant for EEEO and Title IX Coordinator Eric Guiser, Director, 724-938-4427
Office of Students with Disabilities, Carter Hall G-35, 724-938-5781
Dr. John Masella, Director
Chief Ed McSheffery, Dept. of Public Safety & University Police, Pollock Maintenance Building, 724-938-4299
The Office of Human Reources/EO Dixon Hall 408 – Who we are  What exactly does the Special Assistant for EEEO/Title IX Coordinator do? 1.
Conduct internal investigations concerning discrimination and sexual harassment
2.
Handle inquiries concerning employment discrimination/issues
3.
Conduct training for Faculty, Staff & Students
4.
Review, create and update policies and procedures
5.
Title IX, ADA, and Protection of Minors enforcement
6.
Serve on diversity committees and perform other service activities at the University
The Office of Human Resources Accommodations We are able to meet with individuals before or after work. We are able to meet in public locations other than our Dixon Hall offices if necessary. An online Complaint Form can be accessed at: https://www.calu.edu/inside/faculty-staff/administrative-offices/ human-resources/equal-opportunity/social-equity-policies.aspx The Social Equity policies can be reviewed at: https://www.calu.edu/inside/faculty-staff/administrative-offices/ human-resources/equal-opportunity/social-equity-policies.aspxpolicies Our office can be contacted anonymously through the PASSHE Navex Global system at: www.ethicspoint.com Or call toll free within the United States, Guam, Puerto Rico and Canada: 1-855-298-5316. EthicsPoint is NOT a 911 or Emergency Service In order to get credit for completing this training, please click here and follow the instructions on the Training Receipt.