SCSU PCCCI Year End Report and Recommendations, Sept. 2014 by Southern Connecticut State University

Sus-CoMMITTEE YEAR-END REPORT AND RECOMMENDATIONS

Sus-CoMMITTEE ON RELIGION/CREED/SPIRITUALLY

Sus-CoMMITTEE oN VETERANS AND NON-TRADITIONAL STUDENTS

Sus-CoMMITTEE oN GENDER IDENTITY AND LGBTQI+

Sus-CoMMITTEE ON RACE/COLOR/ETHNICITY/INTERNATIONAL STATUS AND CULTURE

) Sus-CoMMITTEE oN GENDER AND SEX

Sus-CoMMITTEE oN GENDER AND SEx/WORKGROUP ON SEXUAL HARASSMENT AND MISCONDUCT

Sus-CoMMITTEE ON DISABILITY/ACCOMODATION

PRESIDENT'S COMMISSION ONLINE FORUM

PR.ESII:>ENT'S CC>..l.VI.1.V.USSIC>N" on .campus Climate and Inclusion

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SUB-COMMITTEE YEAR-END REPORTS AND RECOMMENDATIONS

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on Campus Climate and Inclusion

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SUB-COMMITTEE YEAR-END REPORTS AND RECOMMENDATIONS 2014

Report Consolidated and Prepared by: Pamela M. Lassiter, JD Chair President's Commission on Campus Climate and Inclusion August 2014

EXECUTIVE SUMMARY The President's Commission on Campus Climate and Inclusion (PCCCI) was formed in October 2013 as a forum to discuss issues of and barriers to inclusivity on the campus. This Commission is planned to be a continuously standing forum that will evolve based on interests and needs of the campus community. This inaugural year was structured around the work of six sub-committees and one work group. These committees were created as a shared understanding of current challenges. The six subcommittees/one work groups were: • Sub-Committee on Religion, Creed and Spirituality • Sub-Committee on Veterans and Non-Traditional Students • Sub-Committee on Gender Identity and LGBTQI+ • Sub-Committee on Race/Color/Ethnicity/lnternational Status and Culture • Sub-Committee on Gender and Sex • Sub-Committee on Gender and Sex/Work Group on Sexual Harassment and Misconduct • Sub-Committee on Disability/Accommodation The sub-committees met throughout the academic year. They conducted their work through various methods, including campus-wide surveys, focus groups, and research on the campus itself as well as peer institution comparisons. In December 2013, we launched a web-based guided discussion with open-ended questions for the community to respond . Below is a listing of each sub-committee/work group recommendations:

• Sub-Committee on Religion, Creed and Spirituality

• Sub-Committee on Veterans and NonTraditional Students

• A detailed, consistent university survey on students' background religion/creed/spirituality. • We would like to see attention paid to the praying room: its decoration and scheduling . • We would like to see the interfaith office better staffed . • Revisit the Religious Studies Minor- make it more interfaith . • We would like to see campus-wide interfaith programming about religion/creed/spirituality matters. • We discussed that there needs to be a committed intersectional approach to discussing all matters concerning religion/creed/spirituality matters, as these matters are not isolated, independent of all gender, race/ethnicity, sexuality, etc.

• Adopt a term and definition to describe adult/nontraditional/post-traditional students and use the term and definition consistently across the university for all internal and external purposes, including driving change efforts and services to these students 0 Before making a recommendation on this point, the

committee wishes to use focus groups and surveys in the fall to determine the best fit for SCSU, including a survey of university offices that serve and support students to gather data about the services and support being used by "adult" students • Support implementation of recommendations made by the Transfer Student Task Force and Student Success Task Force in the context of best practices for providing support and services to adult students • As initiatives move forward to implement Recommendations of the Student Success Task Force (e.g. build an enrollment management process, transform academic advisement, etc.) we recommend including elements of a concierge model for serving adult students to reduce barriers and increase success. Among the literature providing guidance is "Nontraditional No More: Policy Solutions for Adult Learners", a project of the Western Interstate Commission for Higher Education (WICHE). Further study is needed to evaluate how such an effort can be integrated into the School of Graduate Studies. • Consider institutional involvement in the Association of NonTraditional Students in Higher education (ANTSHE -www.ANTSHE.org) • Create a student organization and/or peer support group for adult/post-traditional students • Evaluate the way student data is collected and stored (from surveys and other sources) to identify and correct gaps that prevent identifying the student body by age groups and criteria contained in the adopted definition for "adult" students with the goal of tracking and reporting on this population without special analyses. • Investigate use of the Adult Learning Focused Institution Toolkit (Adult Learner Inventory and Institutional SelfAssessment Survey) offered by The Council for Adult & Experiential Learning (CAEL) Use the Toolkit for Veteran Friendly Institutions, 0 published by the American Council on Education (ACE), to evaluate the current environment at Southern and identify desired changes/enhancements

• Sub-Committee on Gender Identity and LGBTQI+

• Immediately establish an LGBTQI+ Advisory Board . • Establish subcommittees on the Board to address deficiencies across campus in different areas: Policy Inclusion, Support & Institutional Commitment, Academic Life, Student Life , HousinQ/ Facilities, Campus Safety and

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• Sub-Committee on Race/Color/ Ethnicity/ International Status and Culture I

Admissions. • Immediately find funding, resources, a full-time staff member and appropriate space for the SAGE Center, which can provide additional support for the student-run PRISM and campus activities. • Revitalize the LGBTQI Faculty & Staff Alliance, identify a new coordinator and openly support the mission of the Alliance. • Enhance the already established SAFE ZONE training so that it is offered to all faculty and staff on campus on a regular basis. • Actively increase education and outreach across campus on LGBTQI+ issues. • Review the feasibility of adding an academic area of study, such as a minor in LGBTQI+ studies. • Redistribute the LGBTQI+ Campus Climate survey next year to evaluate progress. • SCSU should work towards becoming an official LGBTfriendly Campus through the Cam_Qus Pride organization. Office of Diversity and Equity Programs • Recommend the university hire an individual with specific professional training and experience to address and resolve issues on campus regarding a) race, ethnicity, culture, and immigrant status as well as b) more general workplace issues of power and inequity such as bullying, etc. This individual would work both independently of, and closely with, the Office of Diversity and Equity. A scope of work would be developed upon creation of the position that outlines specific areas of purview and responsibility, including procedures towards mediation and if/when mediation fails. • Staff this office with more than one individual to provide a diversity of perspectives. • Full assessment of purview, policies, and procedures related to the office and how they relate to other bodies and efforts. Minority Recruitment and Retention Program & Committee• Review and clarify the charge and review how its monies are spent. International Students and the Services Provided by the Office of International Education at SCSU • Based on student feedback, need exists to create a "sense of community". Housing all staff and services one place could assist this "sense of community". • OlE needs a single space, which would include space to provide privacy for advising.

• SCSU needs to offer an ESL program for both matriculated

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and non-matriculated students. OlE would like to offer international students on-campus and off-campus jobs affiliated with the University. OlE would like to conduct transcript evaluations to speed up the admissions process.

Data on Race, Ethnicity, Culture, and International Status • There is need for a consistent, formalized process of collecting and assessing data on these faculty, staff and students. Hiring and Retention of Faculty• The committee recommends the University do more to increase hiring and retention of minority faculty, particularly those in the following groups: African-American, Asian American, Hispanic/Latina American and Native American.

• Sub-Committee on

• Revisit child care options for the campus -faculty, staff and

Gender and Sex

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• Sub-Committee on Gender and Sex/Work Group on Sexual Harassment and Misconduct

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Sub-Committee on Disability/ Accommodation

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students Incorporate and utilize best practices identified in the ACE Workplace Flexibility materials as well as the research on childcare needs by Dr. Michelle Vancour Identify Best Practices regarding Elder Care and Child Care and establish strategies for sharing this data with the campus community Provide Brown Bag Sessions for students and staff to share resources Research and Identify a cost structure for each child care option/alternative Create a communication strategy outlining/defining prohibited behaviors as well as expected behaviors regarding issues of sexual misconduct as articulated in the campus policies Create a communication strategy regarding resources available to victim/survivors Create and provide a training strategy to ensure entire campus community has learning opportunity (both online and live) Audit of Title IX policies and procedures -external or internal assessment Work with the Office of Assessment and Planning to add five questions related to disability services and campus attitudes regarding disability to the NSSE, BSSE and the Continuing Student Survey. Collaborate with the Faculty Development Office to design and implement a training program for new and seasoned faculty members on delivering reasonable accommodations

to students with disabilities. • Update the Students in Distress Handbook, which has proven to be an excellent resource for faculty and staff but has not been revised since inception in January 2009. • Investigate the possibility of offering a Disability Studies course as part of the college curriculum. • Provide additional training to front line staff on dealing with students with mental health issues and on making appropriate referrals to the Counseling Center and the Office of Disability Resource Service. • Continue to update and revise Human Resources website and publications on issues related to disability in the workplace.

PRESIDENT'S COMMISSION on Campus Climate and Inclusion

REPORTS OF SUB-COMMITTEES AND FINAL RECOMMENDATIONS

Sub-Committee on Religion, Creed and Spirituality Recommendations: • A detailed, consistent university survey on students' background religion/creed/spirituality. There is a need to refine denominations, as members don't think "Christian" is sufficient to capture the complexity within that category alone. • We would like to see attention paid to the praying room: its decoration and scheduling. Might there be an office facilitating the issues/accommodations in the praying room? In relation to the praying room, a committee member brought up a proposal that had written about five, six years ago about establishing a community service outreach interfaith center on campus, which would go with Southern's strategic plan statement re community service and civil engagement. We would love to see this proposal considered again by the university. • We would like to see the interfaith office better staffed. We understand that we have a Catholic chaplain in that position on hourly basis at the moment. • We shared and discussed an issue brought up by our colleague William Sherman, Professor of Psychology. He pointed out that the marking of the years at the corner stone of the university buildings (Engleman Hall, for instance) with "A.D." is greatly problematic. I quote part of his E-mail here: "I've come upon something that needs to be addressed with specific regard to religious diversity. You might not have noticed, but the cornerstone of Engleman Hall -- by the entrance nearest to the sun dial -- gives the year of the original construction and the year of the renovation by noting A.D. after each date. A.D. refers to the Latin term an no Domini, translated as 'in the year of our Lord.' Who's Lord? Quite obviously, only the Christian Lord. Not the Buddhist, Hindu, Shinto, Islamic, Jewish, or the diety [sic] of any other religion." We recommend this matter be addressed, university-wide, and revised. • We discussed the Religious Studies Minor, which we understand to have been in existence since 1995. We would like to see where/how it is--perhaps there is a way to revisit the minor, making it vibrantly interfaith and connected with, for instance, Judaic Studies, which is a minor. • We would like to see campus-wide interfaith programming about religion/creed/spirituality matters. Scott Graves has done this for many years, and his interfaith panel in his course could be a model. • We discussed that there needs to be a committed intersectional approach to discussing all matters concerning religion/creed/spirituality matters, as these matters are not isolated, independent of all gender, race/ethnicity, sexuality, etc. We urge the President's Commission hold discussions among subcommittees.

Sub-committee on Veterans and Non-Traditional Students Executive Summary of Work 1. Meetings (full group and sub-groups) and some work via e-mail 2. Task Areas & Research Assignments a. Literature Review, Data, Conversations with Management, Non-Traditional/Adult Student Surveys/Assessments b. Definitions, Recommendations, Report writing, Possible funding sources for implementation of recommendations, studies, or pilots c. Academic Design & Instruction, Instructional Technology, Learning & Learning Assessment d. Academic and Student Services: Barriers, Challenges, and Needs e . Campus and Student Activities: Attachment, Community, Engagement, Satisfaction 3. Major Areas of Discussion a. Who are non-traditional students? What is the definition SCSU should be using? Currently, looking at a campus directory, reading a university catalog, and having a conversation with staff or management reveal different terms and definitions to describe this population of students. b. Data i. What data can we get? 1. Identified sources of data related to this population . With guidance from the Office of Management Information and Research, relevant data gaps were identified. 2. Requested and received from the Office of Assessment and Planning an analysis of National Survey of Student Engagement (NSSE) data from Academic Year 2012-2013 focused on veterans and nontraditional students ii. Need to Integrate and exchange data/findings with other efforts, e.g. 1. "SCSU and You Working Together" 2. Student Success Task Force Report 3. Transfer Student Task Force (2012) -Impacting Transfer Student Success at SCSU 4. Other PCCCI sub-committees 5. Other data gathering efforts such as the "Real Talk Commuter Series" hosted by the Multicultural Center or planning efforts such as the Civic Engagement Committee c. Academic Design & Instruction, Instructional Technology, Learning & Learning Assessment -- "We agreed that the topics were broad and possibly discipline-specific as there is not one type of instruction/assessmenUinstructional technology that will fit all learners at SCSU. We feel that there are magnitudes of obstacles that inhibit the best practices in education that we can deliver to students. These hurdles include, but are not limited to: building space, instructional technology, classroom design, etc." d. Academic and Student Services: Barriers, Challenges, and NeedsVariety of barriers, challenges, and needs can be summarized as a lack of service and consideration for this population in recent years, operation of services in silos that force "non-traditional" students to navigate the campus and a range of offices to get the information and services they need. The exception to this is the Office of Veterans Affairs. Southern needs a "one-stop shop" for "non-traditional" students.

e. Campus and Student Activities: Attachment, Community, Engagement, Satisfaction Accessibility of concise and easy-to-find information about activities and services, needs of commuter students, methods of communicating with this "non-traditional" population, and new ways of thinking about events and event planning for this population. f. Need to Integrate with external strategies and internal strategic plan and have a place on the strategy map to keep needs/concerns of this population in front of planners and decision makers i. State (Governor's) Strategy ii. BOR Strategy- "Transform CSCU 2020"- especially "Go Back to Get Ahead" and the effort to "Expand veterans oases, resources, and support" iii. SCSU Strategy- Strategic Plan (https://www.southernct.edu/strate ic-glan/)"four big ideas" 4. Future Areas of Discussion In each area of the committee's work, further study and discussion are needed to identify gaps in the relationship between these students and the University, ways to fill these gaps, literature findings that are most relevant to SCSU, and creative and non-traditional ways to become a truly adult-friendly university and enhance our image as a veteranfriendly university.

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5. Recommendations a. Adopt a term and definition to describe adult/non-traditional/post-traditional students and use the term and definition consistently across the university for all internal and external purposes, including driving change efforts and services to these students 1. Before making a recommendation on this point, the committee wishes to use focus groups and surveys in the fall to determine the best fit for SCSU, including a survey of university offices that serve and support students to gather data about the services and support being used by "adult" students b. Support implementation of recommendations made by the Transfer Student Task Force and Student Success Task Force in the context of best practices for providing support and services to adult students c. As initiatives move forward to implement Recommendations of the Student Success Task Force (e.g. build an enrollment management process, transform academic advisement, etc.) we recommend including elements of a concierge model for serving adult students to reduce barriers and increase success. Among the literature providing guidance is "Non-traditional No More: Policy Solutions for Adult Learners", a project of the Western Interstate Commission for Higher Education (WICHE). Further study is needed to evaluate how such an effort can be integrated into the School of Graduate Studies. d. Consider institutional involvement in the Association of Non-Traditional Students in Higher education (ANTSHE -- www.A NTS HE&rQ ) e. Create a student organization and/or peer support group for adult/post-traditional students f. Evaluate the way student data is collected and stored (from surveys and other sources) to identify and correct gaps that prevent identifying the student body by age groups and criteria contained in the adopted definition for "adult" students with the goal of tracking and reporting on this population without special analyses. g. Investigate use of the Adult Learning Focused Institution Toolkit (Adult Learner Inventory and Institutional Self-Assessment Survey) offered by The Council for Adult & Experiential Learning (CAEL)

h. Use the Toolkit for Veteran Friendly Institutions, published by the American Council on Education (ACE), to evaluate the current environment at Southern and identify desired changes/enhancements

Sub-Committee on Gender Identity and LGBTQI+ EXECUTIVE SUMMARY In an effort to meet the goals of the Southern Connecticut State University (SCSU) President's Commission on Campus Climate and Inclusion for the Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI+) subcommittee, this report includes findings from our year-long assessment. Although SCSU has a history of supporting students and faculty with resources such as the SAGE Center, PRISM student group and the LGBTQI Faculty and Staff Alliance, the committee identified that anecdotally there exists a need for more support, in terms of an operating budget, staff, space and practical resources. Other areas of assessment within the report confirmed this need. In comparison to 9 other local institutions, SCSU scores on par with 3 Universities for the lowest out of 18 indicators for appropriate resources for LGBTQI+ students. SCSU lacked in areas such as: Full time staffed LGBTQ Resource Center, LGBTQ studies/ academic minor or major, recruitment and retention efforts, admissions fairs, housing options, Lavender graduation, alumni chapter, student scholarships, gender neutral bathrooms, and the presence of an Advisory Board for this community.

Campus Review of LGBT-Friendly Campus Criteria Using an established measure called the LGBT-Friendly Campus Climate Index, the subcommittee reviewed services and resources across campus. Using this measure, SCSU scored very low, with only one area indicating excellent resources: LGBT Counseling and Health through the University Counseling Services Center. Although the LGBT Support & Institutional Commitment rating indicated a fair score, all remaining areas scored within the poor range: LGBT Policy Inclusion, LGBT Academic Life and LGBT Student Life, LGBT Housing, LGBT Campus Safety and LGBT Recruitment and Retention Efforts.

Survey Results The committee also created a climate survey and after IRB approval, sent it out to the campus listserv to assess students (n = 289), faculty (n = 114) and staff (n =53). While 70% of the respondents indicated that they were straight/heterosexual, the remaining 30% indicated that they were part of the LGBTQI+ community. In addition, 97% indicated that they were Cisgender (e.g., identifying as one sex/gender, either male or female), with 3% identifying as Transgender or other (e.g., androgynous). Results were separated into LGBTQI+ (included sexual and gender orientation) and Heterosexuai/Cisgender respondents.

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LGBTQI+ respondents indicated both direct and witnessed experiences of bias or harassment across all areas, with the greatest number of experiences falling into jokes/ biased and offensive language (29% experienced, 39% witnessed), verbal harassment (12% experienced, 22% witnessed), pressure to keep silent (12% experienced , 13% witnessed) ; refusal of peers to associate with them (8% experienced, 13% witnessed), having a professor who did not know how to respond to a sexuality/gender discrimination issue (8% experienced , 13% witnessed), sexual harassment (witnessed 8%) and anti-LGBTQI+ graffiti (witnessed 10%). It is noteworthy that, albeit they were at lower levels, respondents did indicate the presence of physical assault, threats,

employment discrimination, pressure to leave campus housing, vandalism/property destruction, denial of services and being asked to change research or academic projects that focused on LGBTQI+ issues on SCSU campus. As opposed to the higher levels of bias and harassment for the LGBTQI+ population, Heterosexual and Cisgender respondents predominantly indicated that they experienced gender-based biased/offensive language (6% experienced) and sexual harassment related to their gender (5% experienced). They additionally reported witnessing significant levels of biased/offensive antiLGBTQI+ language (21 %) and verbal harassment (8%) towards those from the LGBTQI+ community on campus. The most common experience reported by both populations is anti-LGBTQI+ language, predominantly from students (86%), but with approximately 5% of respondents hearing biased language from faculty and 5% reporting hearing it from staff. It appears that most of these incidents may go unreported, with only half of students knowing where to find anti-discrimination and harassment policies or their reporting procedures. A significant number of both groups of respondents (over 25%) do not feel completely safe on campus. Nine percent of LGBTQI+ respondents had direct experiences that had a negative impact on their decision to continue studying/working at SCSU, with an additional6% knowing others who experienced similar negative impacts. Overall, most respondents do feel that the majority of the campus is accepting of the LGBTQJ+ community. However, a significant percentage of LGBTQI+ respondents were not aware of faculty/ staff role models (55%), campus groups (33%), faculty and staff support groups (61 %) or counseling services (40%) related to LGBTQI+ issues. In addition, almost half of LGBTQI+ faculty (42%) felt that their sexual/gender orientation could impact their promotion and tenure process. In terms of suggestions for change, respondents included addressing transgender issues, issues in residence halls, increasing education across campus on LGBTQI+ issues , adding LGBTQI+ content to the academic curriculum, increasing the presence of faculty and staff role models, offering and advertising more LGBTQI+ events and greatly improve the SAGE Center with more resources, as well as more support for PRISM . Conclusion Although it seems that SCSU has made progress in the climate and inclusion for the LGBTQI+ community on campus, there are still a number of significant barriers to full inclusion and a positive climate. The committee feels that there are several immediate responses that the University should take to address the needs of LGBTQI+ students, faculty and staff. Recommendations

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1. Immediately establish an LGBTQI+ Advisory Board. 2. Establish subcommittees on the Board to address deficiencies across campus in different areas: Policy Inclusion, Support & Institutional Commitment, Academic Life, Student Life, Housing/ Facilities, Campus Safety and Admissions. 3. Immediately find funding, resources, a full-time staff member and appropriate space for the SAGE Center, which can provide additional support for the student-run PRISM and campus activities.

4. Revitalize the LGBTQI Faculty & Staff Alliance, identify a new coordinator and openly support the mission of the Alliance. 5. Enhance the already established SAFE ZONE training so that it is offered to all faculty and staff on campus on a regular basis. 6. Actively increase education and outreach across campus on LGBTQI+ issues. 7. Review the feasibility of adding an academic area of study, such as a minor in LGBTQI+ studies. 8. Redistribute the LGBTQI+ Campus Climate survey next year to evaluate progress. 9. SCSU should work towards becoming an official LGBT-friendly Campus through the Campus Pride organization.

Sub-Committee on Race, Color, Ethnicity, International Status and Culture (RECIS) Summary and Recommendations: â&#x20AC;˘ Office of Diversity and Equity and Options for Addressing Race/Ethnicity/lnternational Status Issues: It would be beneficial to have resources for helping faculty navigate difficult minority and other protected class issues or breaches in ways that they do not have to put forward formal grievances or suits. This function could take place as a part of this office, perhaps, or as a separate function perhaps as an ombudsman position. The committee strongly recommends the university hire an individual with specific professional training and experience to address and resolve issues on campus regarding a) race , ethnicity, culture, and immigrant status as well as b) more general workplace issues of power and inequity such as bullying, etc. This individual would work both independently of, and closely with, the Office of Diversity and Equity. A scope of work would be developed upon creation of the position that outlines specific areas of purview and responsibility, including procedures towards mediation and if/when mediation fails. It would also be beneficial to staff the office with more than one individual so a diversity of perspective and a broader range of people who are available for discussions on sensitive issues regarding race/ethnicity/international status. Lastly, it would be worthwhile to assess the full purview, policies , and procedures related to this office, and how they relate to other bodies and efforts, to ensure they are adequate for SCSU 's needs at this time, and how they might be better allotted, crafted, and implemented. This may be occurring as a function of this current Commission but a more targeted effort may be necessary.

Minority Recruitment and Retention Program & Committee: The committee recommends that the charge of the MRRC be clarified and that more robust efforts to specifically support the university and its departments in their recruitment and retention of faculty from minority and other protected classes be increased. Specifically, it would be worthwhile to consider how the MRRC's monies might be productively used to these ends.

International Students and the Services Provided by the Office of International Education at SCSU: Student feedback suggests that second only to the most fundamental immigration services, what students desire most in an international education office is a sense of community-the feeling of having found "a home away from home". Housing all staff and services in one office would give students the opportunity to connect in a meaningful way with more than one or two staff, thus increasing opportunities for students to establish a social network on campus and find friends and mentors who can provide much-needed guidance. It would be a serious oversight to underestimate how critical these relationships are for students whose cultural and ethnic backgrounds often make it a challenge to assimilate, particularly during the first semester in the United States. A positive experience with an international office can be the key to retaining an international student, and they have not settled on an office arrangement that will lead to the best possible outcome. The OlE absolutely needs a single space-a cohesive, unified office where study abroad students, international students, and faculty meet and interact with all staff members on a regular basis. Having ample office space would also provide much-needed privacy during advising sessions. Studying abroad can be one of the most important decisions a student makes during their

academic career, and providing a safe environment for students to voice their concerns is crucial if the office is to adequately prepare the university's outbound students and take care of our inbound ones. By themselves, the efforts proposed above to alleviate staffing and budgetary issues will gradually move the office and the university in the direction it wants to go; A single, shared space, however, would give the office greater momentum, and would create the sort of atmosphere that fosters what many staff members feel is currently missing in the OlE. The more staff members present in the OlE at any one time, the better the services they can provide students. The better the services, the more likely the office will be able to retain the students it has worked so diligently to recruit. There are concerns that regarding how the varied sources of information regarding what is included or excluded may have implications for and impede the ability to make full use of the data on race/ethnicity and international status. Southern Connecticut State University does not have an ESL program for students who would like to come to the US to learn the English language. The OlE staff receives many calls requesting this program but because it does not exist at SCSU, students are referred to universities who do have it, thus, as a university we are sending students and money elsewhere. SCSU needs to offer ESL classes to matriculated students who need them instead of referring them to Gateway or UNH that forces students to pay for classes at two institutions. Most times SCSU professors refer them to the ORO office, which is not a solution. With regard to aiding international students financially, OlE would like to be able to offer international students on-campus jobs and off campus jobs affiliated with the university. It is not easy for international students to get off-campus jobs because they have restrictions. International students have three times the amount of things to do than our domestic students in order to get admitted and enter the US. They have to send their transcripts to an outside agency (that requires money and is time consuming. The OlE would like its staff to conduct transcript evaluations to help speed up the admission process similar to what is occurring at some other universities. It is not always clear to faculty who want to engage in study or research abroad if this is handled by the OlE or the Sponsored Programs and Research Office (SPAR). Information sessions would be helpful in increasjng the potential for faculty and graduate students to conduct research abroad.

Scholarships and Funding for RECIS Students: In order to aid international and underrepresented minority students at SCSU, the university should provide more information on funding opportunities for them. For instance, incoming scholarships for international students or helping graduate international students gain admission into their programs early by submitting Planned Programs in a timely fashion so they are eligible for funding would be a great financial help. Connecting activities such as International Awareness Week and international festivals between the Office of International Education and Multicultural Center where information can be shared and where students have opportunities to meet.

Data on RECIS Related Topics or Issues: After searching for information on areas relevant to the REGIS Subcommittee's charge, one member surmised, "We just don't have good

centralized data: Not on faculty, not on staff, and not on students ... " As has become clear in recent years, the university and other institutions are data driven. Sound decisions or recommendations are hard to make when data is incomplete, unavailable, or incorrect. When it comes to data collection, the university must be clearer in its decision to acquire, use, and disseminate demographic and other information we need or want to gather and determine how to gather it, and store and make it "usefully retrievable". In general, it would be useful to explore ways to gather more robust and accurate data about the race/ethnicity and international status of faculty, staff, and students. It might be advisable to gather these data in terms of EEOC categories as well as more detailed self-reported categories so as to be able to target resources and services. The committee recommends that the university identify and streamline the collection of data on RECIS.

Hiring and Retention of Faculty: The committee recommends that the university do more to increase hiring and retention of minority faculty, particularly those in the following groups: African American, Asian American, Hispanic/Latina American, and Native American. Unfortunately, in many departments on campus there are fewer faculty members from historically underrepresented groups than are international faculty. An international faculty member brought this issue to the attention of the university a decade ago. It resulted in the university hiring historically underrepresented faculty to teach African American and Latino/a literature courses. These kinds of initiatives are helpful in increasing student and faculty morale as well as offering students opportunities to seek out mentors. The research shows that this is most important for increasing graduation rates for African American males. The university also has not fared well in bringing minority faculty into leadership positions on campus. Very few, for instance, members of historically underrepresented minority groups have ever served in leadership positions in their departments or on campus as a whole. SCSU's Peer Institutions: A number of highlights are included in the reviews of the ten peer institutions that are a source of ideas and possibilities for SCSU's diversity initiatives and efforts. Some of these include reviewing the structure of Multicultural Centers at SCSU's peer institutions. In some instances, the scope of the office and the staffing is much larger and much more academically and socially directed such that the office does not fall under the supervision of Student Life, rather under Academic Affairs or the Provost's Office. This structure brings the activities of such centers to a wider audience where they have the potential for greater support among student, staff, faculty, and administrator stakeholders.

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Sub-Committee on Gender and Sex As the committee discussed issues related to this topic, the campus signed on to be part of the ACE Workplace Flexibility/Sloan Projects for Faculty Career Flexibility. This project created great excitement among sub-committee members. Many remembered when the campus had a child care facility and could retell the retrenchment based on dwindling resources . Some of the faculty sub-committee members stated that they were unclear on policies related to stopping the tenure clock, part-time appointments during your tenure years and the relationship to various Human Resource policies and tenure. The sub-committHe referred to the recent work of Dr. Michelle Vancour and invited her to join the sub-committee as a subject matter expert. There is a great deal of passion and support for the re-emergence of childcare alternatives on the campus. The sub-committee believes the resurrection of childcare alternatives would demonstrate a deep commitment to inclusivity and enhance our student-centered capacity. The greatest Âˇ obstacle identified by the sub-committee was .the best way to meet the needs of students. We deferred a deep conversation on the limitations of resources and hours in order to be responsive to student needs.

Areas of Discussion: Recognizing the aging nature of both America's aging workforce and the campus' workforce, this nature presents a unique opportunity at how employees and students must increasingly balance the responsibilities of being a student, employee, parent, life partner and caretaker. The subcommittee thought we needed a larger and deeper conversation on Work/Life Balance, particularly best practices in Elder Care and Child Care. Brown Bag Sessions- sharing of knowledge and resources- could be an effective tool for many individuals on the campus. As stated above, the sub-committee discussed at length Child Care Opportunities on Campus and the history of Child Care on Campus. We reviewed the materials provided by ACE Workplace Flexibility- Sloan Projects for Faculty Career Flexibility: 1. On and off ramps through leave policies/FMLA/Sick Leave 2. Tenure clock adjustments 3. Part-time appointments 4. Phased retirements 5. Renewal Files

~ Recommendations: â&#x20AC;˘

Revisit child care options for the campus -faculty, staff and students

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Incorporate and utilize best practices identified in the ACE Workplace Flexibility materials as well as the research on childcare needs by Dr. Michelle Vancour Identify Best Practices regarding Elder Care and Child Care and establish strategies for sharing this data with the campus community Provide Brown Bag Sessions for students and staff to share resources Research and Identify a cost structure for each child care option/alternative

Sub-Committee on Gender and Sex/Work Group on Sexual Harassment and Misconduct The workgroup met three times during the Spring semester. The bulk of the work revolved around the then pending legislation (PA 12-78: Sexual Violence on College Campuses). We discussed our current level of preparedness as well as what are the potential challenges to implementation of the legislation. Overwhelming, we felt comfortable with our current processing of complaints and types of support offered to students survivors. We are less confident in providing comparable service to employees since this is rarely requested .

Major Discussion Areas are: • • • • • • • • • • •

(

Current University Policies - are they adequate and is the campus community appropriate informed of their rights Communication Strategy to Campus - we need to enhance our ability inform on a timely basis all information regarding sexual misconduct and policies New Sexual Misconduct Laws- Pending Legislations (PA 12-78: Sexual Violence on College Campuses) Campus Climate Component of HERI Survey- the addition of campus climate questions to the faculty HERI survey Consensual Relationship Policy - is there any need for change or protections under the policy? What is a Mandatory Reporter? - is this defined by union contract, Office of Civil Rights or should the campus be more expansive? Appropriate Sanctions for Sexual Misconduct- how should the campus apply discipline to students, staff and faculty? Need for additional campus training on both sexual harassment and misconduct- need for heightened outreach to faculty What is the role of labor unions in resolution of sexual harassmenUmisconduct cases? Use of a external assessment of campus climate on issues of sexual misconduct- is this a valuable approach for the campus Discussion of revised/updated CT BOR Sexual Misconduct, Sexual Assault and Intimate Partner Violence Policy

Recommendations: •

Create a communication strategy outlining/defining prohibited behaviors as well as expected behaviors regarding issues of sexual misconduct as articulated in the campus policies

• • •

Create a communication strategy regarding resources available to victim/survivors Create and provide a training strategy to ensure entire campus community has learning opportunity (both online and live) Audit of Title IX policies and procedures- external or internal assessment

Sub-Committee on Disability/Accommodation At the final meeting of the disability subcommittee/working group, it was reported that a document analysis was complete and that one student focus group had been conducted with twelve students registered with Disability Resource Services. The following recommendations were adopted: •

Work with the Office of Assessment and Planning to add five questions related to disability services and campus attitudes regarding disability to the NSSE, BSSE and the Continuing Student Survey.

•

Collaborate with the Faculty Development Office to design and implement a training program for new and seasoned faculty members on delivering reasonable accommodations to students with disabilities.

•

Update the Students in Distress Handbook, which has proven to be an excellent resource for faculty and staff but has not been revised since inception in January 2009.

•

Investigate the possibility of offering a Disability Studies course as part of the college curriculum.

•

Provide additional training to front line staff on dealing with students with mental health issues and on making appropriate referrals to the Counseling Center and the Office of Disability Resource Service.

•

Continue to update and revise Human Resources website and publications on issues related to disability in the workplace.

PR.ESII:>ENT'S CC>lVUVI.ISSIO~ on Campus Climate and Inclusion -

SUB-COMMITTEE ON RELIGION/CREED/SPIRITUALITY

President's Commission on Campus Climate and Inclusion Sub-Committee on Religion/Creed/Spirituality

Below is a summary of the recommendations we plan to submit to the President's Commission on Campus Climate and Inclusion: • A detailed, consistent university survey on students' background religion/creed/spirituality. There is a need to refine denominations, as members don't think "Christian" is sufficient to capture the complexity within that category alone. • We would like to see attention paid to the praying room: its decoration and scheduling. Might there be an office facilitating the issues/accommodations in the praying room? In relation to the praying room, Rosalyn brought up a proposal she had written about five, six years ago about establishing a community service outreach interfaith center on campus, which would go with Southern's strategic plan statement re community service and civil engagement. We would love to see this proposal considered again by the university. (We will share and attach Rosalyn's proposal to the report.) • We would like to see the interfaith office better staffed. We understand that we have a Catholic chaplain in that position on hourly basis at the moment. • We shared and discussed an issue brought up by our colleague William Sherman, Professor of Psychology. He pointed out that the marking of the years at the corner stone of the university buildings (Engleman Hall, for instance) with "A.D." is greatly problematic. I quote part of his E-mail here: "I've come upon something that needs to be addressed with specific regard to religious diversity. You might not have noticed, but the cornerstone of Engleman Hall -- by the entrance nearest to the sun dial -- gives the year of the original construction and the year of the renovation by noting A.D. after each date. A.D. refers to the Latin term anno Domini, translated as 'in the year of our Lord.' Who's Lord? Quite obviously, only the Christian Lord. Not the Buddhist, Hindu, Shinto, Islamic, Jewish, or the diety [sic] of any other religion." We recommend this matter be addressed, universitywide, and revised. • We discussed the Religious Studies Minor, which we understand to have been in existence since 1995. We would like to see where/how it is--perhaps there is a way to revisit the minor, making it vibrantly interfaith and connected with, for instance, Judaic Studies, which is a minor. (I copy Krystyna Gorniak here.) • We would like to see campus-wide interfaith programming about religion/ creed/ spirituality matters. Scott Graves has done this for many years, and his interfaith panel in his course could be a model.

•·

We discussed that there needs to be a committed intersectional approach to discussing all matters concerning religion/ creed/ spirituality matters, as these matters are not isolated,

independent of all gender, race/ etlmicity, sexuality, etc. We urge the President's Commission hold discussions among subcommittees .

â&#x20AC;˘

PRESIDENT'S CC>IVU.Vll:SSIC>N" on Campus Climate and Inclusion

)

•

SUB-COMMITTEE ON VETERANS AND NON-TRADITIONAL STUDENTS

President's Commission on Campus Climate and Inclusion Working Group on Veterans and Non-Traditional Students AY 2013-2014

Executive Summary of Work and Initial Recommendations 1.

Meetings (full group and sub-groups) and some work via e-mail

Task Areas & Research Assignments a.

Literature Review, Data, Conversations with Management, Non-Traditional/Adult Student Surveys/Assessments (Tim Krauss)

Definitions, Recommendations, Report writing, Possible funding sources for implementation of recommendations, studies, or pilots (All)

Academic Design & Instruction, Instructional Technology, learning & learning Assessment (Cathi Koehler& Lisa Rebeschi)

Academic and Student Services: Barriers, Challenges, and Needs (Anna Walters & Barbara Zalot)

Campus and Student Activities: Attachment, Community, Engagement, Satisfaction (AJ Bilotta & Jack Mordente)

Major Areas of Discussion a.

Who are non-traditional students? What is the definition SCSU should be using? Currently, looking at a campus directory, reading a university catalog, and having a conversation with staff or management reveal different terms and definitions to describe this population of students.

Data i.

What data can we get? 1.

Identified sources of data related to this population. With guidance from the Office of Management Information and Research, relevant data gaps were identified.

Requested and received from the Office of Assessment and Planning an analysis of National Survey of Student Engagement (NSSE) data from Academic Year 2012-2013 focused on veterans and non-traditional students

ii.

PCCCI-VNTS

Need to Integrate and exchange data/findings with other efforts, e.g. 1.

"SCSU and You Working Together"

Student Success Task Force Report

Page 1 nf ~

Transfer Student Task Force (2012) -Impacting Transfer Student Success at

scsu 4.

Other PCCCI sub-committees

Other data gathering efforts such as the "Real Talk Commuter Series" hosted by the Multicultural Center or planning efforts such as the Civic Engagement Committee

Academic Design & Instruction, Instructional Technology, Learning & Learning Assessment-"We agreed that the topics were broad and possibly discipline-specific as there is not one type of instruction/assessment/instructional technology that will fit all learners at SCSU. We feel that there are magnitudes of obstacles that inhibit the best practices in education that we can deliver to students. These hurdles include, but are not limited to: building space, instructional technology, classroom design, etc." (Cathi & Lisa)

d. Academic and Student Services: Barriers, Challenges, and NeedsVariety of barriers, challenges, and needs can be summarized as a lack of service and consideration for this population in recent years, operation of services in silos that force "nontraditional" students to navigate the campus and a range of offices to get the information and services they need. The exception to this is the Office of Veterans Affairs. Southern needs a "one-stop shop" for "non-traditional" students. (Anna & Barbara) e.

Campus and Student Activities: Attachment, Community, Engagement, SatisfactionAccessibility of concise and easy-to-find information about activities and services, needs of commuter students, methods of communicating with this "non-traditional" population, and new ways of thinking about events and event planning for this population. (AJ & Jack)

Need to Integrate with external strategies and internal strategic plan and have a place on the strategy map to keep needs/concerns ofthis population in front of planners and decision makers i.

State (Governor's) Strategy

ii.

BOR Strategy- "Transform CSCU 2020"- especially "Go Back to Get Ahead" and the effort to "Expand veterans oases, resources, and support"

iii.

SCSU Strategy- Strategic Plan (https://www.southernct.edu/strategic-plan/)- "four big ideas"

Future Areas of Discussion In each area ofthe committee's work, further study and discussion are needed to identify gaps in the relationship between these students and the University, ways to fill these gaps, literature

PCCCI-VNTS

Page 2 of 3

5/12/2014, Updated 6/9/14

findings that are most relevant to SCSU, and creative and non-traditional ways to become a truly adult-friendly university and enhance our image as a veteran-friendly university. 5.

Recommendations a.

Adopt a term and definition to describe adult/non-traditional/post-traditional students and use the term and definition consistently across the university for all internal and external purposes, including driving change efforts and services to these students

Before making a recommendation on this point, the committee wishes to use focus groups and surveys in the fall to determine the best fit for SCSU, including a survey of university offices that serve and support students to gather data about the services and support being used by "adult" students

Support implementation of recommendations made by the Transfer Student Task Force and Student Success Task Force in the context of best practices for providing support and services to adult students

As initiatives move forward to implement Recommendations of the Student Success Task Force (e.g. build an enrollment management process, transform academic advisement, etc.) we recommend including elements of a concierge model for serving adult students to reduce barriers and increase success. Among the literature providing guidance is "Non-traditional No More: Policy Solutions for Adult learners", a project of the Western Interstate Commission for Higher Education (WICHE). Further study is needed to evaluate how such an effort can be integrated into the School of Graduate Studies.

Consider institutional involvement in the Association of Non-Traditional Students in Higher education (ANTSHE -- www.ANTSHE.org)

Create a student organization and/or peer support group for adult/post-traditional students

Evaluate the way student data is collected and stored (from surveys and other sources) to identify and correct gaps that prevent identifying the student body by age groups and criteria contained in the adopted definition for "adult" students with the goal oftracking and reporting on this population without special analyses.

Investigate use of the Adult learning Focused Institution Toolkit (Adult learner Inventory and Institutional Self-Assessment Survey) offered by The Council for Adult & Experiential learning (CAEL)

Use the Toolkit for Veteran Friendly Institutions, published by the American Council on Education (ACE), to evaluate the current environment at Southern and identify desired

â&#x20AC;˘

changes/enhancements

PCCCI-VNTS

Page 3 of 3

5/12/2014, Updated 6/9/14

\ III

PRESIDENTS'S CO~SSIC>N" on Campus Climate and Inclusion

)

•

SUB-COMMITTEE ON GENDER IDENTITY AND LGBTQI+

Southern Connecticut -......-.. State University

sc su

PRESIDENT'S COMMISSION on Campus Climate and Inclusion

PRESIDENT'S COMMISSION ON CAMPUS CLIMATE AND INCLUSION GENDER IDENTI1Y AND LGBTQI + SUBCOMMITTEE FINAL REPORT

May 14,2014

Respectfully Submitted to: Office of the President Office of Diversity & Equity

By:

Dr. Misty Ginicola (Chair), Dr. Rosalyn Amenta, Dr. Christina Baum, Robbie Diaz, Christopher Piscitelli, Russell Smith, Denise Zack

â&#x20AC;˘

TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................................... 1 CAMPUS REVIEW OF LG BT-FRIENDLY CAMPUS CRITERIA .............................................................................................. 1 SURVEY RESULTS ....................................... ........... ........................... .................................................................................. I CONCLUSION ................... ······ .............................................. .. ............................................................................................. 2 RECOMMENDATIONS ...... ... ............ .... ..................... ................................................. ... ....................... ....................... ... ....... 3

FULL REPORT ................................................................................................................................................ 4 INTRODUCTION AND CHARGE TO THE COMMTITEE .......................................................................................................... 4

scsu LGBTQI+ HISTORY ................................................................................................................................................. 4 COMPARISON TO OTHER INSTITUTIONS ............................................................................................................................ 7 CAMPUS REVIEWOFLGBT-FRIENDLYCAMPUS CRITERIA .............................................................................................. 8

LGBT Policy Inclusion .................................................................................................................................................. 8 LGBT Support & Institutional Commitment ................................................................................................................ 10 LGBT Academic Life ............................ .................. ................. ... ..... ... ..... ... .... ...... ............ .. ........ ........................ ... ...... 11 LGBT Student Life ...................................................... ... ......... ..... ... .......... .. ............ .... ..... ... .. ... .. ... ..... ....... .................... 12 LGBT Housing .............. ......................... .. .... , ............... ................. .. .... ..... ... ... .. .. ..... ....... ..... .... ..... ... ....... .. ...... ...... .. ...... 13 LGBTCampus Safoty.... ... ... .... .. ... ....... ........... .... ....... ........... ..... ... ..... .. ...... ......... .,....... .. ... ........ .... .. .. ........... ..... ......... ... 14 LGBTCounseling& Health ............................................................................................ .. ............ .. ...................... .... .. 15 LGBT Recruitment & Retention Efforts ............................ .......... .. ............ ............ .. ..... ...... ....... ... ... .... ... .... ..... ...... .... ... 16 SURVEY METHODOLOGY .................................................................................................................................................. 17 SURVEY RESULTS ............................ ................................................................................................................................ . 1 7

Demographics ................. .. ........ .... ......... ................. ..... ........ ........ .. ..................................... .......... .. ....................... .. .... 17 Comfort with Being Out as LGBTQI+ on Campus .. ............. ... ..... ............ ....... ... ......... ........... .... ..... ....... ... .... .. .. ......... 18 Incidents of Bias or Harassment ................................................................................................................................. 18 Campus Safoty ... ............................................................... ....................... ............. .. ....... ..... .... ...... ... ..... ........ ...... ........ . 26 Campus Climate and Support ....................................................... ... ........................ ..... .... .... .... ...... ........ ..... ... .. ........ .. .. 28 Campus Opinions ........... ... ......... .. ......... ............................. .......... ............................................................................. .. 30 RECOMMENDATIONS .................................... .. .................................................................................................................. 3 7 .APPENDIX: LGBTQI+ CLIMATE SURVEY ........................................................................................................................ 38

•

EXECUTIVE SUMMARY In an effort to meet the goals of the Southern Connecticut State University (SCSU) President's Commission on Campus Climate and Inclusion for the Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI +) subcommittee, this report includes findings from our year-long assessment. Although SCSU has a history of supporting students and faculty with resources such as the SAGE Center, PRISM student group and the LGBTQI Faculty and Staff Alliance, the committee identified that anecdotally there exists a need for more support, in terms of an operating budget, staff, space and practical resources. Other areas of assessment within the report confirmed this need. In comparison to 9 other local institutions, SCSU scores on par with 3 Universities for the lowest out of 18 indicators for appropriate resources for LGBTQI + students. SCSU lacked in areas such as: Full time staffed LGBTQ Resource Center, LGBTQ studies/ academic minor or major, recruitment and retention efforts, admissions fairs, housing options, Lavender graduation, alumni chapter, student scholarships, gender neutral bathrooms, and the presence of an Advisory Board for this community.

Campus ReviewofLGBT-FriendlyCam us Criteria Using an established measure called the LGBT-Friendly Campus Climate Index, the subcommittee reviewed services and resources across campus. Using this measure, SCSU scored very low, with only one area indicating excellent resources: LGBT Counseling and Health through the University Counseling Services Center. Although the LGBT Support & Institutional Commitment rating indicated a fair score, all remaining areas scored within the poor range: LGBT Policy Inclusion, LGBT Academic Life and LGBT Student Life, LGBT Housing, LGBT Campus Safety and LGBT Recruitment and Retention Efforts.

Survey Results The committee also created a climate survey and after IRB approval, sent it out to the campus assess students (n = 289), faculty (n = 114) and staff (n =53). While 70% of the respondents indicated that they were straight/heterosexual, the remaining 30% indicated that they were part of the LGBTQI + community. In addition, 97% indicated that they were Cisgender (e.g., identifying as one sex/gender, either male or female), with 3% identifying as Transgender or other (e.g., androgynous). Results were separated into LGBTQI+ (included sexual and gender orientation) and HeterosexualjCisgender respondents. list~serv to

LGBTQI+ respondents indicated both direct and witnessed experiences of bias or harassment across all areas, with the greatest number of experiences falling into jokes/ biased and offensive language (29% experienced, 39% witnessed), verbal harassment (12% experienced, 22% witnessed), pressure to keep silent (12% experienced, 13% witnessed), refusal of peers to associate with them (8% experienced, 13% witnessed), having a professor who did not know how to respond to a sexuality/gender discrimination issue (8% experienced, 13% witnessed), sexual harassment (witnessed 8%) and anti-LGBTQI+ graffiti (witnessed 10%). It is noteworthy that, albeit they were at lower levels, respondents did indicate the presence of physical assault, threats, employment discrimination, pressure to leave campus housing, vandalism/property destruction, denial of services and being asked to change research or academic projects that focused on LGBTQI + issues on SCSU campus. 1

As opposed to the higher levels of bias and harassment for the LGBTQI+ population,

Heterosexual and Cisgender respondents predominantly indicated that they experienced gender-based biased/offensive language (6% experienced) and sexual harassment related to their gender (5% experienced). They additionally reported v.ritnessing significant levels of biased/offensive anti-LGBTQI+ language (21%) and verbal harassment (8%) towards those from the LGBTQI + community on campus. The most common experience reported by both populations is anti-LGBTQI + language, predominantly from students (86%), but with approximately s% of respondents hearing biased language from faculty and s% reporting hearing it from staff.

It appears that most of these incidents may go unreported, with only half of students knowing where to find anti-discrimination and harassment policies or their reporting procedures. A significant number of both groups of respondents (over 25%) do not feel completely safe on campus. Nine percent of LGBTQI + respondents had direct experiences that had a negative impact on their decision to continue studying/working at SCSU, with an additional 6% knowing others who experienced similar negative impacts. Overall, most respondents do feel that the majority of the campus is accepting of the LGBTQI+ community. However, a significant percentage of LGBTQI + respondents were not aware of faculty/ staff role models (55%), campus groups (33%), faculty and staff support groups (61%) or counseling services (40%) related to LGBTQI + issues. In addition, almost half of LGBTQI + faculty (42%) felt that their sexual/gender orientation could impact their promotion and tenure process. In terms of suggestions for change, respondents included addressing transgender issues, issues in residence halls, increasing education across campus on LGBTQI + issues, adding LGBTQI + content to the academic curriculum, increasing the presence of faculty and staff role models, offering and advertising more LGBTQI +events and greatly improve the SAGE Center with more resources, as well as more support for PRISM.

Conclusion Although it seems that SCSU has made progress in the climate and inclusion for the LGBTQI + community on campus, there are still a number of significant barriers to full inclusion and a positive climate. The committee feels that there are several immediate responses that the University should take to address the needs of LGBTQI + students, faculty and staff.

Recommendations 1. 2.

3· 4.

s. 6. 7· 8. 9.

Immediately establish an LGBTQI +Advisory Board. Establish subcommittees on the Board to address deficiencies across campus in different areas: Policy Inclusion, Support & Institutional Commitment, Academic Life, Student Life, Housing/ Facilities, Campus Safety and Admissions. Immediately find funding, resources, a full-time staff member and appropriate space for the SAGE Center, which can provide additional support for the student-run PRISM and campus activities. Revitalize the LGBTQI Faculty & Staff Alliance, identify a new coordinator and openly support the mission of the Alliance. Enhance the already established SAFE ZONE training so that it is offered to all faculty and staff on campus on a regular basis. Actively increase education and outreach across campus on LGBTQI + issues. Review the feasibility of adding an academic area of study, such as a minor in LGBTQI+ studies. Redistribute the LGBTQI+ Campus Climate survey next year to evaluate progress. SCSU should work towards becoming an official LGBT-friendly Campus through the Campus Pride organization .

• 3

FULL REPORT

Introduction and Charge to the Committee In fall2013, the President of Southern Connecticut State University (SCSU) convened the President's Commission on Campus Climate and Inclusion with the purpose of informing and advising the President and campus leadership on issues of inclusion, diversity, equal opportunity and affirmative action. This Commission is meant to provide a forum for important discussion and act as a catalyst in furthering the University's goal to create and maintain a community of safety and mutual engagement for all. The Commission's goals include: • Initiate and foster dialogue and other methods of communication among and between all members of the campus community. • Gather and examine information to identify, assess and evaluate major needs and areas of concern. • Propose programs to address these needs and concerns, and to promote, maintain and publicize strategic focus on these issues. • Recommend to the President the establishment of, or changes to, policies and procedures to assist in the development, maintenance and effective implementation of the University's equal opportunity and affirmative action programs. • Recommend to the President other actions designed to assure that the University fulfills its legal responsibilities and its moral commitment to equal opportunity and affirmative action. • Assist the Office of Diversity and Equity Programs in the fulfillment of its mission. • Collaborate with campus organizations that have complementary goals and objectives. • Monitor ~e effectiveness of any proposed policies and initiatives upon implementation. A subcommittee was formed for Gender Identity and Lesbian, Gay, Bisexual Trangender, Queer and Intersex (LGBTQI) issues to specifically investigate climate and inclusion for this community. As the community includes many more individuals than is captured in the shortened acronym\ this report will refer to this community as LGBTQI+. This report contains the findings from our quantitative and qualitative investigations of campus climate and inclusion for the LGBTQI + community on SCSU's campus.

SCSU LGBTQI + History In 1997, the SCSU student organization, PRISM, requested a training program for faculty and staff to assist in decreasing stigma and reducing discrimination on campus towards the LGBTQI+ population. The Counseling Center responded to this request and began Safe Zone training. Each semester the department provides Safe Zone I and Safe Zone II training for new and returning RA's, respectively, to discuss the myths and realities around homophobia as well as to establish an opportunity for RA's to explore their own personal views regarding the LGBTQI + population. The Counseling Center has recently partnered with residence life to continue this training. Although well attended, there are many other opportunities to provide this training on campus to departments, student groups, residence hall students, etc. that are 1

Lesbian, Gay, Bisexual, Transgender, Queer, Questioning, Intersex, Asexual, Ally, Pansexual and Two-Spirited

not being employed, due in large part to client caseload in the Counseling Center and time availability. In 2001, the Office of the Dean of Student Affairs established a University Assistant line for the coordination of activities, sponsoring of programs, and advocacy for the interests of the LGBTQI student population. Student members of LGBT Prism at that time were included in the discussions with Student Affairs administrators about opening up an official administrative office that would support their needs and interests. It also would serve to educate the general university-wide community on critical issues such as sexual diversity, homophobia, privileged heteronormativity, etc. Prism members were asked to select the name for the future center and to suggest an ideal location. The name 'Sexual and Gender Equality Center (SA.G.E.)'was chosen and in 2001, the SAGE Center was established and the site chosen was located in the basement floor of Schwartz Hall, a residence hall for upper level students. This site was chosen because it provided an alcove of two rooms conjoined by its own hallway with a private side entrance into the space, and entry into the space did not require signing into the residence hall as is required of all visitors at the main entrance of the building. One of the two rooms is a private office with a desk, phone, computer and printer for the SAGE Center's University Assistant, and the other separate office is the actual SAGE room for the use of students as a community meeting space. That space had a desk, phone, computer, printer, book shelves, books, a sofa, two lounge chairs, television and VCR. Both offices are conjoined by a short private hallway, partitioned off by its own door, and are located directly across from the Drug and Alcohol Resource Center (DARC). During this time in 2002, DARC received an outside grant for the physical renovation of its space and the SAGE Center was included in the renovation project. New walls, ceiling, floors and doors were installed. From 2001 to 2009, the SAGE Center had a 19 - hour per week University Assistant. From 2001-2005, the U.A.s operated out of the Office of the Dean of Student Affairs working closely with members of Prism. After 2005, the U.A.s operated out of the SAGE Center office and continued to work closely with members of Prism. Over the years, the U.A.s included an activist gay graduate student in the MBA program, an African-American lesbian who was completing her M.A. in Urban Studies, a lesbian activist who was completing her doctoral studies at SUNY in women's studies, and a transgender graduate intern in the Social Work program. The SAGE Center sponsored speakers, movie nights, trips to LGBTQI centered conferences and other student-focused activities. It regularly reeeived book donations from faculty and staff on LGBTQI topics and created a small library. It formed a campus speakers bureau of students, faculty and staff who would make classroom and campus presentations on relevant topics and issues. At the request of the students, the SCSU Counseling Office sponsored and continues to sponsor Safe Zone training through the SAGE Center and Prism. In 2009 when the state economy collapsed and all University Assistant lines were cancelled, the SAGE Center faced closure. However, it was decided that the basic functions of the SAGE Center would be maintained directly out of the Office of the Dean of Student Affairs as an interim measure until another U.A.line or a full-time position could be established. The basic functions included funding speakers and programs for the LGBT students, purchasing programming supplies and equipment as needed for student activities, helping students organize events, co-sponsoring events with other offices, assisting with student-run 5

conferences, funding a student worker line for the SAGE Center to maintain continuity in activities, providing funds for food and beverages for LGBTQI sponsored events, etc. out of a modest operations budget that continued to shrink as the economy worsened and the governor continued to target higher education. In spite of the setbacks, the SAGE Center continued to offer ancillary support and general programming for students of sexual diversity. For example, with a team of student volunteers, in April 2010 the SAGE Center sponsored "Making the Switch: Sexuality and Gender Equality Conference by and for students and their families, friends, instructors, peer and allies" that addressed transgender issues including challenging negative stereotypes and media images, identifying trans advocates and statewide counseling, medical and transition resources, seeking legal assistance with passport, driver's license, transcript and other identification documents, and other pertinent issues. The conference featured a film screening of the new self- told documentary, "Switch: A Community in Transition" about the personal transgender experience of Brooks Nelson and the reactions of family and community members to the transition. Filmmaker Brooks Nelson of Portland, Oregon was brought in to lead the discussion following the screening and spent three days on SCSU campus interacting with staff and students and providing role-model leadership to students on making the transition. The conference was attended by approximately 40 attendees, primarily students from SCSU, Yale, Quinnipiac, UCONN, University of Hartford and other local campuses. Currently, the SAGE Center space remains open 8:30am-4:30pm as a study space or meeting space for students. Students seeking advice, referrals and support for the LGBTQI population or seeking for funding for relevant materials, refreshments, speaker sponsorships, etc. meet with Dr. Rosalyn Amenta, Office of the Dean of Student Affairs. The SAGE webpage continues to serve as a general resource: http://www.southernct.edu/studentlife su ort/lgbt/ index.htrnl In 2011, the Office of Faculty Development established the LGBTQI Faculty & StaffAlliance to supports the needs and interests of the LGBTQI employees at Southern and provide them and their allies with opportunities for collegial dialogue and community building. Informal meetings are held monthly during the academic year. The LGBTQI Faculty & Staff Alliance through the Office of Faculty Development sponsors programs, potluck meals, brown bag lunch gatherings, films and other social activities that was coordinated by Jennifer Hudson. In 2013, a webpage was developed that serves as a resource for the LGBTQI community and its allies at Southern. http_JjWW\ .southern t. du/fa u]ty- taff/facul -dev lopment}alliance/. However, the future of the LGBTQI Faculty & Staff Alliance is uncertain due to consistently low attendance at alliance events. The current coordinator is also stepping down and to date there is no replacement coordinator. Despite substantial progress, there continues to be a need or more support for the SAGE Center and for the student run PRISM in terms of resources and space. The next section of this report addresses how LGBTQI+ services at SCSU compare to other local Universities. As shown in the next section, SCSU remains among the lowest rated schools for support to LGBTQI + students.

Com:garison to Other Institutions ~

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Campus Review of LGBT-Friendly Campus Criteria In an additional effort to assess the climate of the SCSU campus, the subcommittee utilized the LGBT-Friendly Campus Climate Index, owned and operated by Campus Pride 2 , the leading national nonprofit organization for university faculty and student leaders. The instrument is meant to assist higher education environments to create safer, more supportive environments at colleges and universities. The subcommittee reviewed all items on the index and assessed SCSU's current climate. Table 1, included below, indicates the scores in each area and the details of each subscale in the measure follow the table. As evidenced in the table and in the narratives, there is only one area which scores in the excellent range: LGBT Counseling & Health. In one other area, SCSU scores in the fair range: LGBT Support & Institutional Commitment. In most areas, SCSU scores in the poor range: LGBT Policy Inclusion, LGBT Academic Life and LGBT Student Life, LGBT Housing, LGBT Campus Safety and LGBT Recruitment and Retention Efforts.

Table 1: LGBT-Friendly Campus Criteria Results Measure LGBT Policy Inclusion LGBT Support & Institutional Commitment LGBT Academic Life LGBT Student Life LGBT Housing LGBT Campus Safety LGBT Counseling & Health LGBT Recruitment & Retention Efforts TOTAL

SCSUScore 1.5 4 2.5 3 1

o.s 5 0

Possible Score 9 8 7 8 8 5 5 7 57

LGBT Policy Inclusion 1.

Does your campus prohibit discrimination based on sexual orientation by including the words "sexual orientation" in its primary non-discrimination statement or Equal Employment Opportunity policy? Yes.

Does your campus include sexual orientation in public written statements about diversity and multiculturalism? Some, but not all.

3. Does your campus prohibit discrimination based on gender identity or gender expression by including the words "gender identity" or "gender identity or expression" in its primary non-discrimination statement or Equal Employment Opportunity policy? It is included in our non-discrimination statement, but not within the equal employment opportunity policy.

http://www.campusprideindex .org/

4. Does your campus include gender identity/expression in public written statements about diversity and multiculturalism? Some, but not all.

Does your campus offer health insurance coverage to employees' same-sex partners? No, you must be legally married or in a civil union as Connecticut has marriage equality laws. a. If Yes, does your campus "gross up" wages for employees who enroll for same-sex partner health benefits to cover the added tax burden from the imputed value of the benefit that appears as income for the employee? N/A b. If No, does your campus offer cash compensation to employees to purchase their own health insurance for same-sex partners? N/A

6. What other benefits does your campus offer equally to both opposite-sex spouses of employees as well as same-sex partners of employees? Please indicate your response accurately on what your campus offers. You must be legally married or in a civil union in order to receive benefits; there are no differences between what opposite sex spouses and same-sex spouses receive. These include all of the following: Dental, Vision, Spouse/partner's dependent medical coverage, Sick or bereavement leave, Supplemental life insurance for the spouse/partner, Tuition Remission for spouse/partner/dependents, Survivor benefits for the spouse/partner in the event of employee's death, Retiree health care benefits, Employee discounts, Use of campus facilities/privileges for spouse/partner/family. 7路 Does your campus include LGBT issues and concerns and, or representations of LGBT people in the following: a. Grievance procedures: No. b. Housing guidelines: Yes. c. Admission application materials: Sexual Orientation- Yes; Gender Orientation - No. d. Health-care forms- Counseling forms- Yes. e. Alumnae materials/publications - No. 8. Does your campus have inclusive methods for transgender students to self-identify their gender identity/ expression on standard forms for the following: a. Application for Admission: No. b. Application/Designation for Housing- No; must be done through a special gender neutral request. c. Student Health Forms- Counseling forms: Yes. g. Does your campus have an accessible, simple process for students to change their name and gender identity on university records and documents? Name changes have a simple process; gender identity does not.

LGBT Support & Institutional Commitment 1.

Does your campus have a full-time professional staff member who is employed to support LGBT students and increase campus awareness ofLGBT concerns/issues as so% or more of the individual's job description? No.

a. If No, does your campus have at least one graduate staff person who is employed to support LGBT students and increase campus awareness of LGBT concerns/issues as so% or more ofthe individual's job description? No. 2.

Does your campus have an LGBT concerns office or an LGBT student resource center (i.e. an institutionally funded space specifically for LGBT, gender and sexuality education and/or support services)? Yes, the SAGE Center. a. If No, does your campus have another office or resource center that deals actively with and comprises LGBT issues and concerns (e.g. Women's Center, Multicultural Center)?

N/A 3路 Does your campus have a Safe Zone, Safe Space and, or Ally program (i.e. an ongoing network of visible people on campus who identify openly as allies/advocates for LGBT people and concerns)? Yes; the Counseling Center on Campus organizes a Safe Zone program. 4路 Does your campus have a standing advisory committee that deals with LGBT issues similar to other standing committees on ethnic minority/multicultural issues that advises the administration on constituent group issues and concerns? No.

s. Do senior administrators (e.g. chancellor, president, vice-president, academic deans) actively demonstrate inclusive use of the words "sexual orientation" and/ or "lesbian, gay, bisexual" when discussing community, multicultural and/or diversity issues on campus? Yes. These terms are used in policies, procedures, the discussions surrounding climate and inclusion, as well as in student discussions, wellness resources and handbooks. 6. Do senior administrators (e.g. chancellor, president, vice-president, academic deans) actively demonstrate inclusive use of the words "gender identity/expression" and/or "transgender" when discussing community, multicultural and/ or diversity issues on campus? Yes. These terms are used in policies, procedures, the discussions surrounding climate and inclusion, as well as in student discussions, wellness resources and handbooks. 7路 Does your campus have a LGBT alumni group within the existing alumni organization? No.

8. Does your campus provide gender-neutral/single occupancy restroom facilities in administrative and academic buildings? No; however, we have single occupancy handicapped restrooms that could easily be considered gender neutral. LGBT Academic Life 1.

Does your campus have LGBT-specific courses offered through various academic departments and programs? Yes, but very limited, through the Women's Studies Program.

Does your campus have a LGBT studies program that offers a one or a combination of the following: Academic Major: No Academic Minor: No Academic Concentration: No Academic Certificate: No

3. Does your campus integrate LGBT issues into existing courses when appropriate? Within sporadic courses, e.g. CSP 578: Culturally Diverse Populations; HON 231 Religion and Sexuality in America; ANT 330 Anthopology of Religion; PCH 280 Human Sexuality 4路 Does your campus have a significant number of LGB-inclusive books and periodicals on sexual orientation topics in the campus library/libraries? Yes.

s. Does your campus have a significant number oftransgender-inclusive books and periodicals on gender identity/expression topics in the campus library/libraries? Some, but not a significant number. 6. Does your campus include sexual orientation issues in new faculty/staff programs and training opportunities? Somewhat - in new hire facultyI staff training only. Plans are being made to include these issues in Custodians and Facilities personnel training as well. 7路 Does your campus include gender identityI expression issues in new facultyI staff programs and training opportunities? No.

LGBT Student Life 1.

Does you campus regularly offer activities and events to increase awareness of the experiences and concerns oflesbians, gay men, and bisexuals? Somewhat; the university SAGE center is responsible for programming efforts to address these issues. However, it is not fully staffed and does not offer frequent activities.

Does your campus regularly offer activities and events to increase awareness of the experiences and concerns oftransgender people? Somewhat; the university SAGE center and the Prism Club offer programming efforts to address these issues. However, the SAGE center is understaffed.

3. Does your campus regularly hold social events specifically for LGBT students? Yes; Prism meets weekly and holds social programs such as the Drag Ball (4th Annual to be held in Spring 2014) and participates in Residence Life Cinema. 4. Does your campus have a college/university-recognized organization for LGBT students and allies? Yes, Prism Club.

Does your campus have any student organizations that primarily serve the needs of underrepresented and/or multi-cultural LGBT populations (e.g. LGBT Latinos/Latinas, international LGBT students, LGBT students with disabilities)? No.

6. Does your campus have any student organizations that primarily serve the social and/or recreational needs of LGBT students (e.g. gay social fraternity, lesbian volleyball club, gay coed lacrosse club)? No.

7路 Does your campus have any academically-focused LGBT student organization (e.g. LGBT Medical Association, LGBT Public Relations Organization, Out Lawyers Association)? No.

8. Does your campus have any student organization that primarily serves the religious/spiritual needs ofLGBT student (e.g. Unity Fellowship for Student, Gays for Christ, LGBT Muslims)? No.

LGBT Housing 1.

Does your campus offer LGBT students a way to be matched with a LGBT-friendly roommate in applying for campus housing? No. We do not currently offer an option such as this specifically. We offer the option for gender-blind housing, which exists currently in the form of 2 apartments within theNorth Campus Residence Complex, housing 4 students each. Students are notified of this option via the Room Selection Handbook, or by meeting with their Hall Director. Students interested in this option will meet with the Director of Residence Life to discuss their reasons for applying, and then will be placed by the Director. Because 60 or more credits are required to live in North Campus, there is occasionally a need for Gender Blind apartments in other residence halls. Schwartz Hall has previously held one Gender Blind apartment, and West Campus had one 4 person suite reserved, but was never used for this purpose. Does your campus enable transgender students to be housed in keeping with their gender identityI expression? No. We do not currently offer an option such as this specifically. We offer the option for gender-blind housing, as previously described.

3. Does your campus provide a LGBT theme housing option or a LGBTI Ally living-learning community program? No. We are currently in the process of developing our theme and living learning communities. Future plans include the possibility of an LGBT & Ally-themed community. 4. Does your campus offer students with non-student same-sex partners the opportunity to live together in family housing equally to those married opposite-sex couples in the same situation? No; however, we do not have this option for married opposite-sex couples either.

Does your campus allow residence life staff with same-sex partners who are not affiliated with the college/university to live together in a residence hall on an equal basis with married opposite-sex couples? No. However, as gay marriage is legal in the state of Connecticut, and as per CSU board policy, live-in staff members may be joined in campus residence by their legally wedded spouse, regardless of sexual orientation. Board policy states that additional individuals living with live-in staff must either be legally wed, a child of, or legally dependent on the staff member. Board policy states that neither heterosexual nor homosexual staff members may have non-married partners live with them in campus residence.

6. Does your campus offer gender-neutral/single occupancy restrooms in campus housing? No. The North Campus Midrise is the only residence hall with single user, gender-neutral public restrooms. No residence halls have multiple user, gender neutral restrooms.

7. Does your campus offer individual showers in campus housing to protect the privacy of transgender students? No. In buildings with traditional style, multiple user shared restrooms, individual shower stalls are private, but within the larger bathroom, which is designated for either males, or females exclusively. 8. Does your campus provide on-going training on LGBT issues and concerns for residence life professional and student staff at all levels? Yes. First year Resident Assistants participate in a 3 hours Safe Zone training each August, which is co-presented by representatives from The Counseling Services Office, as well as representatives from The Office of Residence life Hall Director Staff. Every other year, returning staff members participate in Safe Zone II, a session presented by a Hall Director from The Office of Residence Life and attended by a representative from The Counseling Services Office. Safe Zone II focuses primarily on the lives and lived experience of transgender individuals, and ways to be inclusive of these individuals when completing the tasks and responsibilities required ofRA's.

LGBT Campus Safety 1.

Does your campus have a clear and visible procedure for reporting LGBT-related bias incidents and hate crimes? No.

Does your campus have a bias incident and hate crime reporting system for LGBT concerns that includes the following: a. Bias Incident Team: No. b. Methods for supporting the victim: Yes at the Counseling Center. c. Outreach for prevention of future incidents: No. d. Protocol for reporting hate crimes and bias incidents: General hate and bias through the Silent Witness website, Yes.

3. Does your campus public safety office do outreach to LGBT people and meet with LGBT student leaders/organizations? No. 4路 Does your campus provide training for public safety officers on sexual orientation issues and concerns and/or anti-gay violence? No.

Does your campus provide training for public safety officers on gender identity/expression issues and concerns and/or anti-transgender violence? No.

LGBT Counseling & Health 1.

Does your campus offer support groups for LGBT individuals in the process of coming out and for other LGBT issues/concerns? Yes. We offer Group psychotherapy for issues pertaining to students who identify as LGBTQQIA, including but not limited to: a. The coming out process (individual process and community process) - complex and multifaceted b. Internalized homophobia c. Gender expression d. Intersex support e. Family dissonance created or exacerbated by coming out f. Relationships issues g. Any other issues a typical college student may face (financial, familial, societal, emotional, academic, etc.) h. General support, acceptance, group sharing and problem solving Does your campus offer individual counseling for students that is sensitive and affirming for (supportive) LGBTissuesfconcerns? Yes. We offer individual psychotherapy for issues pertaining to students who identify ~s LGBTQQIA, including but not limited to: a. The coming out process (individual process and community process) - complex and multifaceted b. Internalized homophobia c. Gender expression - housing, adjusting to campus, roommate issues, etc d. Transgender transition (mainly FTM or MTF) e. World Professional Association for Transgender Health (WPath) support (HBSOC) f. Intersex support g. Discrimination/violence h. Family dissonance created or exacerbated by coming out i. Relationships issues j. Any other issues a typical college student may face (financial, familial, societal, emotional, academic, etc.) k. General support, acceptance, problem solving

3. Does your campus provide training for health-center staff to increase their sensitivity to the special health care needs of LGBT individuals? Yes. We provide Safe Zone training to RA's, HD's, faculty and staff to reduce stigma and homophobia on our campus and to provide a support network for students who identify as LGBTQQIA. 4. Does your campus actively distribute condoms and LGBT-inclusive information on HIV/STD/STI services and resources? Yes, we do distribute free condoms, both male and female, at Health Services and in the residence halls. We will be installing dispensers in each residence hall in the near future. We have free monthly Get Yourself Tested days for routine testing for STis and HIV and have educational material available for all students including LGBT cohorts 15

Does your campus enable transitioning transsexual students to have their hormone replacement therapy covered by insurance? Yes, the Aetna Srudent Health plan has considered the medication, as well as the surgery a covered expense. The exact amount and co-pay may depend on the circumstances. We work with transgender srudents to facilitate these medical needs.

LGBT RecMLitment & Retention Efforts 1.

Does your campus actively seek to recruit and retain LGBT students, similar to other targeted populations (e.g. ethnic/multicultural students, athletes, international students)? No.

Does your campus have any scholarships specifically for LGBT students and LGBT allies? No, but a major gift is pending.

3. Does your campus include sexual orientation issues in new student orientation programs? No. 4. Does your campus include gender identity/expression issues in new student orientation programs? No.

Does your campus have a Lavender or Rainbow Graduation (i.e. a special graduation ceremony for LGBT students and allies)? No.

6. Does your campus have a LGBT mentoring program to welcome and assist LGBT students in transitioning to academic and college life? No. 7. Does your campus participate in an LGBT admissions fair to do outreach to prospective LGBT college students? No.

Survey Methodology The committee attempted to find any assessments that had been done on this issue/ with this population. To our knowledge, there were no previous attempts to assess the LGBTQI + community. Therefore, the committee reviewed other universities' surveys and methodology in order to establish our own assessment tool and process. After several reviews, the final tool was created (included in the Appendix). After IRB approval, the survey was created online and sent to students, faculty and staff via our campus listserv. Survey results were reviewed and analyzed using SPSS and are included below.

Survey Results Demographics There were a total of 460 respondents to the climate survey. Students compromised 289 of the respondents (63%), whereas faculty were 114 (25%) and staff were 53 (12%) of the respondents. The respondents' demographics are included below:

Table 2: Surveu Respondent Demographics Demographic Sex

Ethnicity

Age

Percentage of Respondents Female: 65% Male: 32% Transgender: 1% Other: 2% (e.g., androgynous, genderqueer, questioning, mixed) Asian: 4% Black/Mrican-American: 8% Caucasian: 77% Hispanic: 7% Native American: 0-4% Other: 4% (e.g., Arab-American, Multicultural, Portuguese) 18-24:41%

25-34= 1~/o 35-44= 15%

Disability Student Status International Students Student Residence Sexual Orientation

45-54= 13% 55-64:10% 65+: 5% No: 92% Yes: 8%

Undergraduate: 74% Graduate: 26% No: 98% Yes: 2% Commuter: 74% On-Campus: 26% Straight/Heterosexual: 70% Gay/ Lesbian: 8%/ 7% Bisexual: 10% Queer: 2% Questioning: 2% Other: 2% (e.g., asexual, pansexual, pangender) 17

Comfort with Being Out as LGBTQI+ on Campus Of those who identified as being LGBTQI +, 4 7% reported they were out on campus, 40% reported they were not out and 13% reported being selectively out to some groups or individuals on campus. For those who were out on campus, the majority felt comfortable with their decision (88%), with 10% reporting sometimes and 2% reporting not at all. Incidents ofBias or Harassment Participants were asked if they had ever had any of the following occur to them because of their sexual or gender orientation. The table below indicates responses by students' identified sexual and gender orientation. Of the incidents reported, LGBTQI + respondents indicated that most incidents happened off campus (18%), in classrooms (16%) or within a residence hall (15%). However, reports did include other contexts: online/social networking (n%), the Student Center (2%), the library (2%), a campus apartment or townhouse (1%). Heterosexual and Cisgender3 respondents indicated experiencing some of these experiences as well; however, they were far less than what LGBTQI + respondents reported. Heterosexual/Cisgender respondents' report of incidents related to their sexual orientation were predominantly related to sexual harassment. Qualitative data regarding these reports are included following the table.

Table 3: Reported Direct-Experience o[Incidents o[Bias or Harassment Incident Ph ieal Assault Verbal Harassment Sexual Harassment Threats Graffiti Jokes/ Biased & Offensive Language Employment Problems Pressure to Keep Silent Refusal of Friends/ Colleagues to Associate With Them Pressure to Leave Campus Housing Vandalism/ Property Destruction Denial of Services Asked to Change Research or Academic Projects Professor Did Not Know How to Respond to a Sexual/ Gender Issue

LGBTQI+ Respondents

Heterosexual/ Cisgender Respondents

2% 12% 2% 2% 3% 29% 3% 12% 8% 2% 2% 3% 3% 8%

o% 4% s% 1% o% 6% 1% 2% o% o% o% 1% o% o.s%

Identifies as male or female.

Description of incidents for the LGBTQI respondents:

Physical/ Verbal Harassment • I often wear colorful scarves, and I've been sneered at by men on campus for this. I've also heard the word "fag" shouted in my direction while walking outside and near residence halls, but not by anyone who was clearly visible at the time • I was sexually assaulted while an undergrad off campus. I was also called derogatory names while an undergraduate. • I have been verbally harassed, and also made fun of online. I have also had fellow students at the university refuse friendship with me because of my sexual orientation. • Only one time, I was walking behind Wilkinson Hall and within a 3 minute span, 2 men shouted "FAGGOT" out of the window. I am also subject to many jokes regarding being 'gay' everywhere. Vandalism/Threats • In 2009, soon after same sex marriage was legalized in.CT, I had the front page of the New Haven Register announcing this fact, which was on my office door, defaced and, also, homophobic messages written on my door, and threats over my campus telephone (messages). Transgenderlssues • I was denied entrance into a residence hall with friends because I appeared female on my ID (I have been on hormones for over a year, and present as male currently). I am never sure what bathrooms I am allowed in and was made fun of a few times in both gender bathrooms. I have confused teachers when they do attendance and I raise my hand after they call my birth name, which is embarrassing and it brings attention to it to the whole class. I have had employment problems (interviews) due to confusing the interviewer outside of school. • Embarrassed when misgendered in front of the whole class. • Some people have yelled out 'that's the women's bathroom!' as I'm walking towards it, thinking that I'm a guy about to enter the wrong room. Also when standing at the sink, some girls will avoid using a sink near me or will walk out if that's the only sink available. • When I was a freshman, I was told by a teacher that she could not address me as a female, because she had another student who went by the same name as I go by. We both went to the Counseling Services to understand our differences. When I was transitioning, during the second month of Hormone Replacement Therapy, I was at the Fitness Center and I was told I could not use the Women's Locker Room because I had not changed my name legally. Once at Conn Hall I was told I could not use the Women's Bathroom, if I ever used it again, the manager was going to call the Cops on me. Lack ofSupport from SCSU • Also, technically you are denying services by not having the SAGE Center open. It is a fake center, and you should not advertise for it if it is not open.

Jokes/Biased Language/ Microaggressions •

It was stated that my car~er would go no place as long as my work focused on GLBTQ

issues. • Many people especially in the student center make "gay" jokes. The atmosphere provided by some professors I've had created a pressure to not mention anything about sexual identity in their classes or openly identify as anything but straight. • More than one staff member has made inappropriate comments when I needed my spouse to be on my insurance and when I inquired about paperwork for her to enroll in a course here on campus. • Most faculty do not know how to facilitate conversations on LGBT topics. Nor can they handle jokes and biases. • Mostly I still hear people (mostly young people) use the words "gay" or "fag" as terms of derision. I have not heard them directed at me, but I often them used within groups of friends as ways to jeer each other. So I don't think they mean to use these words as hate-speech, but still see these groups as undesirable and less valuable than others. • multiple degrading jokes targeted towards me in terms of "like why did you join a fraternity, your better off in a sorority, since you would be able to talk about guys with them and not be judged" • [I] am not taken seriously by certain faculty, am easily ignored, my needs are not considered important, and none of my ideas are respected. • Certain members of the faculty, including one out lesbian and one bisexual in a female-female marriage, have been treated disrespectfully in meetings and given more difficult schedules. • During lunch at my job interview, a faculty repeatedly alleged that another department was fractious because it was filled with lesbians. • Professor/staff member was surprised and dumbfounded when I referenced my sexuality; afterwards, same professor/staffmember treated me as a stranger. Later, I discovered that same professor/ staff member felt "betrayed" that my sexuality was not obvious. • Professors seemed well intentioned but awkward, or inconsistent in their use of inclusive, affirming language. • Simply put I was passed over several times for the opportunity to teach higher level courses within our major. In several instances the opportunity was given to someone with equivalent or less experience or was given to someone else brought in for the course. This happened several times despite support from other colleagues to have me teach. • Some people who I have come into contact with have been very rude while my partner and I have walked around campus. Sometime they make sexual gestures towards us because we are a lesbian couple, other times it has been people calling me a "fag" or "whore". Some people who have found out or who I have told have been rude and changed their attitude towards me. Some people have been very nice, but there have been times where people on the street or cars passing by have said inappropriate things to myself and/ or my girlfriend. • Some teachers, mainly from other countries outside the United States in areas with lower human development indexes i.e. Bangladesh or Middle East, have issues or problems understanding those in the LGBTQ community. • The most common transgression is usually that many men like to make very cruel gay jokes 20

Se%1UJ1. Harassment • It's often seen that a woman is regarded as a fantasy when she says she likes other women, and I often get this joke and creepy responses when I come out. • Some people joke around about lesbians and think it is ''hot" when girls make out but when guys make out it's "gay. " I am a female that is currently dating a girl and have felt very uncomfortable at times at how many males treat me.

Description of incidents for the Heterosexual/Cisgender respondents:

Sexual Harassment/ Ge~der Bias • A faculty member told me that the department used to be comfortable for him but now it was being "taken over by a bunch of women." • Cat calls from men who appear to be the same age when walking to my car at night in lot 9 several times. i switched to wintergreen garage but it still happens. I'd feel safer if it was better lit or if i could park closer to the academic buildings. Also a delivery man stole my phone number and tried to hit on me when I ordered food to be delivered to the student center. • Comments made are sometimes very inappropriate as well as looks and in the past I have been grabbed or held on to • I have had more than one man tell me really offensive "jokes" and or make lewd comments • I was attacked via email by a male faculty member who is well known for bullying women on this campus. He sent vicious, hateful email that attacked me, my work, and my behavior. These were cc'd to administrators all over campus. In one email, he threatened to take me into a room and teach me how to behave. Other female faculty and staff members came to me to tell me that he had done identical things to them, and that the administration did not care. When I told Human Resources I was afraid of this person, I was treated as if it were a joke. I was told that this person is "just a typical male academic" when there was absolutely nothing appropriate about the behavior. Nonetheless, SCSU protected this person, and he continues to harass and bully women on this campus whenever he wants. As a result of this incident and how SCSU handled it (didn't handle it), work is just a paycheck now. I used to care about my work and this university, but now I don't. I don't go to events, I don't interact with colleagues in other areas that might bring me in proximity with this person. • Invited by a male faculty member to sit in his lap at a faculty meeting. Supposed to be a joke. I didn't think it was funny. • Supervisor making inappropriate comments about my good teaching based on my beauty. Male supervisor continuously made harassing remarks. As an adjunct felt powerless. Supervisor is no longer on campus. • Upper athletic administration have been bullying its faculty for years. Not comfortable speaking about specifics, but have witness and/or experienced age discrimination, retaliation, job threatening comments, verbal abuse, sexual harassment issue not taken seriously, and many people feeling a lot of pressure to keep silent.

The following table includes witnessing of incidents of bias or harassment. Of the incidents reported, LGBTQI + respondents indicated that most incidents happened in classrooms (22%), within a residence hall (I6%), the Student Center (IS%) or off campus (I4%). However, reports did include other contexts: online/social networking (11%), the library (3%), a campus apartment or townhouse (3%). Qualitative descriptions of incidents follow Table 3.

Table 3: Reported Witness of Incidents o{Bias or Harassment Incident

LGBTQI+

Respondents

Physical Assault Verbal Harassment Sexual Harassment Threats Graffiti Jokes/ Biased & Offensive Language Employment Problems Pressure to Keep Silent Refusal of Friends/ Colleagues to Associate With Them Pressure to Leave Campus Housing Vandalism/ Property Destruction Denial of Services Asked to Change Research or Academic Projects Professor Did Not Know How to Respond to a Sexual/ Gender Issue

2% 22%

8% 7% 10%

39% s% I3% 13% s% 4% 2% 2% I3%

Heterosexual/ Cisgender Respondents 2%

8% s% I% 4% 2I% 1%

3% s% I% 1%

I% 1% 7%

Qualitative description of incidents witnessed by respondents:

Physical/ Verbal Harassment • A student of mine (gay) came to my office terrified because he had been threatened with assault by a group of male students who hurled homophobic slurs at him while other students did nothing. The police discounted the issue. I also had a student who was assaulted on campus. • Occasional, brief use of derogatory terms by students in my classes, not directed at any particular class member(s). My response is to call students on the likely effects of such language on LBGT classmates and to remind them of class policy of respect toward all class members. • They were called queer, pig, and other names that I cannot remember. Or if someone dresses in an attire that people would not consider that person's gender should wear, they snicker and make comments to themselves.

Vandalism/Threats •

Threatening emails to straight professor who mentioned gay issues and services on campus and in society. Accused of advocating pro-deviant behavior. • Students often report to me the graffiti they see (often in bathroom stalls or locker rooms), as well as incidents they experience in their classrooms where a student says something offensive, but a professor does not know how to deal with it, and glosses over it.

Transgenderlssues •

I have a trans* friend who was denied the use of a bathroom by staff in a very rude way. they did not understand and were incredibly invasive and unfair • I have a few transgender friends who I have seen go through all of these. • My transgendered friend was forbidden from using the Woman's bathroom even though she identifies as female. • Student was harassed over using the women's bathroom while I was with her in both Conn Hall and the Student Center. Employees of both harassed her about her gender identity and demanded to know why she wanted to use.the women's bathroom, they felt she looked masculine and should use the male bathroom.

Lack ofSupport from SCSU •

I think that the location of supportive services for LGBT youth is a shame. The fact that the SAGE center is located in a literal closet in the DARC office is a terrible problem. The fact that this center is not staffed is another huge problem. Since SCSU is unwilling to allot $ to this center is a direct demonstration of where priorities lie for Southern.

Sexual Harassment •

Sexual harassment of women is common on many college campuses. There have been occasions where I have experienced catcalling from cars while walking on campus. Students, often male, also commonly use homophobic slurs against one another as a form of insult even if the person being insulted does not identify as homosexual. • Two girls were kissing in the quad and someone yelled, "That's so hot!" Not the biggest deal ever, but still rude and invasive

Jokes/Biased Language/ Microaggressions: •

I had an overtly feminine male student and the rest of the class was hesitant to chose him as a partner during class activities, but they where NOT disrespectful, just standoffish. • Colleague Outed a lesbian student to me before she was ready to do it herself. Inappropriate. • Chair does not appear to take homophobia seriously and pushed for admission of a graduate student who expressed very anti-gay views during interview. • I did not hear the whole conversation, but an openly gay male student was speaking with a professor. It was cleal'ly uncomfortable for the professor because the student was gay. And the student was aware of it and told another professor that he'd felt uncomfortable and a bit offended that him simply being gay had made that teacher so uncomfortable. • I have friends when they see a gay or lesbian individual walking by they get extremely mad and call them names. • I have heard students using slurs that denigrate the LGBT community • I have seen people using offensive language often on campus and felt threatened to say anything due to my vulnerability of being a female and being alone. • I witnessed other people use offensive language to make jokes. While not in the context of harassing others' gender or sexual orientations, they still could be considered offensive. • It's not that professors are ill-intended. It's just that they aren't very educated on things like gender identity in particular. They still take gender essentialist ideas for granted and don't know what to call people who are transgender, for example - I have even heard people say "(trans man) used to be a woman". This is particularly alarming in an academic setting and even moreso in social work, where we're supposed to be reasonably educated on these issues. • Most of the experiences happen off campus among the younger kids. a couple of boys told another boy that he couldn't go to the gym anymore with them, because he was a "fag". Another experienced happen[ed] at work. One of my co-workers came out to me and was terrified that she was going to be made fun of by the other employees, because one of the workers identifies herself as a homophobe. • Mostly tends to occur behind the backs of LGBTI students, but the result is that it ostracizes them among their peers • Mostly, this has been an unwillingness to NOT discuss the issue when someone is uncomfortable, not matter how they identify. Outing someone, or pressuring them to out themselves, is not good. And making jokes about it doesn't help. • My friend was talking with a peer and mentioned his boyfriend. The peer turned away and has not spoken to him or associated with him since. • My friend is treated differently because he dresses like a girl and is gay. • Sat with an openly gay student at dinner and many people at the table refused to acknowledge his presence and ate their food in silence, whereas every other time without this student they are very social and enthusiastic. A professor referred to a male identifying person as "she" while knowing that this person was male identifying • Slurs and general inconsideration/ignorance • Teacher made inappropriate comment about a gay peer, insensitive • Have heard people calling things/ other people gay or fag. • Professor unsure (and uncomfortable) with phrases and appropriate terms for a student's sexual orientation 24

Continued:

• These occurrences are so frequent and prevalent in many avenues and places on campus and off campus that I think its almost pointless to ask this question. The answer is yes ... sexual harassment and jokes, including but not limited to biased or offensive language occur everywhere. • Unfair assumptions made about sexual orientation. Generally, the campus has been supportive, but I've also seen a good deal of unfortunate discrimination by students. As a heterosexual male and a feminist, I used to integrate discussion of sexuality into my classes. When I joined Southern (about 10 years ago), I found that I was not able to discuss those issues in class with my students ...they would shut down or make comments about it being inappropriate for me to talk about such things. I have long since stopped trying and do not discuss gender identity in classes. • Walking to-from the classrooms from my office on the other side of campus, I sometimes hear inappropriate/offensive language and jokes by students. It is not frequent and is among friends, but still can be heard by those around them, which can be hurtful. • I have a few friends that go to SCSU and they have been pressured by their current roommates (who do not identify with the LGBTQ community) to move out of the residence halls, and they have been made to feel very uncomfortable. • In general classroom discussions, I have heard professors try to talk about gender identity and orientation and they are often at least a bit confused or uncomfortable about it. Although, I strongly believe that attempting to talk about these subjects is a huge step in the right direction, as opposed to ignoring them because they're difficult topics. • Many students still freely use the term "fag" & "queer" to demean others. I've heard it used several times in talking about someone whose appearance and/ or behavior doesn't necessarily meet society's perception of "normal". • on campus there are multiple locations including bathrooms where people are writing derogatory comments about people and spreading rumors about others, and outing some. • One instance in particular there was a freshmen male at welcome weekend who was dancing in high heels and a purse with everyone else in a crowd and there were a group of men about 20 feet away just staring at him and making comments, though I do not know if he over heard them at all • Professor would ask students to jokingly slap his wrist and then say "I'm going to say something sexist now" as if getting slapped on the wrist made it okay. • Similar to what I've previously mentioned experiencing myself, some professors provide an atmosphere possibly unknowingly that discourages some from being open about sexual identity and I've seen other students receive rude remarks by other students primarily in the student center • Simply heard people using language like "that's so gay" and "fag" in the hallways, although not in reference to me or (necessarily) any individual in particular. • Staff used the derogatory term "fag" • Some kids were making fun of another kid for "acting gay." • This isn't a simple few-offense list. It happens all the time. People shouting "fag" and making rude jokes they may not understand are offensive. Especially online, where everything is anonymous.

As indicated by the tables and the qualitative comments, the most common experience is

hearing biased offensive anti-LGBTQI+ language on campus, with 26% of heterosexual/ cis gender respondents indicated that they heard biased offensive language frequently or occasionally, whereas 48% LGBTQI + respondents reported that they hear it frequently or occasionally. Both indicated that they hear most of the offensive language coming from students (86%), followed by faculty (4.5%) and staff (4.5%). Another s% reported that they heard it from clients, community members or written on vandalized campus property.

Campus Safety In this section of the survey, respondents were asked about knowledge of reporting procedures and feelings surrounding safety on campus. As is shown in Table 5, approximately half of students do not know where to find discrimination and harassment policies, nor do they know where to report these incidents. While the majority does feel safe on campus, a significant number of all respondents sometimes feel unsafe. In addition, a significant number of LGBTQI+ respondents have also felt this discrimination and harassment has caused a negative impact on their enrollment or continued employment at SCSU.

Tables: Campus Safety Responses Survey Item Know Where to Find Discrimination & Harassment Policies Know Where to Report Discrimination & Harassment Incidents Feel Physically Safe Harassment Serious Enough to Cause LGBTQI + Community to Feel Unsafe Any Experiences That Have Made a Negative Impact on Your Enrollment/ Continued Employment at

scsu

Witnessed Any Experiences That Have Made Another Person Have a Negative Impact on His/Her Enrollment/ Continued Employment at SCSU

Yes: 48% No: 52% Yes: 44% No: s6% Yes: 73% Sometimes: 24% No:g% Yes: 7% Sometimes: 27% No: 66% Yes: 9% No: 91%

Heterosexual/ Cisgender Respondents Yes: 55% No:45% Yes: 52% No:48% Yes: 70% Sometimes: 26% No:4% Yes: 6% Sometimes: 18% No: 76% Yes: 1% No:99%

Yes: 6% No: 94%

Yes: 3% No: 97%

LGBTQI+ Respondents

Comments: • I shouldn't be made to feel uncomfortable and ashamed when having to explain (and seemingly explain more than once, as if HR staff weren't aware we have same-sex marriage in CT) my family's needs. • I don't feel safe enough to describe the experience. • I was going to transfer to another school, after the bathroom incident at Conn Hall. It really put me down because just because I have a masculine name on my ID (I can't have it changed because it isn't legislated in my birth country, and I am not yet aU. S. Citizen). Until this day, anytime I see this lady at Conn Hall, I had this feeling that I am being looked down because of my gender Identity. • It is absolutely considered fine by the SCSU administration for male faculty members to bully females -on this campus. • A professor made hateful comments about gay males • When my office door was defaced with homophobic graffiti I considered leaving SCSU because the police officer who was supposed to help me simply told me to stop having "provocative" things on my office door. • Campus procedures for sexual harassment do not always seem to be followed. • I do not feel that our campus is really inclusive of the LGBTQI community. Just because we say we are doesn't make it so. As a heterosexual, I do not feel comfortable showing open support of the community because non-LGBTQI faculty and students do not seem to support that. There is an unspoken expectation that I'm heterosexual and I do not have a place sharing opinions about this. • The general disregard that I mentioned previously is too frequent to be excused. • Why is there no LGBTQ Center? • As previously mentioned, being passed upon for advancement in teaching other courses. However, I also possess a solid strength of character and both a) have made the decision to remain because I love teaching and b) remind myself each semester that I am there for my students, not to play politics. My student response & reviews to my teaching are all I need to see to know I have made the right decision to stay. • I left the school for one year and studied in Providence, arguably a more progressive city.

Campus Climate and Support Respondents were also asked their perceptions of campus support for LGBTQI + Students. As shown in the figure below, most respondents felt that the environment was somewhat accepting, with fewer LGBTQI+ respondents than heterosexualjcisgender respondents indicating a very accepting environment. However, they did both perceive the environment to be predominantly supportive. Even so, 26% ofheterosexualjcisgender respondents and 56% of LGBTQI+ respondents felt that SCSU does not give enough attention to LGBTQI+ issues. Similarly 27% ofheterosexual/cisgender respondents and 53% ofLGBTQI+ respondents felt that SCSU does not provide enough support for its LGBTQI+ students.

Figure A: Perceptions of Campus Support

Perceptions of Campus Support 40

~ 35 Cll

~ 30 0

~ 25 Cll

a::

'0 :0

..."' 15 ~ 10

0 Very Unaccepting

Somewhat Unaccepting

Neutral

Somewhat Accepting

Very Accepting

-LGBTQI+ Heterosexual/ Cisgender

As indicated in Table 6 below, a significant percentage, roughly half of respondents, are

unaware of out LGBTQI+ Faculty/ Staff. Most are aware of LGBTQI+ student groups, but are not involved with them. The majority of respondents were not aware of LGBTQI + Faculty and Staff groups. The majority of respondents were also unaware of LGBTQI + Counseling Services. Most SCSU workers do feel supported by their supervisors in terms of sexual orientation and gender; however there is still a significant number that indicate that they do not (n% LG BTQI +, 8% Heterosexualj Cisgender). Almost half (42%) of LGBTQ I+ faculty feltthat their sexualjgender orientation could impact the promotion and tenure process.

Table 6: Campus Support Survey Item Aware of Out LGBTQI + Faculty/Staff Aware of LGBTQI + Campus Groups/Offices IfYes, Involved with These Campus Groups IfYes, Satisfied with These Campus Groups Aware of LGBTQI + Faculty and Staff Support Groups If Yes, Involved with These Groups If Yes, Satisfied with These Groups Aware of LGBTQI + Counseling Services IfYes, Ever Accessed LGBTQI+ Counseling Services IfYes, Satisfied with LGBTQI+ Counseling Services

If SCSU Worker, Do You Feel Supported By Your Supervisor as it Relates to Sexual Orientation/ Gender Identity If Faculty, Do You Feel that Sexualj Gender Orientation Could Impact Promotion and Tenure Process?

LGBTQI+ Respondents Yes: 46% No: ss% Yes: 67% No: 33% Yes: 17% No: 83% Yes: 39% No: 61% Yes: 33% No: 67% Yes: 28% No: 72% Yes: 46% No: 23% Yes: 6o% No: 40% Yes: 1S% No: 8s% Yes: 75% Somewhat: 25% Yes: 70% Somewhat: 19% No: n% Yes: 21% Somewhat: 21% No: 58%

Heterosexual/ 路asgender Respondents Yes: so% No: so% Yes: 68% No: 32% Yes: 7% No: 93% Yes: 52% Somewhat: 48% Yes: 30% No: 70% Yes: 10% No: go% Yes: 6~/6 No:33% Yes: 59% No: 41% Yes: 2% No: 98% Yes: 67% Somewhat: 33% Yes: 81% Somewhat: n% No:8%

Yes: 10% Somewhat: 3% No: 87%

Campus Opinions In this section of the survey, LGBTQI+ respondents were asked to provide qualitative comments regarding the most positive aspects of life, as well as the changes that respondents would like to see at SCSU for the LGBTQI + community. Clearly many of these respondents feel supported and have a positive experience on campus and at SCSU.

Positive Aspect Comments from LGBTQI + Respondents: • The Gender Neutral Housing, and the Counseling Services. • The LGBTQ community at SCSU and New Haven is large and widely supported by both people who do identify under that umbrella and those who are heterosexual. It is nice to see so many people of different backgrounds and identities come together. • The LGBTQI community seems to be just as hidden at SCSU as it is in the general public. It's nearly impossible to judge how any aspects of life at SCSU is for these individuals. • The university community--especially the student body--has become much more accepting over the last twenty years. • There seem to be lots of posters for LGBTQ events and stickers on the office doors for safe zones. Even though I am not close with many faculty or staff, I will admit that it is a bit comforting to see those posted throughout the school. • There will always be people who don't give a damn as per your orientation or identity. Acceptance far outweighs scorn on campus, as far as I've seen. • They have programs that address the LGBTQI community and it welcomes others who aren't part of that community. • As a commuter I don't interact as much With the campus due to not living on campus. The best support I receive is from the LGBTQ PRISM group as they provide a social atmosphere where I can be myself and seek advice on personal issues and just have fun. • Being in CT is very helpful, because we have actual equal rights here! That goes a long way to helping me feel more secure. However, we are not very visible on this campus, and there is a 'jock" mentality here that makes the classroom a stressful place. ·• Classes like English 462: gay and lesbian film and literature taught by Corinne Blackmer make students feel accepted • Connecticut, and by association SCSU, has a strict anti-discrimination policy regarding sexual orientation. Most importantly, benefits confer to spouses of samesex couples, and we have marriage equality. Working at SCSU, I encounter only people who are (at least by outward appearances) open-minded, accepting, nonjudgmental with regard to issues tied to my sexualityI sexual identity. I've been out since day one, and have never encountered a single negative incident tied to my sexual orientation. -

Continued: • Every single person I've told on campus that I'm bisexual has accepted and welcomed me with open arms. It's gotten to the point that I don't really need to make an official announcement to people anymore, which is the way I think it should be for everyone. I'm comfortable enough with just being myself and letting people piece it together themselves. • Gender-neutral housing has been a wonderful way to build a safer community for the LGBT individuals living on campus, however, there is not enough of those rooms available for students. There is a very limited amount of space, and it can be extremely disheartening for residents who need those rooms to be denied that safety simply because there is not enough need for those rooms by our housing department. That should become a more accessible option for LGBT residents. • I appreciate that I am treated as a scholar first and a lesbian second. Many members of the SCSU community are affirming of my sexual orientation, and they ask questions, but they are more interested in my views around my discipline. • I would say that rather than being accepting or rejecting I'd say SCSU is passive to the LGBTQI community never really addressing it but knowing that its there so its not a hostile environment • I know that they have the club and certain events, I went to a meeting last semester to play cards against humanity. I kind of wish I went to more things because the events seemed cool, like the drag show one. • It is nice to see the support fliers and stickers announcing "safe zones" on campus. I also think that as a whole the Southern community is pretty accepting. Most offensive behavior is from students. • The "Safe Zone" stickers and other small signifiers of supportive faculty or environments, which put my mind at ease about specific facultyI departments. Policies against harassment and discrimination. Events and reminders of inclusion. • The frequency with which LGBTQI material is discussed in classrooms, and the improving climate in the dorms.

However, LGBTQI + respondents also reported on significant things that they wished could change at SCSU. The following pages include their comments, organized by theme.

Comments from LGBTQI+ Respondents on What Needs to Change:

Address Transgender Issues: • A major issue is the administration (e.g. registrar) does not have any _policies in place for gender marker changes and instead rely on transphobic staff to make the decision of whether or not to allow transgender people to have accurate school records. Professors also need more training around names and pronouns and how to respectfully interact with trans folks. • I lmow that it would not be easy and there would be many hurdles, but I think having gender neutral bathrooms would reduce LGBTQ discomfort on campus. • More Gender Neutral Bathrooms, and it would be nice [ it would make our life less miserable], for transgender individual who cannot change its name for whatever reasons, to have a least the name the person goes by on its school ID. I was told the ID needs to match the records of the Student, but for me it was necessary, since I could not change my name in the United States, or a least I could, but that would means a lot of trouble, because then I would have to get a new Green Card, and to get a new Green Card I would have to hire a lawyer, and if wanted travel to Guatemala it would be problematic because my passport would it have a different name. Do you follow my reason, it would be nice to have an ID with the name that you go by, just to make our life less miserable. • Expanded gender-neutral campus housing and bathrooms. . • Going to school every day feels scary, because I am afraid that being trans will be brought to people attention somehow (especially with paperwork and using my ID). It gives me great anxiety. It is not easy, and many of my trans friends go though the same thing. • I am aware of faculty members who have refused to call a transgender student by their preferred name.

Address Issues in Residence Halls: •

I think to have a whole floor just dedicated to people of this community in one of the residence halls would be a good idea and personallythat is somewhe1:~ I would want to live • More easily accessible housing and restrooms for LGBTQI students and faculty, for those who do not feel comfortable or safe accessing traditional gender-based dorm rooms or restrooms, showers, locker rooms, etc. Outreach to make supportive services more visible for LGBTQI students who might be uncomfortable bringing their concerns forward. • Gender-neutral housing should definitely be offered for everyone on campus INCLUDING first-year students. I have personally experienced bullying based on sexual orientation and someone should NOT but made uncomfortable in their living environment. I feel extremely adamant about this and I'm sure if you ask anyone else in the community they would agree. The fact that gender-neutral housing is only offered to student who have enough credits to live in North Campus is honestly appalling.

Continued:

Increase Education on LGBTQI+Issues: • A stronger awareness/voice for/from the LGBTQI community. A way to connect with one another, and a stronger feeling of support from the SCSU community. • At orientation for students, and at training days for staff/faculty, I think everyone should have to participate in a short workshop or info session about LGBTQI communities and how to "accept" them. I feel that people often say things that are hurtful in the company of people in this community like myself because they are uncomfortable with it or they just don't know how to act or show their acceptance. Even if they choose not to accept the community, just knowing how to avoid being hurtful would be good. • Awareness. I feel isolated in my queer identity, even though I know there are others. • Continue to provide a clear message that respect and acceptance of LG-BT people is a part of the culture of SCSU. This is especially important to younger students who are early on in their journal of self-acceptance and public acknowledgment of their sexual orientation. • EMPLOYEES of the university need to NOT harass people based on their gender identity, professors need to stop making blanket statements about "men" and "women." Students need to be held accountable for the hateful things they say. • HR needs sensitivity training. And Queer students shouldn't have to beg for meeting space in the student center while other student groups are accommodated. • I believe real change needs to be made within the student body as to understanding and acceptance of these members • I think it is a hard topic to change or improve because a lot of the negatively stems from students and their behavior is out of the schools control. • I'm not sure what is offered but perhaps more education for students, staff and faculty about the LGBTQI meanings and some sensitivity training for faculty. • If it's not already mandatory, I think LGBTQ+ acceptance should be a mandatory topic in all freshman INQ classes. • information on how faculty should/ can handle situations that may arise regarding LGBTQI students • More awareness for older faculty/staff. Students are not the only LGBTQI population on campus. But it seems that it is more acceptable to deal with a LGBTQI student as opposed to an LGBTQI colleague. • More educational programming • In one of my classes, we discussed being transgendered. Students shared that they view being tiransgendered as a choice, a lifestyle, a pathological disorder, a sexual orientation, and that peop1e who refuse to identify themselves as having at one time been the gender that is congruent with the genitalia they are born with are insecure, lack credibility and are in denial. The professor made no comments during or after this discussion. I tried many times to facilitate an understanding of gender identity and transgenderism ... The choice as I saw it was to either out myself in an attempt to get them to understand how hurtful their words were or to leave the discussion. I opted for the latter as I did not feel emotionally safe. I was shocked and hurt by :iny classmates words and even more shocked and angry that the professor remained silent. 33

Continued: •

I think teachers should be a little bit more informed on how to deal with a student who is a little more androgynous. For example doing attendance to learn faces so students won't be misgendered in class. This only happened to me once freshman year I was misgendered in front of the whole class and it was vezy embarrassing and I left the room. Since the incident I find myself sitting in front so teachers can get a clear look at me so this does not happen again. This is the only issue i have ever had during my three years everything else has been vezy accepting. • SCSU needs to take a proactive approach to this issue to find out where the community really stands. This questionnaire will not get to the heart of the matter. On paper, there are claims that the SCSU community is supportive of all groups. Groups exist on campus for LGBTQI to gather with ONE ANOTHER. But it's not whether LGBTQI folks can gather with each other that defines an accepting campus. It's whether the LGBTQI community can be themselves in public spaces, in classrooms, in the halls, outdoors, on their sports teams, instructing classes. Do LGBTQI folks feel comfortable talking about their issues where non-LGBTQI folks might be within earshot? Do men who identify with the female sex wear the clothes of women freely? Does the LGBTQI community feel free to be themselves always and anywhere on campus? I THINK THE ANSWER IS A RESOUNDING NO.

Add LGBTQI+ Content to Academic Curriculum: • Include more LGBTQI history and culture in mainstream classes. Fly the rainbow flag! • More classes focusing on LGBTQIA topics/issues or incorporating these issues into existing classes. • Talk about LGBTQI community more often in classes ... • Students repeatedly voice frustrations with homosexuality being lumped in with criminality and substance abuse in certain psych/sociology courses. Increase the Presence ofFaculty and Stqff'Role Models: • I think it would be great if more faculty and staff were openly "out" to provide positive role models for struggling LGBTQI students; however, this is not something that can be forced or changed without teachers stepping forward of their own choice. • I would like to know which faculty members are part of the LGBT community. More LGBT events so more students can see other people part of the community. • More administrators, faculty and staff need to come out and/or be visibly supportive of LGBTQI groups and events.

Continued: Offer/ Advertise More LGBTQI+ Events: • I haven't seen any ally or LGBTQI events ... • I kinda wish SCSU would have separate support groups or clubs for each side of LGBTQ, like one group for lesbians, one group for gay men, one group for bisexual men, one group for bisexual women, one group for transgendered people, and one group for questioning people. For me, I would like to attend a questioning support group, or at least talk with other men who have the same problem as me. • I think that there should be more groups/meetings for LGBTQ community members on campus. I also think there needs to be a stronger presence of said groups at event fairs. • I would say that somehow making it more well known that there is LGBTQI support could do a lot for LGBTQI members of campus. • I'm a commuter and would love to get involved with any lgbtqi groups at school but I never hear any information about them. More info should be put out there especially for commuters because we are not on campus all the time. • Increase proactive awareness to re-enforce the tone of acceptance and stimulate community dialogue. i.e. posters, inclusive social events (not just group oriented events) • Make services or involvement more known and available to students I've never even heard of any of the things talked about. I wish I did • More activities bringing awareness to the issues that LGBTQI community face • More advertising, for people to be aware • more awareness and knowledge that there is a club (i was not aware) • More lgbt awareness and groups • More Programs/Services • More prominent L<;jBTQIA support group • more resources, and the openness of the resources, and where they are located. • More social events for GLBT community members. • More support groups and campus-wide events. • Perhaps LGBTQI student organizations could be better advertised? • Prism (?) Or the LGBTQI student organization needs to do more out reach. They have gotten better over the years. The drag ball is a good start for Campus wide events. • The Alliance group on campus seems like a nice group, but honestly, making the meetings pot-luck format poses a barrier for my attendance. I really don't have time to prepare and bring food. I would rather just meet and talk, something more social. Perhaps we could meet at a local bar or eatery in Westville instead? I would also really love to meet other faculty who are interested in research related to the queer community. I have done some research in this area, but have not found anyone else with this expertise for collaborations. • Update your webpage for the group. I tried to go to a meeting and found nothing. • Well publicized social events and lectures similar to Yale would be helpful.

Continued:

Greatly Improve the SAGE Center & Provide More Support for PRISM: • Better advertising of services. SAGE CENTER should be open and in the Student Center. • I think that unlike the other minorities on campus the lgbtqi community doesnt really have a strong presence on campus. For one thing the SAGE center on campus is not very well known or accessible to the students I think it needs to be accessible and private like how the counseling center is set up. • It is quite bothersome that the SAGE Center is still listed on the website as though it were a real and usable resource for the campus community when it hasn't been staffed in years. The message that is sent by the fact that this "office" is a closet, within an office, within a basement of a residence hall is that the community it allegedly serves doesn't matter and should be hidden away. It's offensive. • Move the SAGE Center to the Student Center. It's ridiculous that such a critical resource is located in the basement of a residential hall that not all people have access too. • More support; a better campus LGBTQ center. • PRISM Office Space Better SAGE Center • The SAGE Center should be fully staffed (eg, not just with a graduate intern). Compared to other universities where i have worked, there is a culture of silence about LGBTQI issues, at least in Student affairs. Although i am aware of individuals on campus who identify as LGBTIQ, there is no sense of a lively faculty/staffLGBTQI community, and heterosexist assumptions persist broadly. • The University would greatly benefit from having the SAGE center moved into a better location. • To include mature people to help in organizing activities and participate in activities, workshops and other awareness programs that make the LGBTQI presence felt. To make the space more embracing to fellow LGBTQI older students on campus. • We need our SAGE center to be brought to a location which can be accessed to students. Currently, it is shut down in the basement of Schwartz Hall where if we would want to open it, we need a key from a faculty member to open and then return the key while keeping the center under watch. Our students who identify as LGBTQIIA do not feel like there is a place on campus where they can feel safe and talk with people if they are in need of help. Similar to the DARC where students with alchololjdrug issues can get assistance and have many resources provided to them, the SAGE center and the LGBT community on campus does not have a similar area. The SAGE center must be moved, niust be accessable, and must be staffed in order for LGBT individuals to feel more accepted and safer on this campus. • It was recently noted that Multicultural Affairs will be taking on responsibility for the SAGE Center, with the added support of a grad intern in charge of this area. After being neglected for so long, a grad student alone is not enough support here. SAGE needs it's own full time administrator. Even by conservative estimates, this office should be serving 10% of our campus community. A grad intern is not enough.

) 36

Recommendations Our first recommendation is that the University establish an LGBTQI +Advisory Board, whose primary responsibility it will be to continue to work for positive changes in campus climate and inclusion for this community. The members of this subcommittee are more than willing to serve in any capacity on the Advisory Board, if the University wishes our continued assistance in this area. Our second recommendation is that members of the LGBTQI Advisory Board establish subcommittees to enact change across campus. It is suggested that they begin work in the following areas: Policy Inclusion, Support & Institutional Commitment, Academic Life, Student Life, Housing/ Facilities, Campus Safety and Admissions. Using the LGBT-Friendly Campus Climate Index, services can be established/ improved for each area. For example, establishing gender-neutral bathrooms would be of utmost importance in improving issues for transgender students on campus. Our third recommendation is to find immediate funding and space for the SAGE Center. This center, if staffed with a Full Time Staff member could provide a substantial amount of the resources and support that are needed on campus. This space ideally should be in the Adanti Student Center and have enough space for the student group PRISM. Resources for the center and offered events should also be part of the Center's budget. Our fourth recommendation is to revitalize the LGBTQI Faculty & Staff Alliance, identify a new coordinator to carry on the mission, and openly support the mission of the alliance and the expansion of its activities and outreach, with the support of the LGBTQI Advisory Board. Our fifth recommendation is to work to enhance the already established SAFE ZONE training so that it is offered to all faculty and staff on campus on a regular basis. Have it become an established workshop offered at regular times throughout the semester for all to access. It is important that all faculty and staff are exposed to it, as it serves to educate individuals and decrease incidences of ignorance, prejudice and discrimination on campus. Our sixth recommendation is to actively increase education across campus on LGBTQI + issues, including updated information in orientation trainings, campus-wide public affairs outreach (as was performed for sexual harassment/ dating violence in the past), programming with Faculty Development and the writing of a grant for a potential Conversations within the Disciplines grant, which could connect faculty and staff who do work in this area. We recommend that the LGBTQI Advisory Board lead these efforts. Our seventh recommendation is to review the feasibility of adding a LGBTQI + minor of academic study which could be appropriate across several fields. We also recommend that the survey is employed again next year to evaluate potential progress in climate and inclusion for this community. Finally, we believe that once the campus climate has improved and services have been established, SCSU should work towards becoming an official LGBT-friendly Campus through the Campus Pride organization.

Appendix: LGBTQI+ Climate Survey In this survey, we may use terms with which you are not familiar. Please see these definitions for a full explanation ofterms if any are unfamiliar. • Bisexual: A bisexual person is one who has significant attractions to both men and women. • Gay: A man who has significant emotional, romantic, or sexual attractions primarily to other men. At times, "gay" is used to refer to all people, regardless of sex or gender, who are not heterosexual. Lesbians and bisexuals may feel excluded from this term. • Gender identity: A person's internal self-awareness ofbeing male or female, masculine or feminine, or something in between. Some individuals experience their gender identity as not conforming to their assigned physical sex and may identify as transgender. • Intersex: Usually someone born either with indeterminable genitalia and/or reproductive organs, and/or chromosomal make up other than XX or XY. Intersex people may or may not identify as members of the transgender community. (Sometimes referred to as "hermaphrodite," an outdated and offensive term.) • Out: To disclose one's own sexual identity or gender identity. It can mean telling others or it can refer to the time when a person comes out to himself/herself by discovering or admitting that their own sexual or gender identity is not what was previously assumed. • Queer: Originally a derogatory slur, "queer" has recently been reclaimed by some to be an inclusive word for all those marginalized by heterosexism and/or discriminated against based on gender norms. Queer is often used as a sexual, gender, and/or political identity, meaning nonnormative. It is not accepted by all in the community. • Questioning: An individual who is unsure of their sexual/gender orientation and is currently seeking to understand their identity. • Lesbian: A woman who has significant emotional, romantic, and/or sexual attractions primarily to other women. • Sexual orientation: One's emotional, romantic, and/or sexual attractions to others. A person may choose to identify as lesbian, gay, bisexual, heterosexual, or with some other identity. • Transgender: An umbrella term for those individuals who transgress gender in some way, or whose gender identity does not match up with the physical sex they were assigned at birth, or someone who identifies as a member of the trans gender community.

Demographics: Please tell us a little bit about how you identify yourself: Sex:

0 Female 0 Male

0 Transgender 0 Intersex

0 Other (please specify)_ _ _ __ __ __ _ Ethnicity: 0 Asian/Pacific Islander 0 Black/African-American 0 Caucasian 0 Hispanic/Latino/Latina 0 Native American/American Indian 0 Other (please specify) _ _ __ _ _ _ __ _ Age: 0

0 0 0 0

18-24 25-34 35-44 45-54 55-64 65+

Do you identify as having a disability? 0 Yes 0 No Status at SCSU: 0 Student 0 Faculty 0 Staff

IF STUDENT IS SELECTED: Student Level: 0 Undergraduate student 0 Graduate student International Status: Are you an International Student? 0 Yes 0 No Student Residence: 0 Commuter student 0 On Campus Resident (If so, which Residence Hall?)_ _ __ __ __ _

What is your major? (please specify) _ _ __ _ _ _ __ __ Sexual Orientation: 0 Straight/Heterosexual 0 Gay 0 Lesbian 0 Bisexual D Queer 0 Questioning 0 Other (please specify)

IF GAY/LESBIAN/Bisexual/Queer/Questioning/Other IS SELECTED: Are you out on campus? 0 Yes 0 No 0 Out selectively with some individuals/groups Do you feel comfortable being completely out on campus? 0 Yes 0 No 0 Sometimes

Incidents of Bias or Harassment Please check if any of the following have happened to you because of your sexuaVgender orientation while at SCSU:

D Physical Assault D D D D D D D D D D D D

Verbal Harassment Sexual Harassment Threats Graffiti Jokes/Biased and Offensive Language Employment problems Pressure to keep silent Refusal of friends/colleagues to associate with them Pressure to leave campus housing Vandalism/ Property destruction Denial of Services Pressure to change research or academic projects because of focus on sexual/gender orientation D Professor/Staff who did not know how to respond to a sexual/gender orientation Issue D Other (please specify) _ _ _ __ _ __ _ _ If you have experienced any of the previous incidents, where did they occur: D Residence hall D Campus Apartment/ Townhouse D Classrooms D Campus Library D Student Center D Offcampus D Online/Social Networking D Other (please specify) _ __ _ __ _ _ _ __ Please provide a brief description of these expenence _ _ __ _ _ _ _ _ __ _ __ _ __

Please check if you have witnessed any of the following happen to another individual because of their sexual/gender orientation while at SCSU:

D D D D D D D

D D D D D D D D

Physical Assault Verbal Harassment Sexual Harassment Threats Graffiti Jokes/Biased and Offensive Language Employment problems Pressure to keep silent Refusal of friends/colleagues to associate with them Pressure to leave campus housing Vandalism/ Property destruction Denial of Services Pressure to change research or academic projects because of focus on sexual/gender orientation Professor/Staff who did not know how to respond to a sexual/gender orientation issue Other (please specify) _ _ _ _ _ __ _ __

If you have witnessed any of the previous incidents, where did they occur: D Residence hall D Campus Apartment/ Townhouse D Classrooms D Campus Library D Student Center D Offcampus D Online/Social Networking D Other (please specify) _ __ _ _ _ __ _ __ Please provide a brief description of these experjences'----- - - - -- - -- - - - How often do you hear biased offensive anti-LGBTI language on campus? D Frequently D Occasionally D Rarely 路 D Not Sure From which group do you hear biased and offensive LGBTQI language on campus most frequently? D Faculty D Staff D Students D Others (please specify) _ __ _ _ __ _ _ __

Do you know where to find information related to discrimination and harassment policies and reporting procedures at SCSU? 0 Yes 0 No Do you know where to report information related to discrimination and harassment policies and reporting procedures at SCSU? 0 Yes 0 No

Campus Safety Do you feel physically safe on SCSU's campus? 0 Yes 0 No 0 Sometimes Do you believe that harassment on campus is serious enough to cause LGBTQI students/faculty/staff to fear for their safety? 0 Yes 0 No 0 Sometimes Have you experienced any issues targeting your own sexual orientation/gender identity that have made a negative impact on your decision to continue at SCSU until graduation (student) or to continue working at SCSU (faculty/staff)? 0 Yes (please specify) _ __ __ __ _ __ _ D No Have you experienced any issues targeting another person's sexual orientation/gender identity that have made a negative impact on your decision to continue at SCSU until graduation (student) or to continue working at SCSU (faculty/staff)? D Yes (pleasespecify) _ __ __ _ _ __ _ _ D No

Campus Climate & Support How would you describe the overall campus environment for LGBTQI people at SCSU? D Very accepting D Somewhat accepting D Neutral D Somewhat unaccepting D Very unaccepting D Do not know Do you believe that the University gives enough attention to LGBTQI issues? D Enough D Too little attention D No Opinion Do you believe that there is enough support from the University for LGBTQI students? D Enough D NotEnough D No Opinion Please indicate your level of agreement with the following statements: SCSU Faculty (Instructors/Professors) are supportive of a person's sexual orientation/identity. SCSU Faculty (Instructors/Professors) are supportive of a person's gender orientation (e.g., transgender) SCSU Staff (Other University Employees) are supportive of a person's sexual orientation/identity. SCSU Staff (Other University Employees) are supportive of a person's gender orientation (e.g., transgender) SCSU Students are supportive of a person's sexual orientation/identity. SCSU Students are supportive of a person's gender orientation (e.g., transgender) TABLE FORMAT with same options D Strongly Agree D Moderately Agree D Neutral D Moderately Disagree D Strongly Disagree D Not Sure Are you aware of out LGBTQI Faculty/Staff on SCSU campus? D Yes D No Are you aware of campus groups or offices supporting LGBTQ students and allies? D Yes D No

Are you involved with these campus groups? 0 Yes 0 No If yes, are you satisfied with your experience with these groups? 0 Yes 0 No 0 Somewhat Are you aware of the services surrounding sexual/gender orientation provided by the Counseling Services Office? 0 Yes 0 No Have you ever accessed these services? 0 Yes 0 No If yes, are you satisfied with your experience with these services? 0 Yes 0 No 0 Somewhat If working at SCSU, do you feel supported by your supervisor as it relates to your sexual/gender orientation identity? 0 Yes 0 No 0 Somewhat 0 NA; I do not work at SCSU If Faculty at SCSU, do you feel that your sexuaVgender orientation identity could impact you negatively during the promotion and tenure process? 0 Yes 0 No 0 Somewhat 0 NA; I am not Faculty Are you aware of any faculty/staff groups supporting LGBTQ faculty and staff? 0 Yes 0 No

Are you involved with these groups? 0 Yes 0 No If yes, are you satisfied with your experience with these groups? DYes D No D Somewhat

Campus Opinions What do you see as the most positive aspects of life at SCSU for members of the LGBTQI community? (please specify) _ _ _ __ _ _ __ _ What changes or additions could be made to SCSU' s campus offerings to improve campus experiences for the LGBTQI community? (please specifY) _ _ __ _ _ _ _ __ Is there anything else you would like to add that we did not ask? (please specify)

PR.ESir>ENT"S CC>lVliVI.ISSIC>~ on Campus Climate and Inclusion

SUB-COMMITTEE ON RACE/COLOR/ETHNICITY/ INTERNATIONAL STATUS AND CULTURE

.. '•

REPORT OF THE SOUTHERN CONNECTICUT STATE UNIVERSITY PRESIDENT'S SUBCOMMITTEE ON RACE, ETH NICITY, INTERNATIONAL STATUS, AND CULTURE

Subcommittee Chair: Shirley A. Jackson, Sociology Subcommittee Members: Sousan Arafeh (Educational Leadership and Policy Studies),Jasmine Brown (Student), Dian Brown-Albert (Multicultural Center), Gloria Lee (Office of Financial Aid & Scholarships) Anna Rivera-Alfaro (Accounts Payable)

May 19 2014 1

REPORT OF THE SOUTHERN CONNECTICUT STATE UNIVERSITY'S PRESIDENT'S SUBCOMMITTEE ON RACE, ETHNICITY, INTERNATIONAL STATUS, AND CULTURE

Introduction: The Race, Ethnicity, International Status, and Culture Subcommittee (RECIS) of the President's Commission on Campus Climate and Inclusion set out to review Southern Connecticut State University's organizational structures, commitments, and activities in the areas covered under the subcommittee's purview; identify the current state of these on campus; identify the national trends; and identify the best practices that fall under the work of the sub-committee. In addition, the RECIS Subcommittee compiled a list of recommendations that outline what the university should do in the future. Included are the resources needed as identified by the committee and the policies needed to support the recommendations.

Process: The RECIS subcommittee met November 4 and December 2, 2013 during the Fall and held its final meeting Spring semester on March 11, 2014. Members of the committee developed a list of tasks at the first meeting from which members selected a task or set of tasks for which they volunteered to obtain information. The committee focused on the six areas below:

1) 2) 3) 4) 5) 6) 7) 8)

Office of International Education (OlE) Office of Diversity and Equity Minority Recruitment and Retention Program & Committee SCSU Data: Fact Book, Common Data Set, and Campus 2013 Affirmative Action Plan Peer Institutions Four CSU Campuses Student Clubs and Organizations Funding Opportunities for RECIS Students

Below is a description of each area. The descriptions and subsequent key points provide the necessary background information needed to help the committee formulate its recommendations.

Office of International Education (OlE) The staff of the Office of International Education (OlE) at SCSU were contacted in January 2014 to provide the committee with information on the nature of the office, student needs, and the challenges it faces. These and other issues are described below through written and

oral communication with the staff. The committee thanks the staff for its insight in providing thoughtful and thought-provoking responses for this report.

A. The Office of International Education: The Office of International Education (OlE) was established in 2012 following the merger of two former SCSU officesInternational Student Services (ISS), which formerly provided services to F-1 (matriculated) international students, and International Programs (IP), which handled J-1 student and faculty exchange programs and study abroad. This structural shift has provided a foundation for the OlE to begin providing services for an increasing number of F-1 and J -1 international students, and to enhance study abroad and internship abroad opportunities for Southern's domestic students. The (PDSO) Principal Designated School Official is responsible for: interpreting and applying laws and government policies pertaining to F-1 students; ensuring the Institution that F-1 individuals are in compliance with DHS (Department of Homeland Security) laws and federal regulations. The PDSO issues and signs forms 1-20, updates the SEVIS (Student Exchange Visitor information System) and assists in other immigration matters dealing with F-1 students. The PDSO ensures that the institution keeps records that are required to be kept, and that the Institution complies with its reporting duties under SEVIS. The PDSO approves or recommends benefits for F-1 students and their families and educates students and the school about their rights and obligations under F-1 regulations. The PDSO and Program Assistant works closely with Graduate and Undergraduate Admissions staff to ensure that International F-1 student's immigration documents are acceptable. The PDSO and Program Assistant provide information sessions pertaining to working on/ off campus, when and how to apply for work permits cards, and how to apply for social security cards. Change of status, economic hardships, reinstatements, family entries into the US, and, most importandy, how to maintain an active status while being on an F -1 Visa are also areas covered by the OlE. B. The OlE currendy engages in the following activities: • Serve F-1 (Inbound) international students • Serve J-1 Visiting Scholars, approximately 10-20 per academic year • Study Abroad • Faculty-Led Programs -120 students in 2013 (a further increase anticipated for 2014) • Semester- or Year-long Programs- 57 students participated in 2013 • Transcript evaluation of all foreign credits for study abroad returnees • Risk Management for Faculty and Students Abroad • Travel Insurance (OnCall/ISIC, ITIC) • Medical requirements, in cooperation with SCSU's Granoff Health Center • CDC / State Department Host Country Information Counseling 2

• • • • • •

•

National Student Exchange -launching in Fall2014 (application period began Fall2013) Program Development SCSU-hosted short-term academic programs, inbound Faculty-led programs - Summer, Winter, Spring Break (3 new programs for 2014) Faculty Exchange Opportunities (currently working on 1:1 exchange options) Fulbright/Boren Advising (1 Fulbright Awarded in 2013) Establishment of Additional Reciprocal Exchange Partners (Memorandums of Understanding, or MOUs)

C. OlE's Challenges: OlE challenges fall into three categories-staffing, budget, and space. Attention to these three areas will vastly improve the services the OlE offers students and faculty as a whole. It will give our staff the time they require to ensure that our international students are not only provided for but cared [emphasis in the original] for (which correlates directly with our F-1 retention rate). It will also allow us to develop even more programs with our faculty that provide students the international opportunities that will make them competitive in the global workplace. The recent increase in the range of programs managed and services provided by the OlE has presented challenges in terms of staffing, budget, and physical space.

1. Staffing As the OlE encourages walk-ins, a lack of front desk coverage makes programming work challenging. Reception areas in EN B 129 and EN B 116 are staffed only during certain hours. When students are not available to staff the reception areas, full-time staff members fill this role. In addition, one Graduate Assistant is currently shared with World Languages and Literatures, and faculty study abroad coordinators are available to assist with student advising only a few hours per week. The OlE needs an increased Student Assistant budget that would allow full-time front desk coverage during business hours in both Engleman Hall offices, as well as one additional UA to assist with managing a rapidly growing number of faculty-led study abroad programs. In addition, the staff strongly recommends the placement of a full-time International Admissions Specialist in EN B 116 that would serve as liaison for both graduate and undergraduate F-1 applicants. Having an International Admissions Specialist in the OlE would facilitate a smooth, expeditious application process for students, and in doing so, would significantly increase the likelihood that F-1 applicants would select Southern as their university of choice.

This increase in staffing will allow us improve services in the OlE for each cohort serve by the office. Thus, the office staff envisions the following: a. An increased number of workshops for CPT/ OPT/Employment Authorization/Tax Filing (and more) for F-1s. b. A ÂŤBuddy Program", where incoming international students are paired with both a faculty member and a peer (a Southern study abroad returnee or other student expressing interest). c. Twice-per-semester events and excursions for F -1 and J -1 students, including campus clubs and local and regional community groups. d. More holiday event planning, a cultural opportunity for our international students, as well as our study abroad returnees, prospective study abroad candidates, and members of the campus community.

2. Budget The operating expenses (OE) of the former International Student Services Office were reduced by 50% when the former ISS Org was transferred to the OlE Org. At the same time, expenses have increased significandy as a result of outbound program expansion and augmented study abroad recruitment efforts. The office staff anticipates that expenses will continue to increase as F-1 enrollment numbers rise and as outbound participation continues to increase. Current OE funding is insufficient to fund more comprehensive outreach and student/faculty training programs. For example, extended two-day new international student orientations (which sister CSU campuses hold, and which the OlE hopes to implement in the future) are prohibitively expensive, as are off-campus events or excursions (such as trips to New York or Boston for F-1 andJ-1 students), or even regular international education events for students and faculty (luncheons, ice cream socials, etc.). Conference and workshop attendance costs are drawn direcdy from the OlE's OE, and when the OE is as impacted as it is currendy, the budget allows for participation in litde more than webinars. All staff working full-time should attend NAFSA yearly to ensure the OlE follows best practices in all of its programs and services. Likewise, as members of National Student Exchange (NSE), the OlE's NSE coordinator is required to attend the annual placement conference in March. First, a re-allocation (annually, not one-time) of the $5000.00 previously removed from the former ISS Org prior to the merging of the two offices is recommended. In addition, an annual budget increase of $10,000.00 would make it possible for the OlE to implement programs, workshops, trainings, and excursions such as those referenced above. Importandy, this would also enable full-time staff to participate in NAFSA 4

conferences, which is critical for information sharing and the ongoing implementation of best practices. Additionally, FedEx costs are mounting. In 2012, the OlE began mailing all DS-2019s (for acquisition of ]-visas) and I-20s (for acquisition ofF-visas) via FedEx-a necessity if our foreign scholars are to receive immigration documents in time to select Southern as their institution of choice. As numbers of each cohort continue to increase, expenses will as well. 3. Space The recent relocation of the former ISS office to Engleman B 116 has brought two branches of international into one building on cainpus, but it was not the ideal strategy in terms of our ability to retain future F-1 students-the focus of Southern's International Recruitment and Retention Working Group, led by Kim Crone. In terms of oversight, collaboration, and general day-to-day support - all of which are critical for student retention- the office is not realizing its potential by having OlE staff housed in two separate offices.

In addition, office space in EN B 129 is shared, which means that two or more students can be receiving advising from two OlE advisors at the same time in a single small- to medium-sized office space. Sensitive information is routinely discussed with students: financial planning for study abroad, grade point average, or non-academic (and often very personal) concerns about studying abroad that students might be hesitant to voice with others nearby. This makes advising a challenge. Such a lack of privacy is not in the best interest of our students.

D. Comparing SCSU's OlE to its sister offices at other CSU institutions: Since 2012, Southern's OlE has celebrated outstanding successes. Most notably, the office has seen a 25% increase in study abroad participation, with even greater participation anticipated for 2014 (based on long-term study abroad applications submitted for Spring and Fall and Summer Program Abroad sign-up lists). Our Faculty-Led Spring Break and Summer Program offerings for 2014 have seen a 40% increase, with Jamaica, Brazil, Armenia, and a re-envisioned China Program joining the seven existing programs. There has likewise been a 40% increase in reciprocal exchange partner universities abroad (exchange offering the most affordable study abroad option for students). Following a rigorous application process, the office established National Student Exchange (NSE) as a first "study away" experience for students unable, or not yet prepared, to study abroad. Finally, the University's J-1 Visa Visiting Scholar Program was reinvigorated, with fifteen internationalJ-1 Visiting Scholars having visited Southern during the 2012-2013

academic year (a program Southern nearly lost in 2011 due the University's low numbers ofJ-1 Visiting Scholars). The office has data for F-1 international students on the SEVIS system and spreadsheets. Currently, there are 70 international students on campus. The staffing at CCSU's international office is four times that of Southern's and Eastern's. Currently Central's number of outbound study abroad students exceeds Southern's; however, Southern's number of long-term (semester- or year-long) study abroad students is greater since the majority of Central's students participate in short-term faculty led programs (2-4 weeks). Southern does not have an English as a Second Language (ESL) program, which can be credited at least in part with an increase in enrollment of F-1 students at CCSU. In 2012, Dr. Elena Schmitt (WLL), Dr. Erin Heidkamp (OIE), and Dr. Samuel Andoh (MBA) developed an ESL program proposal, initially envisioned as a bridge program into the MBA Program. The proposed budget was conservative--one full-time director and one UA to organize and develop, and adjuncts to teach ESL courses. However, the program was seen as too costly and the return too uncertain. Supporters of the program are confident, however, that because of the substantial demand, and because of Southern's prime location, providing an ESL option to Southern's prospective F-1 students will sharply increase our F-1 enrollment, making the investment a sensible one. Southern's International Recruitment and Retention Working Group is currently exploring recruitment strategies to increase F-1 enrollment. Supporting the establishment of an ESL program would be a tremendous draw and could (potentially) eliminate the need to fund costly recruitment efforts both online and abroad. The plan has been developed; we simply need to support the investment. With projections of an even sharper increase of students from China, Brazil, and other countries applying to US universities, Southern needs to commit to providing the services these students are looking for if the University is to be competitive. It has been suggested that faculty who teach in the ESL program could also support the improvement of writing among our general education undergraduate and graduate students if such faculty have the expertise - as this is a major need, as well, for students not strong in standard English or English composition. Southern's OIE underwent a significant organizational overhaul since 2012, something the other CSU international offices have not experienced. (The statistics above indicate that the office has been successful in its effort to expand its programs despite particularly the workload challenges that have come with it. Sustaining this level of growth - even

harder, building upon it- with short staffing, an office split into two spaces, and a slim budget will be an even greater challenge. These things considered, the OlE has accomplished a lot in the last two years, and in terms of our programs and services, the office is gaining ground rapidly. The office is in need of the support of the University to sustain this growth and to position itself for the substantial increase in international enrollment that the U.S. will see in the next decade and anticipated as a strategic goal by the university. E. Procedures for accommodating visiting researchers, students and faculty who may have funding from their country: Southern currendy has no housing for J-1 Visiting Scholars (faculty, researchers). While international students, both F-1 and exchange, can readily secure on-campus housing, faculty are not able to--BOR policy, to our understanding. Housing Director Rob Demezzo has been incredibly helpful in emergency situations where the office has had to find temporary housing for visiting faculty, but as a rule, faculty do not have access to this resource. Locating accommodations has been a constant issue for visiting faculty and the OlE, as our office simply does not have the resources to perform housing searches or execute housing contracts on their behalf (the staff offers to help wherever possible, such as providing access to online housing portals and helping to connect scholars with real estate agents, but housing searches are labor-intensive and not typically handled by international offices). The office staff is hopeful that Southern will eventually support an international house for international students and faculty, or a complex in the area where such accommodations could be made. This would facilitate the establishment of 1:1 faculty exchanges, one of the OlE's goals for 2014. II.

Office of Diversity and Equity

The Office of Diversity and Equity "is responsible for diversity and equity compliance initiatives and programs at Southern Connecticut State University ... [and] provide[s} support and advice to all university offices on recruitment and retention issues, sexual harassment prevention training, diversity, discrimination and harassment, the Americans with Disabilities Act, and Tide IX." While this office is intended to specifically address legal equity concerns, it would be beneficial to have resources for helping faculty navigate difficult minority and other protected class issues or breaches in ways that they do not have to put forward formal grievances or suits. This function could take place as a part of this office, perhaps, or as a separate function - perhaps as an ombudsman position. In addition, one member of the President's Cabinet currendy staffs this office. It would be beneficial for there to be more than one individual whose duties focus upon these issues to ensure a 7

diversity of perspective and a broader range of people who can be available to faculty, staff, and students with sensitive issues regarding race/ ethnicity/international status. Lastly, it would be worthwhile for the purview of the office and all policies and procedures related to this office be reviewed in order to assess whether they are fully adequate for SCSU's needs at this time, and how they might be better allotted, crafted, and implemented. This may be occurring as a function of this current Commission but, it may not be as targeted an effort as necessary. III.

Minority Recruitment and Retention Program & Committee

The Minority Recruitment and Retention Program is a program contained in the CSU-AAUP Collective Bargaining Agreement under Article 3 Non-Discrimination, Affirmative Action, and Sexual Harassment. Article 3.4 Minority Recruitment and Retention Program "recognizes the compelling and continuing need to recruit and retain bargaining unit members who are member of minority and other protected groups." Thus, this "affirmative action" program has been developed "for the purpose of increasing the number of such full-time members." Per Article 3.4.1, a Minority Recruitment and Retention Committee (MRRC) is appointed by SCSU's President in consultation with "the Director of Affirmative Action" and "at least two committee members shall be members of minority or other protected groups." Per Article e.4.2, the committee's charge is to assist "search committee to recruit members of minorities and other protected groups who are least represented in the bargaining unit ranks," and to help retain such members by assisting with travel, mentoring, credential acquisition, etc., one load credit per semester can be provided to a faculty member who mentors a minority or other protected class faculty member. Direct support can be provided by the university to minority or other protected class individuals for obtaining credentials or qualification, but such must be part of a written agreement with approval of the President and Chancellor with a copy sent to the AAUP. The MRRC receives funds at the rate of "0.013 times the biweekly payroll for that pay period including April15 of the previous year" per Article 12.10.3 and can use these for "any incidental expenses directly related to recruiting, assisting, and retaining minority full time members until the final tenure decision" as per Article 3.4.4. The Current MRRC is a body of 11 members, 9 of whom are minorities according to EEOC categories and including the Ex-Officio Director of the Office of Diversity and Equity. To date, the MRRC has primarily supported minority faculty (not those of other protected groups) with funds for moving expenses, travel to conferences, development of campus-wide events, and research and development of creative and scholarly works. In the past five years, the committee has received roughly 5-8 applications annually. In 2012-2013, the committee held a workshop for staff, deans, and department chairs on recruiting minority candidates with a focus on recruiting from Historically Black and Hispanic Colleges and Universities, which was very well attended and received.

IV.

SCSU Fact Book

SCSU's most comprehensive data set regarding race and ethnicity is its "Fact Book"- a compilation of data between 2004 and 2014 relating to admissions, enrollment patterns, student characteristics, faculty/ staff, degrees conferred. Department and university profiles are also available. These data are provided by SCSU to the federal government as part of the national Integrated Postsecondary Education Data System (IPEDS) Survey and the Fact Book is developed and maintained by the Office of Institutional Research. Data on faculty and for all other full-time positions by race and ethnicity are located in Appendix A. Data on student enrollment are located in Appendix B. Data on international students are located in Appendix C. In addition, the university provides race and ethnicity data for students via the Common Data Set (http:/ /www.southernct.edu/ offices/management/ commondataset.html). This resource is developed by institutions of higher education in conjunction with publishers such as the College Board, Petersons, and U.S. News & World Report so that students have comparable information as they seek a postsecondary education. Minimal information regarding race/ ethnicity is provided here (student enrollments) and no information on international students. These data are also provided and maintained by the Office of Institutional Research. The Office of Diversity and Equity's 2013 Affirmative Action Plan was also included, which offers an Organizational Analysis of positions throughout SCSU by title and salary/ salary range and a Workforce Analysis of positions throughout SCSU by race/ ethnicity and sex. In this document, White, Black, Hispanic, and Other are the racial/ethnic categories used. We assume that Asian is included in the Other category. The report does not indicate where the data derived. Information from these sources, and in particular, the SCSU Fact Book from which the data in Appendices A-C was used, is included in this report. The data reported from these three sources seem to differ somewhat on similar categories and are not advanced in ways that make them easily comparable. Consider, for example, the data provided in the Common Data Set and the SCSU Fact Book for 2013. White

CDS

8257

4985

1277

940

American Indian/Alaska Native 20

Fact Book

7016

4232

1079

811

2013

Total

Black

Hispanic/Latino

Asian

Native

Two+ Races

Race/Ethnicity Unknown

Non Resident Alien

199

Hawaiian/Pacific Islander 3

194

607

N/A

168

176

501

Minority Percentage

32.1%

Of interest, as well, is the fact that our 2013 data show the student body as roughly 32% comprised of minority individuals, while the faculty body has only 18% full time minority faculty (race/ ethnicity for part time faculty are riot calculated). There is also data on the race/ ethnicity of

full time and part time staff, but these numbers are not calculated into a percentage. The Affirmative Action Plan numbers are, likewise, differently calculated. In general, it would be useful to explore ways to gather more robust and accurate data about the race/ ethnicity and international status of faculty, staff, and students. It might be advisable to gather these data in terms of EEOC categories as well as more detailed self-reported categories so as to be able to target resources and services.

III. SCSU Peer Institutions Southern has adopted a group of peer institutions to use for various comparisons and benchmarking. Southern's peer institutions were most recently reviewed and approved by the CSUS Board of Trustees in 2005. In choosing our peer institutions, the following criteria were considered:

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Public institution Public institution Carnegie classification Size of student body Number of full-time faculty Degree of urbanization, location Full-time, part-time student ratios Per student expenditure Six-year graduation rate SAT scores Graduate programs, including doctoral program The ten (1 0) peer institutions represent a range on these characteristics to provide some "aspirational" schools, as well as schools that are very similar to us. What follows is a list of how SCSU compares with its peer institutions and the types of noteworthy programs, committees/ councils, etc. that are found at each. It is important to note that this is not an exhaustive list and that the information is based on what was available on each university's website (See Table 1). Peer institutions vary in their locations encompassing several different regions of the country. Similarly, their student bodies are diverse, but do not match up exactly with the underrepresented minority and international students. The same is also true for faculty at the various institutions. In some instances, peer institutions are part of a larger system of schools such as with the University of Wisconsin and the California State University system. Finally, it is important to mention that the resources, services, and budgets available to each institution can be quite varied as is the case with measures showing an institution's commitment to diversity.

Table 1: Race, Ethnicity, Culture and International Status and Southern Connecticut State University's Peer Institutions Institution

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Southern Connecticut State California State University-Dominguez Hills Kean University Montclair State North Carolina A&T Northern Kentucky State University of West Georgia University of Nebraska, Omaha University of Wisconsin, Oshkosh William Paterson University Youngstown State

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A. California State University-Dominguez Hills T his particular institution brings with it several things that Southern m ay wish to explore. Namely, it has nine research centers, several of which have diversity initiatives or foci: 1

Minors in Ethnic Studies and Judaic Studies, Area Studies in African Studies, Asian Studies, Central and East European and Eurasian Studies, German Studies, and Latin American and Caribbean Studies 2 Africana Studies, Interdisciplinary Studies with concentrations in American Studies, Comparative Cultures, Environmental Studies, and Global Studies 3 M.A. in Multicultural Education 4 Minors in Africana Studies, Chicana/o Studies, Asian-Pacific Studies 5 Africana Studies Collateral Certificate 6 Global Education Center houses study abroad programs, international Student Services Office, and works with international scholars, and visitors and faculty scholars. It also runs programs with an international focus. 7 Minors in Africana Studies, Jewish American Studies, Latin American and Latino Studies 8 Liberal Studies concentration in Africana Studies, international Studies, Race, Class & Culture 9 M.A. in English and African American Literature 10 Minor in Black Studies, Latin American and Caribbean Studies, and Native American Studies 11 Minors in Africana Studies and Latin American Studies 12 Includes a graduate minor in Black Studies 13 African American Studies 14 Africana World Studies Community Social Development

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Center for the Advancement of Diversity in Science and Mathematics Center for the Study of Corporate Governance and Business Ethics Center for Urban Environmental Research Institute for Entrepreneurship, Small Business Development and Global Logistics Institute for the Study of Cultural Diversity and Internationalization Institute for Urban Literacy Research International Education Center Urban Community Research Center Weiss Urban Literacy Center

Given Southern's location in New Haven and the existence of other colleges and universities, it may serve the university and the community to consider a specialized center unique to those of its local counterparts. The proposed center should be one that serves to showcase the university's commitment to diversity through scholarship and research specific to those areas in which the university has shown it does well or in which it has the potential to do so. In addition to its nine research centers, California State University-Dominguez Hills holds cross-cultural retreats across campuses in the area for students, has invited a Tour for Diversity in Medicine on the campus, and other such activities aimed at minority students such as mentoring programs with faculty, mentoring programs for minority students within particular disciplines, etc. Again, these are activities that could easily be implemented on Southern's campus.

B. Kean University (New Jersey) As with California State University, Dominguez Hills, Kean University also has two centers, the Human Rights Institute and Holocaust Resource Center. The university has been recognized for its commitment to diversity. The university has ~n initiative that Southern Connecticut State University may wish to consider adopting - a Diversity Council. With the support of the university's president, this body supports and engages in efforts to educate through "courses, programs, resources, and professional development" (Kean University Diversity Council Mission Statement). Topics range from multicultural issues to those related to human rights, genocide, etc. Noteworthy is the Diversity Council's commitment to diversity with regard to minority group representation in the Council's offices and committees. However, it should also be noted that Kean University's Diversity Council is based in its School of Education and its private and public members are school districts. This may or may not be the kind of structure that Southern should adopt depending on the mandates of the Council.

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C. Montclair State University (New Jersey) Montclair State University clearly outlines the description and role of its President's Commission on Affirmative Action, Equal Opportunity and Diversity. Its mandate provides specific areas of concern or action, including minority and female employment and adherence to the university's implementation of federal laws with regard to affirmative action and equal employment opportunity. The Commission has a very detailed constitution that may serve as a model for Southern Connecticut State University's President's Commission on Campus Climate and Inclusion. Montclair State University's commitment to diversity is easily accessible on its website and is aimed at a general audience as well as parents and guardians of potential students at the university. In doing so, the university's website directs readers to additional information showing its commit;ment to diversity by making clear that services on campus are provided to all students "regardless of race, color, religion, national origin or ancestry, gender, age, marital status, sexual orientation, disabilities, or other non-academic criteria." The Education Trust recognized Montclair State University to be one of the top 25 institutions in the nation for minority graduation increases in 2011. The university has also been recognized as a "Top Degree Producer" among the top 100 institutions that confer the most degrees to minority students in 2011 f?y Diverse Issues Higher Education. It should be noted that California State University-Dominguez Hills holds the honor of 60th for undergraduate degrees and 64th for graduate degrees for the same year.

Finally, Montclair State University has one of the most detailed supplier diversity programs of the peer institutions listed on page 10. Its mission in diversity therefore, is one that clearly extends beyond the academic environment with regard to classroom learning, programs, etc., but includes creating opportunities and conducting business with minority business enterprises, women business enterprises, and small business enterprises which are defined in the following manner:

SBEs are businesses that have no more than 100 permanent employees and their principal place of business in New Jersey. There are three categories of SBEs: Category 1, gross revenues not exceeding $500,000; Category 2, gross revenues not exceeding $5,000,000; and Category 3, gross revenues not exceeding $12,000,000; MBEs are businesses that are 51% owned and operated by African Americans, Asian Americans, Hispanic Americans and Native Americans; WBEs are businesses that are 51% owned and operated by women. (Source: Montclair State University Supplier Diversity Program, http: / / www.montclair.edu/finance-andtrcasu ry /procurement/ ~upplier-divcrsity-program / )

As is the case with several other institutions, Montclair State University also has several institutes on its campus including the African American Studies Institute that appears to be housed within the African American Studies Program.

D. North Carolina A & T North Carolina A & T as a peer institution had as one of its initiatives on its 2010-2011 strategic plan, "the recruitment and retention of top quality faculty, staff and students in a customer-focused partnership with key stakeholders." In 2011, it hired a new president, an African American woman as part of its goal to "recruit quality senior-level administrators" yet its six hires during this same period were found in only three departments and all but two who were hired at the associate professor level, were assistant professors. Unfortunately, what this shows is that there continues to be a trend at this institution and at others for the hiring of assistant professors rather than those at the associate or full professor ranks. The increased number of hires at this level makes it difficult for some departments, including those at Southern to conduct business without overburdening some faculty while trying to protect and retain those who have are newly hired. It is unclear whether the faculty hired were underrepresented minority faculty who are oftentimes found in small numbers and the most needed population when trying to raise the graduation levels of underrepresented minority students, particularly those who are African American males.

E. Northern Kentucky University The university has a Diversity Task force to determine where it might improve diversity efforts for the campus. After forming its Arts & Sciences Diversity Committee, the faculty and staff took the university's goals of diversity and applied them to the College. They prepared a video to show what they are working at to prepare students and educate them on diversity on campus, community, and in the world. Northern Kentucky University is one of the universities to offer students with academic promise and ability to enhance multicultural and socioeconomic diversity the Chase Law Diversity Award sponsored by the Toyota Diversity Scholarship established by the Toyota Motor Engineering & Manufacturing North America, Inc. In 2011, the recipient was an international student from Latvia. In 2013, a graduating minority law student from Chase Law School received the Northern Kentucky Bar Foundation NAACP Diversity Scholarship to aid him in preparing for his bar exams. Although Southern has no law school, an award for a minority or international student should be a priority for the future, particularly, giving the financial struggles students face with increasing tuition, fees, books, and other costs associated with attending the university. In Fall of 2014, the university will begin offering a new scholarship to 14

international students. A review of Southern Connecticut State University's awards and scholarships for minority and international students is located in elsewhere in this report.

F. State University ofWest Georgia With its Center for Diversity and Inclusion, State University of West Georgia serves as a model for communicating its programs via its brochure. The brochure not only includes information on what are "signature programs" which include the following:

The Multicultural Conversation Series: Provides a forum where various members of the University ofWest Georgia Community can share their cultural backgrounds and experiences. This takes place in an informal setting. Multicultural Book Discussion: Designed to promote intercultural communication, education and awareness through the reading of various books about the cultures that are represented at the University ofWest Georgia. Multicultural Seminars and Workshops: Designed to help promote intercultural education by providing a setting in which the various participants can learn and study about a particular issue related to multiculturalism in some detail. Community Partnership Initiative: The purpose of this program is to partner with groups in the local and metro Atlanta areas to expose students and others to diverse cultural expenences. Multicultural Festival: The Center for Diversity and Inclusion in collaboration with various offices and groups at the University of West Georgia will host "The Multicultural Festival". This event will be an outdoors activity consisting of cultural di_splays, entertainment and food, and vendors from the surrounding communities . Fair Trade Coffee Tasting: Fair Trade is an organized social movement and market-based approach that aims to help producers in developing countries promote sustainability. Did you know the average consumption of coffee in the US is 3.1 cups a day? The Center for Diversity and Inclusion will host yearly in November, a coffee tasting event to educate the university community about the Fair Trade coffee industry. Mix It Up Lunch Challenge: In November, The Center for Diversity and Inclusion will co-sponsor the annual "Mix It Up at Lunch Challenge!" This event was initiated November 2002, by the Southern Poverty Law Center (SPLC) through its activism center, Tolerance.org. It is dedicated to dismantling bigotry, valuing diversity, and promoting understanding and acceptance. 15

In addition, there is the university's Black Culture Center, cultural heritage celebrations (African American Heritage/Black History Month, Latina/Hispanic Heritage, Asian American Heritage, Native American Heritage, and Women's History Month), and Multicultural Achievement Program. The goal of the Multicultural Achievement Program is to see a 100% graduation rate among its minority student population. The university, thus, acknowledges that the rate of graduation among minority students is a priority. Similarly, Northern Kentucky University which is mentioned above, exhibits a related commitment in its efforts to develop an institute to assist minority students who are not graduating at the same rate as their non-minority peers as noted in the document found on the link h ttp://gened.nlll.edu / content/ dam /gencd/ docs/HighltnpactP.racand t uccessPropo al.pd f. The University of West Georgia's Multicultural Achievement program uses a mentoring program, academic advisement, study skill sessions, academic monitoring and career exploration to assist its targeted student population. This is a model that Southern should consider exploring which would be of little to no additional cost to the university. This university is only one of a few that clearly listed historically underrepresented minority scholarship opportunities on its Office of Financial Aid website. Its dedication to supporting minority student graduation rates is further evidenced in its very unique program for second year students titled, MP2U (More Power to Yau: The Second Year Experience for Minority Students program). Through one-on-one advising, exploration of majors, and self-awareness, minority students learn how to navigate successfully the college experience.

G. University of Nebraska at Omaha The University of Nebraska at Omaha has a diversity action plan and a list of its diversity resources that are easily accessible on its university's website. These resources include the American Multicultural Student Agency, Black Studies Department, International Studies and Programs, Native American Studies, Office of Diversity, Office of Latina/Latin American Studies (OILAS), Office of Multicultural Affairs, and Project Achieve. It is evident that the university capitalizes on its various academic departments and programs and its many offices focusing on diversity to assist its university in achieving knowledge of and providing courses, programs, and services for its diverse student population. University of Nebraska at Omaha notes the salience of diversity and the need for students to have their own "space" in which to meet and organize. As a result, its five separate student agencies -American Multicultural Students, Gender and Sexual Orientation, International Student Services, Network for Disability Awareness, and Women's Resource Center- each have their own spaces Within the Student Government Office. Southern Connecticut State University has not yet addressed this, but it should be part of the discussion around addressing concerns for various populations.

H. University of Wisconsin, Oshkosh Of all of the universities listed among Southern Connecticut State University's peer institutions, the University of Wisconsin, Oshkosh has the most extensive set of activities and programs supporting racial, ethnic, cultural, and international status diversity. For instance, the university has many of the offices that are at other campuses, but go beyond brick and mortar offices to having instituted diversity initiatives for students of color. The Multicultural Education Center, Office of International Education, and Center for Academic Support and Diversity are three of the offices that are dedicated to diversity. Furthermore the institution's focus on success for students of color are indicated in its "Diversity Initiative-COLS Gateway Success for Students of Color" document which outlines the purpose of the initiative, the groups (students, faculty, departments) involved and their roles in moving students towards graduation in five years. In addition, the institution has a number of diversity resources within the Center for Academic Support and Diversity including The Office of Equity and Affirmative Action, Gender Equity Council, Inclusive Excellence Council, Native American Student Services, and Race and Ethnicity Council. It is noteworthy to mention that the university offers an undergraduate minority student retention grant.

I. William Paterson University (New Jersey) As one of the institutions that offers a Student Success Plan, this document has goals that includes diversity of campus body. As with other similar plans found at other institutions, this one neglects to focus on the need for minority faculty and staff. Outside of the host of information for international students and scholars and for faculty interested in studying abroad available on its Center for International Education webpage, William Paterson University has fewer areas mentioned in the table on page 10 than do some of its counterparts. This was surprising given the diversity of the state and region in which it is located. Its Academic Advising Center has a page on Diversity Internet Resources but this is not as informative as some sources found at other institutions on the peer institutions list.

J. Youngstown State University (Ohio) The Office of Diversity and Multicultural Affairs (DMA) at Youngstown State University provides one of the broadest swaths of coverage with regard to initiatives, programs, and office directives. The DMA does what Southern's Office of Diversity & Equity does but with a much broader stroke in that it is the central place for information and activities on the campus. In essence, it is a combination the Office of Student Affairs, Office of Diversity & Equity and the Multicultural Center at Southern and its reach and impact is massive and

impressive. Its Diversity Council is broadly inclusive. Southern Connecticut State University may want to consider this type of structure in order to address more effectively the needs of its diverse student population.

IV. Connecticut State Universities' Enrollment Statistics Enrollment Statistics from the Connecticut State Universities was provided by the Office of Financial Aid & Scholarships at Southern Connecticut State University. The 2013 data found in this source includes enrollment statistics of all Connecticut State Universities per their websites and the CSU system website. (See Appendix D) Per the data in Appendix D, it is not easy to compare institutions because of the way in which the data is reported for each campus. Yet, some interesting trends appear. Namely, the undergraduate population at Central Connecticut State University is almost equally split by gender whereas at Southern Connecticut State University, 60% of the students are female and 40% are male. This could be due to the available majors at each institution. As one of the three largest cities in the state, New Haven is much more diverse than New Britain, Danbury, or Willimantic, thus, it is not surprising that Southern Connecticut State University has a more racially/ ethnically diverse campus than do Central, Eastern, or Western. Unfortunately, graduation rates, retention of international students and historically underrepresented minority students is not included in the data found in Appendix D. It would be helpful for Southern to provide a clearer discussion in its reports of graduation rates, transfer rates, etc. of international students and underrepresented minority students by gender and full-time status in order to develop programs that can assist in the degree completion rates of these students.

V. Student Clubs and Organizations Information for several of the active student dubs/organizations activities that fall under the areas covered by the RECIS subcommittee for the 2013-2014 academic year are an important part of assessing the university's commitment to diversity and support for diversity by the university population and (where applicable) the community at-large. The activities for various organizations are both numerous and varied. It is important to point out that students are advised by faculty or staff and that many of the activities may be recurring from year-to-year while others are new programs or initiatives. Many of the long-standing activities sponsored by student clubs and organi~atiorts have been very successful over the year (i.e., Noche da Gala, Chinese New Year celebration, etc.) A list of all activities as reported in the clubs and organizations' reports are in Appendix E.

The active clubs included in Appendix E are the Black Student Union, Chinese Club, Organization for Latin American Students, and National Association for Colored People. The West Indian Society's report was not available at the time of this report.

VI. Multicultural Center Southern Connecticut State University's Multicultural Center has for many years served as the focal point for multicultural activities on campus. The programs and activities offered through the Multicultural Center run at various times during the academic year. During those months when the history and contributions of various groups (i.e., Black History Month, Hispanic Heritage Month, etc.) are recognized, the Multicultural Center may have increased activities focusing on these groups. Below is a list of activities from 2012-2013 and 2013-2014 academic years sponsored by the Multicultural Center. Where applicable, any cancelled program or activities regardless of the reason are noted. A description and date of each activity has been included. Meetings of the Multicultural Center Advisory Board that take place in the Multicultural Center are included.

Multicultural Center Diversity Programs 2012-2013 Beyond Diversity Presentation: "Understanding Social Justice and Service In Order To Create An Inclusive Campus Community''

An interactive and collaborative session fostering dialogue between students on issues ifpover'!J, diversity, homelessness and equality. Students will be challenged to create their own S eroice Learning Projects and gain a deeper understanding if Social Justice Issues. Exhibit: Art with Words. The Art of making art with Words- Sept 3'd- October 26ch, 2012

Solo exhibition if Gabrielle L McLemore, Ph.D. featuring unique drawings and Afro-centric sterling silver and semi-precious gemstone jewelry inspired f?y the artist's deep love ifAfrican American culture. Fiesta Latina 2012 presents Son 7 Sept 17th, 2012

In celebration ifHispanic Hentage Month,join Son 7, a seven-piece band will takeyou back to the dqys if Hector Lavoe and bringyou forward to the sounds if Coldplqy with their unique salsa rendition if Clocks. A great combination ifLatin Rock and Salsa. Exhibit reception: Art with Words- Sept 27'h, 2012

"Art with words'~ The Art if Gabn'elle L McLemore, PH.D opening reception. Dr. McLemore, the artist, discusses her unique drawings and Afro-centn'cjewelry following a small in-depth group discussion following the reception. The Dance Experience: Hispanic Heritage Edition- October 2nd, 2012 19

uarn cultural dances with an upbeat twist! We 'II provide great music asyou learn how to Sa/sa, Meringue, and Mambo with Felix.

Mid-Autumn Festival Celebration- October 2"d, 2012 Join the celebration of Chinese traditions. uarn about this cultural event, CI!JOy music, try some moon cakes. Q & A and more to follow.

Marley: Screening of the Iconic Reggae Superstar Bob Marley- October 9th, 2012 A documentary on the lift, music, and legary of Bob Mariry. Bob Mariry's universal appeal, impact on music history and role as a social and politicalprophet is both unique and unparalleled. The definitive life story of the musician, revolutionary, and legend, from his early days to his rise to international super-stardom.

Out of Work Documentary- October 111\2012 In honor ofNational Coming out Dqy, please join us as we view the documentary Out of Work. A documentary that illustrates what happens when LGBTpeople are not legalfy protectedfrom emplqyment discrimination.

3ro Annual Latin Film Festival-El Color de Ia Guayaba- October 41\ 2012 Join us as we preview the documentary El Color de Ia

Guqyaba~

3rd Annual Latin Film Festival- Canela- October 111\ 2012 Join us as we view the documentary Cane/a- Cinnamon and meet our special guests Director Jordi Manscal.

FagBug: A young woman's journey across the country to fight hate- October 15 1\ 2012 Producer ofthe award winning documentary FagBug,join us as Erin Davies recounts her story of being a victim of a vicious hate crime which led to her 58-dqy cross-country trip around the country evoking the public in a dialogue about homophobia.

4th Annual Empowering Lives: Celebrating the accomplishments of Hispanics and LatinosOctober 22"d, 2012 Join us as we celebrate Hispanic Hen"tage Month with Latin Dishes, lift peiformances b SCSU students, and Honorable Associate Justice Bethzaida Sanabna- Vega dzscussing the Dream Act and sharing her story.

Multicultural Advisory Board meetings: October 51\ 2012: Organizations expectations for the semester October 19 1\ 2012: Collaborative programs within the organizations November 16 1\ 2012: Upcoming events and Heritage Ball2013 November 30th, 2012: Spring 2013 programs & events and Semester reflection 20

Women of Power Interest Meeting- November 14 @ 7:30 PM Don't Miss It! On opportunity to mentor women of color. If you are interested in reaching out and impacting the Greater New Haven community through mentoring and you are a Freshman or a sophomore student, join us for an informational meeting to help support New Haven high school girls. KING: A celebration in Honor of Rev. Dr. Martin Luther King Jr. -January 30t\ 2013 Come celebrate the life and legary ofthe honorable Dr. Martin Luther King Jr. as we host a dqy of celebration with Hamden Mqyor Scott Jackson who wi// speak on The Role ofMedia Images in the Questfor Equaliry. 'In addition to Mqyor Scott Jackson, there wi// be a peiformance f?y professional monologist Tif!a'!Y Bailry who wi//portrqy Coretta Scott King in a monologue about her husband,fami!J and the fight for civtl rights. The program wi// conclude with an energetic, electrijjingpeiformance f?y the ever-popular and c!Jmamic SCSU Steppin' Up Dri// Team. Black in America- February 6t\ 2013 Who defines who is Black in America? What does being Black even mean? Join us as we view short segments ofthe Who is Black in America documentary ry CNN :5' Soledad 0 'Brien and conduct a student led panel discussion about the topic. The event wi// be facilitated f?y Dr. Madison. Red Tails film showing- February 11th & 121\ 2013 (Cancelled) An American warfilm based on the real life events ofthe Tuskegee Airmen. This movie is a high-flying air combat action warfilm that details the lives of a group ofAfrican American United States Atmy Air Force servicemen during World War II. Mrican American Male Initiative Program: February 19, 2013 On opportunity in which 12 eight grade males from Harlem, New York were invited to campus to meet with our students and gain positive insights in to the college life and the University. SCSU students leaders welcomed and met with the students as well as they received a tour of the campus.

An American Story: Defining Your individual Success- February zorh, 2013 Dr. Grqy is a celebriry entrepreneur, philanthropist, best-se//ing author, and a !Jndicated columnist. He grew up in the impoverished south side of Chicago but defied the odds and became a se!f-made mi//ionaire ry the age of 14. In his rise from poverry to national and internationalprominence, Dr. Grqy has inspired mil/ions around the world and has become the ultimate American success story. join us as he helpsyou to break the success myth and challengeyou to define your own individual success. Black History Month Luncheon- February 21"\ 2013 Celebrate the essence ofBlack culture with delicious cuisine such as BBQ pulledpork sandwiches, Caribbean Rice and Beans, sweet potato and roasted corn soup, pineapple upside down cake and much more.

Caribbean Vibe Steel Drum band- February 21"', 2013 Ef!}f!Y Caribbean Vibe S tee! Drum with music from the Islands. Relax to their signature blend of Caribbean cafypso, reggae, Latin and Pan Drum Music; it's a delight and satisfaction for all music lovers.

Bad Friday: Rasafari After Coral Gardens- February 27'\ 2013 B.A.D Fridqy focuses on a communi(} of Rastcifarians in western Jamaica who annualfy commemorate the 1963 Coral Gardens '~1tctdent': a moment just cifter independence when the Jamaican government rounded up, jailed and tortured hundreds of Rastcifarians. It chronicles the history of violence in Jamaica through the eye-s of this iconic communi(}.

More than U.S: Cultural Explosion in American Art Exhibit -March 1, 2013-April22, 2013 More than U.S. is an exhibition that celebrates the diversity and multiplicity of American creativity and bridges the gap between the arts of the past and the contemporary world. Students in Art 302: History of Art of the United States together with Professor Noelle King created an exhibition that celebrates American Art. More than U.S. reveals the importance of past and present cultures and artistic practices that make up the history of American Art.

Women in S.T.E.M panel- March 5th, 2013 (Cancelled) Be inspired. Come learn about the careers of each of these extraordinary women at the 2013 Women in Science paneL Discover how they decided upon their areas ofinterests, how they overcame obstacles, and how they arrived at their current positions. (Tentative)

Heritage Ball2013- March 14'\ 2013 (Cancelled) Join the SCSU ethnic organizations for a night of elegance as they celebrate their cultures and heritage with speeches, awards, food, music and dance. All are welcomed!

Anatomy of Hate: Lecture and Discussion March 19th, 2013 The Anatomy of Hate: A Dialogue to Hope" is a documentary that takes the audience on a journey of sorts into the depths of hate, but returns everyone to a place where good conversation can begin and then continue for days and weeks after.

Women's Appreciation Day- April4'\ 2013 A dqy dedicated in honoring women who work to improve their lives and the lives of others. Join us as students are honoredfor their academic as well as their leadership skills. In addition,join Keynote speaker Lekeesha MillerJackson as she discusses her triumphs and obstacles as a women of color.

Multicultural Center Diversity Programs 2013-2014 Multicultural & International Welcome Reception- Thursday, September _sth 2013

In collaboration with welcome week! First Annual Multicultural Center and International Welcome Reception.

National Hispanic Heritage Month Events- September 15" to October 1Sh 2013 These events help to recognize and celebrate the histories, cultures, and contributions ofAmerican citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America. Celebrate with us as we honor Hispanics with plenty of events throughout the month.

Fiesta Latina presents: Zumba! - Monday, September 1rf' 2013 Ditch the workout, join the par!J! Help us celebrate NationalHispanic Heritage Month with afun evening of Zumba.

Mid-Autumn Festival Celebration 20U- Thursday, September 1!/' 2013 Join the Multicultural Center and the Chinese Student club in celebrating the Mid-Autumn FestivaL Come learn about this cultural event, Chinese culture and try a moon cake. There wtil also be great prizes and a video clip showing ofthemoon)tstivaL

5th Annual Empowering Lives- Monday, September 3Uh 2013

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Join us as we continue to celebrate National Hispanic Heritage Month with the 5th Annual Empowering Lives program )tatun'ng Connecticut Supreme Court Justice Honorable Carmen Elisa Espinosa who will sen;e as the krynote speaker. There will be tas!J Latin dishes and live entertainment I?J our SCSU students.

Not made in China- A Remix- Mid-September to the end of the Fall Semester The students ofArt 311 01W with Prof Noelle King and SCSUj- Student Art League Club have collaborated on an exhibition "(Not) Made in China" view from mid-September to the end of the fall semester in the Multicultural Center's Gallery.

Stand Your Ground Law ... Who Does it Apply to?-Monday, October 7h 2013 Join us as we hearfrom Dr. Madison, History Department pro)tssor and Mr. Goldie Adele J.D., SCSU Director of Disabili!J Resource Center as thry discuss what the standyour ground law means and its ejfect on our socie!J.

"Girl Rising" Film Screening-Tuesday, October 15th and Thursday, October 17th 2013 The film Girl Rising spotlights the strength of the human spirit and the power of education I?J following nine girls from nine countries in their quest to tran.iform their lives. Their stories will touchyou, teachyou, inspireyou, and change you.

Is Racial Identity Still an Obligation?- Wednesday, October 1tJh2013 WID' do we still identijj ourselves through race? Who dpnes the races we belong to? Join us as we conduct a student ledforum with SCSU Black Student Union, SCSU NAACP, UNH's Black Student Union, Yale's Black Student Alliance and UCONN's NAACP. 23

"When Billy Broke His Head" Film Screening- Friday, October 2sY' and Tuesday, November 1?2013 "This ain't exact!Jyour inspirational cnpple story." This film is told with ''biting humor, {and a] no-apologies look at the true and utifiltered experiences ofAmericans with disabilities {that} goes straight to the source -and straight to the heart. Expressions of Social Justice Talent Show- Wednesday, November 1.Jh 2013 Join us for afun night in entertainment as S CSU students express the meaning of Social Justice through their ma'!Y different peiformances Hosted f?y MC Slay and DJfire. Other- Tuesday, November 19h 2013 Join us as we discuss "OTHER", an art show based on individualiry, uniry, and harmof!Y. You, Your Society, and Your World- Thursday, November 2r' 2013 Join us for a discussion about stereo!J!Pes in our sociery and whatyou can do about them. Accelerated Nursing Program Exploration-Monday,Janua.ty 27h 2014 Join the SCSU's Multicultural Center, SCSU's School ofNursing and the NAACP as we learn about the accelerated nursingprogram offered at the universiry. Meet and Greet with Dr. LaFayette- Wednesday, Janua.ty 29h 2014 Student leaders on campus are invited to meet and greet with Dr. LaFC!Jefte, krynote speaker at the 2014 MLK Celebration. Dr. Martin Luther King Jr. Day Celebration- Wednesday,Janua.ty 2!Jh 2014 Join us as we commemorate the life and legary of Dr. Martin Luther King Jr. with our krynote speaker, Dr. Bernard LaFC!]ette, along with peiformances f?y the winners ofthe Expressions ofSocial Justice Talent Show, Jamaal Sancho and Rachel Polansky, New Haven Uniry Bqys Choir and SCSU's very own Aifza Dance Compaf!Y. 42: The Story of a True American Legend-Tuesday, February 4 1h 2014 Join us as we watch the historical sports drama 42, where the first Black mqjor league baseballplayer, Jackie Robinson is signed onto the Brook!Jn Dodgers. Chinese New Year Celebration: The Year of the Horse- Wednesday, Febma.ty sY'2014 Come celebrate with us as we enjqy a show from Amiry Chinese HonorSociery, traditionalfood, calligrap0', handcrcifts, singing, and red envelopes as gifts. Kingian Non-violence Training Info-Session-Monday, Februa.ty 1tf'2014 24

Come Learn more about the Kingian Nonviolence training at the two i1ifo sessions. First Generation- Monday, February 1tf' and Tuesday, February 1fh2014 NanrJted qy Golden Globe Nominee Blair Undewood, First Generation tells the story offour high school studentsan inner ci!J athlete, a small town waitress, a Samoan wanior dancer, and the daughter ofmigrantfield-workers, who set out to break the rycle ofpoverry and bring hope to theirfamilies and communities qy pursuing a college education. Heart Health Fair 2014- Wednesday, February 1Zh2014 Join us as we table at the Heart Health Fair as we explore the idea and current state of interracial relationships. The Strong, the Bold & the Beautiful: Celebrating the Art of Healthy Hair- Wednesday, February 1~2014 Join us for an evening all about hair, as we share tips products, and e:>.periences! Topics include retaining hair length, hair care, protective styles, detoxification, and more! There will be giveawqys of boc!y & hair care products so this is the one eventyou do not want to miss!!! "Dark Girls" Documentary Screening -Wednesday, February 1!/h 2014 Join us as we screen the criticallY acclaimedfilm, Dark Girls. This film investigates the issue of colorism, se!festeem, and the complicated relationship some black women have with their complexion. Discussion followed cifter screening. Revisiting the Color Line- Wednesday, February 1!Jh 2014 Join us as we revisit the color line and investigate if race is still an issue in our modem world. Explore Turkey: Celebrating History and Culture-Monday, February 24h2014 Come celebrate the history and culture ofTurkey! There will be an Ebru demonstration and dishes ofTurkish food to sample. Real Talk Commuter Series: Meet and Greet- Wednesday, February 2dh 2014 Join us at the Multicultural Center, where students will have the opportunity to drop qy and participate in i'!formaf conversations regarding the commuter experience while n!fqyingfree co.ffoe, pastries and donuts Black History Month Luncheon- Thursday, February 2~ 2014 Celebrate the essence of Black culture with delicious cuisine such as Dumplings, Hoppin John, BBQ Chicken, Com bread, Mac & Cheese, Chicken, Friedfish. There wtll be five musicfrom steel drum band, Caribbean Vibe! King Non-Violence Training- Friday, February 2SW and Saturday, March

r 2014

This two dqy workshop teaches the six principles qfKingian Non- Violence as well as the philosophy ofnon-violent social change as applied to a broad spectrum ofindividual, group, institutional and .rystemic conflicts. 25

Real Talk Commuter Series: Work With Us to Enhance the Commuter ExperienceMonday, March 10th 2014 Join us at the Multicultural Center, where studmts will have the opportunity to meet SCSU faculty and staff and discuss some ofthe tn'als and tn'bulationsfacing our commuterpopulation while e'!Jqying a van'ety of multicultural appetizers. Women's Appreciation Ceremony- Thursday, March 21h 2014 Celebrate SCSU women of character, courage, and commitment with us as a tribute to sisterhood in memory of Zannette Lewis. There will be live entertainment and a kry note speaker, LeKeesha Miller-Jackson. Real Talk Commuter Series: Did You Know?- Monday, Apri11~ 2014 Join us at the Multicultural Center, to learn how to navigate SCSU expen'ence wzth ease and comfort. This is an opportunity to share itiformation wzth students on available scholarships, campus history, campus seroices, and more while enjqyingfree ice cream. AAMI Campus Visit- Tuesday, Apri12Z'd 2014 SCSU Multicultural Center will be hosting the New York City's African Amen'can Male Initiative. This group of 8'b grade bqys who will be visiting Southern Connecticut State University and have the opportunity to tour the campus and meet with student leaders. Multicultural Advisory Board meetings with the NAACP student group, Black Student Union, West Indian Society and the Chinese Club: September 6, 2013 September 27, 2013 October 25, 2013 November 22, 2013 January 24, 2014 February 21, 2014 March 7, 2014

Additional Programs Leadership Retreat presentation- January 11'\ 2014 Do you see as I see is a presentation given to student leaders on how th~y perceive people qf dffferent backgrounds than them? The goal qfthe retreat is to learn about acceptance of all people. 26

Diversity vs Socia/ Justice Presentation for Residmce Lfe Student Workers and New resident Advisors January 1O'h, 2014

VII. Funding Opportunities for RECIS Students The RECIS Subcommittee understands the problems financial insecurity may have on the ability of students to attend the university. The Financial Aid & Scholarships Office provides students with guidance when it comes to locating applicable opportunities for funding. The Director of the Financial Aid & Scholarships Office lists diversity scholarships on the office's website. The Southern Connecticut State University Alumni & Foundation Office has eleven scholarship competitions for students who are in need. Those opportunities and those specifically for international students or students of a particular racial/ ethnic heritage are: 1. Diane Smith Drugge Scholarship- Started in 2009, awarded every year since. To be eligible for the scholarship(s), candidates must meet the following criteria: • Be an undergraduate student in good standing enrolled (or to be enrolled) full time in the School of Arts and Sciences at the University, with preference to be given to a student of Haitian heritage; • Demonstrate fmancial need; and • Demonstrate an interest in majoring in English or English literature. From those candidates that meet the criteria cited above, priority consideration will be given to a student of Haitian heritage. The scholarship(s) may be renewed annually to the recipient(s) provided satisfactory academic progress is achieved and provided all criteria above continue to be met. 2. Angelina Porto Memorial Scholarship Fund - The Angelina Porto Memorial Scholarship Fund was founded by Andrew C. Porto in memory of his sister. Angelina was the daughter of Italian immigrants who valued education as the key to a better life - a life not as hard as they experienced with hardships, stresses, and sacrifices. They vowed that their children should experience more opportunities. They provided a home that met the daily necessities and was full of unconditional love and trust. Experiencing a higher education was-a must, no matter. It is requested of the recipients of this scholarship that they someday, when they are financially able, contribute to this fund so that others can benefit as they did. This is not mandatory but would be appreciative gesture. Scholarship Conditions • The student(s) must be a full time undergraduate student as defined by the University. • The student(s) must be majoring in Theater, English Education or Elementary Education. • The student recipient(s) must be of high academic standing. • The student(s) must be a U.S. citizen and first generation in this country (i.e., child of two immigrant parents/single parent) or an immigrant themselves. 27

•

The student(s) contributions to the University and/or the community will also be considered.

3. Maureen L. Bornstein Scholarship Fund- The Maureen L. Bornstein Scholarship Fund was established in 1997 by Maureen L. Bornstein, to assist Education majors attending Southern Connecticut State University. Scholarship Criteria • The student(s) must be majoring in Education. • The student recipient(s) must be of high academic standing. • The student(s) must be a U.S. citizen and first generation in the country (i.e., child of immigrant parents). 4. Gladys and John Soto Endowed Scholarship -This scholarship has consistently awarded. Scholarship Criteria • High school senior(s) matriculating at SCSU will be given first consideration for this scholarship. • Based on academic performance, the student(s) will be eligible to apply for a renewal of the scholarship in subsequent years. • The student(s) must be a full time undergraduate as defined by the University. • Student(s) must be of Hispanic heritage, with preference given to those of Puerto Rican ancestry. • The student recipient(s) must be of high academic standing. • The student(s) must demonstrate financial need. 5. Cone Family Women's Association Endowed Scholarship- This scholarship has been awarded consistently except for 2008. Scholarship Criteria: • The student(s) must be a full-time undergraduate international student in his/her sophomore, junior or senior year, or is an international graduate student as defined by the University. • The student's financial need will be considered. • The student(s) contributions to the University and/ or community will also be considered. • The student recipient(s) must have a grade point average of at least 3.0. 6. Organization of Latin American Students - Started in 2008, awarded each year smce Scholarship Criteria: • Student must be of Hispanic/Latina Heritage. • Awarded to an incoming freshman or current Latino student 7. The Pauline P Schwartz Educational Scholarship Fund (contact: Office of International Education, Aliya Amin Assistant Director)- The fund provides financial support to international students with a variety of needs.

Summary and Recommendations: Office of Diversity and Equity and Options for Addressing Race/Ethnicity /International Status Issues: It would be beneficial to have resources for helping faculty navigate difficult minority and other protected class issues or breaches in ways that they do not have to put forward formal grievances or suits. This function could take place as a part of this office, perhaps, or as a separate function - perhaps as an ombudsman position. It would also be beneficial to staff the office with more than one individual so a diversity of perspective and a broader range of people who are available for discussions on sensitive issues regarding race/ ethnicity/international status. Lastly, it would be worthwhile to assess the full purview, policies, and procedures related to this office, and how they relate to other bodies and efforts, to ensure they are adequate for SCSU's needs at this time, and how they might be better allotted, crafted, and implemented. This may be occurring as a function of this current Commission but a more targeted effort may be necessary. Minority Recruitment and Retention Program & Committee: The committee recommends that the charge of the MRRC be clarified and that more robust efforts to specifically support the university and its departments in their recruitment and retention of faculty from minority and other protected classes be increased. Specifically, it would be worthwhile to consider how the MRRC's monies might be productively used to these ends.

)

International Students and the Services Provided by the Office of International Education at SCSU: Student feedback suggests that second only to the most fundamental immigration services, what students desire most in an international education office is a sense of community-the feeling of having found "a home away from home". Housing all staff and services in one office would give students the opportunity to connect in a meaningful way with more than one or two staff, thus increasing opportunities for students to establish a social network on campus and find friends and mentors who can provide much-needed guidance. It would be a serious oversight to underestimate how critical these relationships are for students whose cultural and ethnic backgrounds often make it a challenge to assimilate, particularly during the first semester in the United States. A positive experience with an international office can be the key to retaining an international student, and they have not settled on an office arrangement that will lead to the best possible outcome. The OIE absolutely needs a single space-a cohesive, unified office where study abroad students, international students, and faculty meet and interact with all staff members on a regular basis. Having ample office space would also provide much-needed privacy during advising sessions. Studying abroad can be one of the most important decisions a student makes during their academic career, and providing a safe environment for students to voice their concerns is crucial if the office is to adequately prepare the university's outbound students and take care of our inbound ones. By themselves, the efforts proposed above to alleviate staffing and budgetary issues will gradually move the office and the university in the direction it wants to go. A single, shared space, however, would give the office greater momentum, and would create the sort of atmosphere that fosters what many staff members feel is currently missing in the OlE. The more staff members present in the

OlE at any one time, the better the services they can provide students. The better the services, the more likely the office will be able to retain the students it has worked so diligently to recruit. There are concerns that regarding how the varied sources of information regarding what is included or excluded may have implications for and impede the ability to make full use of the data on race/ ethnicity and international status. Southern Connecticut State University does not have an ESL program for students who would like to come to the US to learn the English language. The 0 IE staff receives many calls requesting this program but because it does not exist at SCSU, students are referred to universities who do have it, thus, as a university we are sending students and money elsewhere. SCSU needs to offer ESL classes to matriculated students who need them instead of referring them to Gateway or UNH that forces students to pay for classes at two institutions. Most times SCSU professors refer them to the DRO office, which is not a solution. With regard to aiding international students financially, OlE would like to be able to offer international students on-campus jobs and off campus jobs affiliated with the university. It is not easy for international students to get off-campus jobs because they have restrictions. International students have three times the amount of things to do than our domestic students in order to get admitted and enter the US. They have to send their transcripts to an outside agency (that requires money and is time consuming. The OlE would like its staff to conduct transcript evaluations to help speed up the admission process similar to what is occurring at some other universities. It is not always clear to faculty who want to engage in study or research abroad if this is handled by the OlE or the Sponsored Programs and Research Office (SPAR). Information sessions would be helpful in increasing the potential for faculty and graduate students to conduct research abroad.

Scholarships and Funding for RECIS Students: In order to aid international and underrepresented millority students at SCSU, the university should provide more information on funding opportunities for them. For instance, incoming scholarships for international students or helping graduate international students gam admission into their programs early by subtnitting Planned Programs in a timely fashion so they are eligible for funding would be a great financial help. Connecting activities such as International Awareness Week and international festivals between the Office of International Education and Multicultural Center where information can be shared and where students have opportunities to meet.

Data on RECIS Related Topics or Issues: After searching for information on areas relevant to the RECIS Subcommittee's charge, one member surmised, ''We just don't have good centralized data: Not on faculty, not on staff, and not on students ... " As has become clear in recent years, the university and other institutions are data driven. Sound decisions or recommendations are hard to make when data is incomplete, unavailable, or incorrect. 30

When it comes to data collection, the university must be clearer in its decision to acquire, use, and disseminate demographic and other information we need or want to gather and determine how to gather it, and store and make it "usefully retrievable". In general, it would be useful to explore ways to gather more robust and accurate data about the race/ethnicity and international status of faculty, staff, and students. It might be advisable to gather these data in terms of EEOC categories as well as more detailed self-reported categories so as to be able to target resources and services. The committee recotntnends that the university identify and streamline the collection of data on RECIS.

Hiring and Retention of Faculty: The committee recotntnends that the university do more to increase hiring and retention of minority faculty, particularly those in the following groups: African American, Asian American, Hispanic/Latina American, and Native American. Unfortunately, in many departments on campus there are fewer faculty members from historically underrepresented groups than are international faculty. An international faculty member brought this issue to the attention of the university a decade ago. It resulted in the university hiring historically underrepresented faculty to teach African American and Latina/a literature courses. These kinds of initiatives are helpful in increasing student and faculty morale as well as offering students opportunities to seek out mentors. The research shows that this is most important for increasing graduation rates for African American males. The university also has not fared well in bringing minority faculty into leadership positions on campus. Very few, for instance, members of historically underrepresented minority groups have ever served in leadership positions in their departments or on campus as a whole. SCSU's Peer Institutions: A number of highlights are included in the reviews of the ten peer institutions that are a source of ideas and possibilities for SCSU's diversity initiatives and efforts. Some of these include reviewing the structure of Multicultural Centers at SCSU's peer institutions. In some instances, the scope of the office and the staffing is much larger and much more academically and socially directed such that the office does not fall under the supervision of Student Life, rather under Academic Affairs or the Provost's Office. This structure brings the activities of such centers to a wider audience where they have the potential for greater support among student, staff, faculty, and administrator stakeholders.

Appendix A: Full-time Employees

)

Full-Time Faculty,

M~ r

Fall2010

Total

Female

Am Indian/Alaskan Native

I 0.0%

to% I

Asian

5.6%

7.2%

Black

7.0%

[7 .2%

Hispanic

3.3%

1.9%

White

178

83.6%

172

Non-Resident Alien

0.0%

Unknown

0.5%

Full-Time Faculty

Full-Time Minority Faculty

350

82.3% 0.0%

0.5%

213

209

422

% of Minority Faculty ----scsu Pact Book Home Page

16.6% I

r Full-Time Faculty,

' Male

Fall2011

---

White Non-Resident Alien Unknown

Female

14 I

3.2%

188

84.7%

174

0.0%

0 2

Asian Hispanic

I 0.0% T 5.4% I 6.3%

Am Indian/Alaskan Native

Black

-T

I I

0.5%

[ Total

2 .oo/o j - 1 I 7.1% I 27

15 15 -

,- 7.1%-

1.9% 82.5%_,_ 0.0% 0.9%

222

211

362 0

Full-Time Faculty -F-ull- -Time M~oritf-F~~~ity-路 - ,

43~ J 68

:scsu Home P;tgc

SCSU fRet Book Home Pags:

-,-I

I Female

Am Indian/Alaskan Native

I Male -, 0

IQ."o%

Asian

o.o% 1

8.9%

1----s.o%

7.0%

5.9%

2.8%

r I

Full-Time Faculty,

Fall2012

Black Hispanic White Non-Resident Alien Unknown

-1

-1 178 1- o

Full-Time Faculty Full-Time Minority Faculty

-1

221

1.2%

80.5%

1.4%

26 344

213

r l

434

40 - 1

Lrnll

r 77.9o/~ ,' IM % I

166

,- 0.0% T

3.3%

)

% of Minority Faculty

---

Fall2013

Am Indian/Alaskan Native Asian

---

Black Hispanic White Non-Resident Alien Unknown

I Male I

Full-Time Minority Faculty % of Minority Faculty

0.0% I

~-13

I I

167

-0

7.1% 6.1% 5.2%

I 78.8% I 0.0%

2.8%

)

0.0%

I I

8.1% r - 32 _ j 17 7.5% 27 14 -6 - n.5% 17 -82.1% I 333 166 0

0.0%

1.5%

I 212

Total

Female

Full-Time Faculty

r.-!SCSU Home Page

SCSU Fact Book Home Paae

Full-Time Faculty,

18.4%

209 37

-r

-..--

0 12

I I

421

76 -~18.1% I

Full-Time Employees by Gender, Race/Ethnicity Fall 2012, Fall 2013 -~

Note: Descriptions of the categories can be found in the Glo sary.

SCSU Fact Bpok Home

Business & Financial Operations

Atrican American

Fall2012

r !

o -r I o

Hispanic Two or more races Unknown

I I

White

Total /

- 40 1

Asian

Unknown

White

-1

Total j

T -T

African American Asian

Hispanic Two or more races Unknown

[

-: o ,J o

-r

1 1

-o-

-~ 53

30 39

r -1

n r I

-2

-r

Fall 2013

I I Mak

- 1-

34 12-

路1

!fe;;Ie J-pfotal

1- o 1 1 1 f1 o o o2---, o I 1---z o l o I ~ oi o-1 o I I o-f: a I o -1 I! 1

1 fi

. 22

- 1-

Cl-

I T 32- I

25 -~

~ 22 I ~

.u I ~

Male jh maJe 1

I, 0 I 0

;

/Total

I0 -

I 35 1 1 ~ - --.-路

Fanio13

Total [

- 2-

2- j

IT 11:- 1-1-1 n

[ 1 l --

- 1- /

FaU2o12

___ -,-01 ___,:

II 11

27 - j - 5

I I

Te~al -~-Male jh male j

African American -

, ---6,---路

Fall2013

Healthcare Practitioners &

.,_

I I-1

I 0 -, _l.lo l1 -1 II

! I

/Female )

/Total TI Male fFemal~r- Total

I I

j o I 1

~tal l

Hispanic

FaU 2012

Compu~gjneering & Scien~ f .M.!lk

-----

-rTotal !

Asian

r-1 o

o -

Two or more races

White

Hispanic

3o-r

jFemale

i 2 r-o

Afncan American

~le r

Fall 2012

Co~nity S~ce, Legal, Arts & Me~ j Male

Fall2013

Male -,~ale fl fotal l ' Male

Asian

scsir Home page

Pq~c

-1

I-,

1 o- 1o r r o - o-1 o 1 o I o I o 1-1 o rfo I -1 f 1-11 1 r 7 ! 1 8 11 1 7 1-1 8

Two or more races

Unknown White

Total [!

African American

Asian

o 11

Unknown

White

Asian Hisp-;;;;;cTwo or more races Unknown

, , -0- - 0 -11

1 1 15

1~ rI

- 1-

I ,-

~ I

14 Fall 2012

J Male

African American

)

jTotal

[

-0

-o-r o

I -,

0 -

1-r

-I

- 1 -~

I I

Management

Fall 2013

Total [

jFemale i

Twoormoreraces

Female [ ITotai j' Male

l I

Hispanic

2- i f ! -

Fall 2012

I Male

Librarian&LibraeyTechnicians

j- 1

/ -17

17 1 I

Fall 2013

!Femal-;1 rTotal j" ~~Male !Fem~ f _!Total

-3

Il6

] o j o 1 [ o l o lo 1 1 o I 0 I 1 I I 1 I [ 1 r 1 1-1 2

-r-o1

White

To_tall

,0-

[

lfi

o-r r 0 I

i 1 I I 38 i 10

l-r

I I

2!!

I : ---

~~-===~~~~~~~~-

!2 -, -~

----

Full-Time Employees by Gender, Race/Ethnicity Fall2012, Fall2013

)-__

Note: Descriptions of the categories can be found in the Glos ary.

---

SCSU Fact B ok Home Page I

scsu Home Page I F all2013 1

Fall 2012

Natural Resources. Constru-ctt-.o-n_&_/ Male ,1Fen1ale /-,~ fMale rl F emale lj Total l Maintenance I African American

Asian

Hispanic

o o o

1 o

Two or more races ---Unla10wn

White

;

o ,I o ! 1 -2-·-r 2 II o o 1

3-r r

11 2~

o _ o o i -1 2 o -~- o 1

-0-

1 27 T34

Total j 27 .5 I I 32 J 29 .5 Fall2012 j Fall2013

j -

Office of Administrative Sup-p-ort--;.jM- ale jFemak f /Total i iMaleiFemale l /Total African American

-r

' o '

Asian

Two or more races

White

---17

[

i I 7o r I l17

Total j 13 T 104 I Fall 2012 5-

African American Asian Hispanic

Two or more races

Unknown

White

o o

o1 0

o o1 0

18 -

,11-

Totaiii§ 2s Fall2012 _I

o--~

-r

r I 12

il--l

- , I 12

! t M

62 -~,-69

I 1071 ,119

ale IJFetua _ l_e..,.--/-./1-T otal

1 II 1

o-,- ,

1- j -,

T-

rj o I 29

1, 41 j

'l 1 1! 2

l Io T ll o ! 111 1

Fall 2013

o l o-

r- rI

-r

o o

fTo

r -,- 1 11-27- t

' j 12 zs r 37 Fall2013 r

Postsecondary Teachers - - - rMak/F-~-~~It;f !Total [ !Male 37

7- r

jpemale

j ~- ~

/ 1 T o /

-~-63

Other Teachers & Instmc_ti_on_a_l - [Male Support

jj.

1 ~ 1°1

Hispanic

Unknown

IFe~e I ITotal

,-1

•

13 1

African American

11 _

Asian

Hispanic -

Two or more races -

-~-2

Unknown

White

166

Fall2012 .Production. Tra~s::~n & Material iMaiJ F em ale i

Hispanic _ _y, _""_o _or-more races Unknown

White

1 r

Total! .2

I 0 I

Asian

African American

Asian Hispanic Two or more races

I 1

GRAND TOTAL

210

rI 1

r -r .2

II o

)

1t)

22 j) 9 1 14 n 11 o I o

) 112

- o1 23 r

[ 3s

/ 109

444

508

T 1

/ToJal I

26.1 -

'o-

-1 -

Fall 2013 jMale tFemale [

r r

1 sz

j 421 j

Total l70

/Total j

II n-1 12 1

509

3.2"91

456 r

-1 l 17 1- 1 ~ -1 1 14- l

~ 1

- 32

1 [

1 u -, - o-

I 1 -1

White

434 // itt I

Unknown

164

l w l u 1 o

-1-, •

1 ;

Fall 2012 Male !Female l

r-1

17 6 3

165

I ll [

I I Fall2013 !Total nMalefF emal; jlTotal l

African Ameri can

1-7

3-«

-To- ta-1/, 221 / 213

1-6

I -=s

12--f 13 f

1 35

r,~4

, 178

25.2

Appendix B: Student Enrollment Patterns by Race and Ethnicity

----------------- --

Race/Ethnicity, Fall 2008-Fall 2013

--------

-~-

Undergraduate - Full Time Source: End of3rd Week Student File

----------

~··

Black or Atrican American American Indian/Alaskan Native Asian

1----w---1

!411

: 148 / 2.1% lS.l ! 2.0% I 185 12.0% l 79 12.4% I 185 [ 2.5% I 168 [ 2.5% 454 16.3% 413 j 5.6%f64~ 5.6% 726 r9.6o/;l759 l 10~4% 811 1 10.4% - - J 5,t33 : n.6% · sTo8 J69.3% 15,294 r69.3% rs,oo6 l66.s% [ 4,594 ., 63.o% j 4,232 163.o% 1

Race ethnicity unknown

***Two or more races

Total F~U-Time Undergraduate [ 7,173 ] -_- , 20.9% **Minority Percentage

493 / 6.9% : 71 8 j 9. 7% j 166 i 9.7%

*** _ N. _ a_tiveH;:;;:;::Othe-r-Pa-CJ_U_C _I

I "' · [3 3 1

2oos 1 * 1 20o9 * 2010 * [ 20i1 ! * I 2012 l2oi3 I * 46 o.6% 38 o.5% o.s% 1 31 1o.4% o.5% 1 29 -1 o.5% 879 [12.3% 919 12.5% 1 984!iiso/o / 1,069 )14.2% [ 1,098 j15.1% f 1,079 !15.1% 1 o.3% 1 19 o.3% 23- / o.3% 1 25 o.3% 26 -l o.4% 1 t8 o.4o;.; -

Non-Resident Alien

* **HJ-'sp_an _ i::Of any race ---White

~sliT o~;>

SCSU Fact Book Home Page

r - 6- 1 0.1% r

;lso

j 7,366 / l2oA% 1

j 2.0%

310 [ 4.1% 3

409 j 5.6% [ 501

0.0%- . -4-

r i75f2.3°/~IS1

[

( 7,494 7,524 1 126.6% , - - rzs.9%l-

0.1%

2.5%

I 17-6 -+,-2.-5°A-o I

; 7,2S9 j 130.9%

- ,32.1%

***New !PEDS definition Full-Time Undergraduate

6,000 5,000

1 Nor.-Resid entAiief'l 1 Black cr African Ameri:::an • American Indian/Alaskan Native

4,000

• P-.sian 3,000

r---

• Hispanic of Anv Race

r. 'Nhite i.

2,000

!).

1,000 ;

0 2008

2003

2010

2011

2012

2013

0.1%

i\<ii6--~

*%represents percentage of "Total Full-Time Undergraduate -- --- -- -- -- - -- - ---- - - -- -- -- --- - - -- ---- - - - -- ** Only italicized categories are included in minority count. --

5.6%

Race Ethnicit>; Ur.kr:owr. Native Hawaitan/Pacific lslar.der Two or more rilces

Race/Ethnicity, Fal 2008-Fall 2013 ---- ---Graduate - Full Time -

Source: End of3rd Week Student File

SCSU Facl Book Home

** Non-Resident Alien Black or African American --American Indian/Alaskan Native ____

lscsu Home PaJ.W * : 2010 1 * 12011

Pa~:e

_ _A_sia_n_ __ ***Hispanicofanyrace

, 2oos 1 * 12009 I j2.0% 17 11.7%

I '1 9 I 90

[?.6% f

11 r o.1% I

I 2l I 44

11.5% 45 [4.8%

J8.7%

1o.o% r 2IQ.2% / 2.1%--!- 24_ /.2.4% /4.5% 1 49 j4.9%

18.3% . 72 ) 8~/ 77 T8.5°/;;1 r o.1% r o 1o.1% 2o j 2.1% 1_ 15 )1.8% ~j 1.8% 46 j4.9% J 42 js.O% / 42 J5.0%

I 78

ro.1%

2012 r ... 2013 1 ... 7 )0.8% 11 ]0.8%

18 / 1.8% I 12 [1.3%

~ / 9.5% T

! 14

White _ _ _ / 627 j66.8o/{~83 J69.7% / 772 177.2% j 726 177.4°loj 645- j76.3%j648 Ji6.3oi~ Race ethnicity unknown J 142 lts.t% r 122 12.4%T 35 13.5% 35 , 4.8% 51 16.0% 67 16.0% - -*** - Na-tiy,-e n;;;::;::Oth~rPa-ciflc

I I

I-

r0.0% I

I 1-; ~ 0.0%

0.0%

f0.0%

***Two or more races Total Full-Time Graduate **Minority Percentage

, r - - ,938 I

T98o

,16.0%1

·;16.t%l *%represents percentage of "Total Full-Time Graduate

1 13 , 1.3% 1 10 1i t% 1 12 j1.4% 1 11 j t.4% [t,ooo 938- 1 ! 845 1 / 876 , -

I--,

/17.5% /

-=_116.s % 1 ~ ~~.8% ,-

fi7.1%r

** Only italicized categories are included in minority count ***New !PEDS definition 800

Full-Time Graduate

700 • Non· Residem Aiien • Black or African Amer i:an • Amercan Indian/Alaskan Native

• A.sen

400

• Hispanic c:A Any Race • White ., R&:e Ethni:ity Unknown it Net we Hawaiian/Pacifi: Islander Two or morer&:es

300 200 100 0 2003

2010

2011

2012

2013

-------Race/Ethnicity, Fall2008-Fall2013

----------

Undergraduate - Part Time Source: End ofJrd Week Student File j SCSU Home Page

SCSU Fact Book Home Page Non-Resident Alien

Black or African American American Indian/Alaskan Native

I 189 [14.3% j 162 /13.2% 1 202 115.8% f

***Hispa-;ucofanyrace White

Race cth~cifY" ~own

***Native H;:;:;;::Other Pacific ***Two or more races

Asian

-- -

Thtal Part-Time Undergr; duate

zoos J• 12oo9 * I zoto :* 1 zoiTl* -12012 I* lzou -~ 17 j uo/ol1 s j 1.2%11i 0.9% [ - 2- 1 0.2% 1- 20.2% j- 3

2 51

j 0.2%

l0.3% ~~~~-

so- 4.1%

i3.9%

I 190

l 3.4%

-r

J16.2% 1 229

i18.5°/; T198

3 -~ 0.2%

1 T o.l% 37 TJ.2%

T4o

r-3.2%

j 2

0.2% ;

116.0%

j 0.2%

131;-2.5%

114 18.6% [ 109 j 8.9% I 133 ]10.4% J 129rn.oo;-;;-j 128 jt0.4% -f 129 110.4% 825 l64.40Jo j 745 /60.7% ! 8 04 j6i.7o/o[723 ____ j61:7% : 725 js8.7% f 753 !60.7%

j 125 j 9.4% j 143 !11.6% / 64

If-

r 1,323

! ;

/ 11,228 I

I S.Oo/~2

j 6.1% [ 85 1 6.9°/; j1 06 j8.5o/o

0.2%-~-2 ~ 0.2~ 0.~% I ~ , 20 1.6% I 16 j 1.4% ! -23 j 1.9% I 18 j 1.S% j1,282 I fl,i7z I !1,236 I r1-:241 I 2

**Minority Percentage 126.90/o j--=[26.5% ~ J31.4%. *%represents percentage of "Total Part-Time Undergraduate

_132.0%

[34.3°/.,

[30.5% I

** Only italicized categories are included in minority count ***New !PEDS defmition

900

BOO

Part-Time Undercraduate

•

700

No11-Re~111

Nen

• Biack a At~ Alrencan • Art'tera~~lllcianl~askM N<ii~oe

600 500

• AsCii

300 200

100 0 2008

2009

2010

2011

2012

2013

• risp<11ic of Ally Race • Wttie ., Rare Ethnay LkknOWI "' Nalio,e Hav.e ia nlPac.f.c lslalldet TWl or ll'O'e races

Race/Ethnicity, Fall2008-Fal12013 Graduate - Part Time

Source: End ofJrd Week Student File

TCSU I '"* ·--

2008

1 24

Non-Resident Alien

Black or African American American Indian/Alaskan Native Asian ***Hispanicofanyrace _ _ White ___ Race ethnicity unknown

2010

Io.7o/o I

12011

20121

I0.5% fll l o"".6o;;;-j9

r 0.5%

20~* )11 ~o/~

1 137 )5.9% 122 f5.4% I 141 )6.4% j 120 l6.3% 137 17.8% j 142 ]7.8% j 3 O.io/~ 3 0.1%1- 1 j 0.0% r -o- ro.O% j -2- ro.1%-, 2 I

34 - 11.5%

I 26

3.6%

r 1.2%

82 13.7%

) 1.9%

102 r4.7%

I 42

I 2.2%

I 36

I -34

)2.1°Jo

I 95---:5.0%1~ /5.5%~5.5%j

f 18 -[ 0.8% f 18

0 - [o.O% :

[2,335 ) l2,241 f , 2,188 i '11 .1% ] - - j10.4% j - - ,13.9% J

~ O.Oo/~ ~ r~.O% Jo.9% 1 15

-j l ,899 ) jt4.4% 1

l l

o.9%

11,747 j

0.0%

f"Q.9o/oj

11,671 1

j16.4% ! - - 118.0%[ - -

** Only italicized categories are included in minority count

- -

----

***New IPEDS defmition

Pari-Time Graduate

1800

1600 · ~ Res de PJ • 8Jacl <11 Afticotl ~ncar.

1400 1200

• A.i'Mticil. lnliatu'~askal!

1000 800

I A9c."' • 1-ispB~~ic:of A11y Race

• !JIIhile

600

liJ

Rare Bhtlri y l...kmOM Hawsu!U'Pacific lslar.:1er TWJ or rna~ rae%S

Iii! Na~

200 0 20CB

2003

2010

2011

2012

2013

*%represents percentage of "Total Part-Time Graduate ~

fo.i%"

12.1%

11,671 Jn.6%J t,69o_r 5.4% r1,755 lso.2%J 1,470 !77.4% / 1,324 175.8% 1~235 .)75.8% 1 I 381 !16.3% 302 13.5% 119 l s.4% 144 1 7.6% ) 128l 7.3% 124 j 7.3%

~-*** -Native H;;;::;::Other p;;;ifk' ***Twoormoreraces TotalPart-TimeGraduate ~-- **MinorityPercentage

12009

11.0%

om Page

Appendix C: International Student (Non-Resident Alien) Enrollment, 2008-2013

Students by Foreign Countries Non-Resident Aliens

Fall2008- Fall2013 Source: End of Third Week Student File

SCSU Fact Book I lome Pags· lUndergT-;du~e~

'SCSU Home Page ' 1 [ ~duat~

I 2008 I 2oo9 I 2010

· - - -Albania- Austria Australia

Bangladesh Barbados

I -o-j

1-1

[- 0

- -1 2

~----

Brazil

l i I

Canada china Columbia Cyprus

Dominican Republic

~--------&~-;dor - --Germany Ghana

Granada Greece -

-r

I 0

-z---r

2 2

0 3

2oo9

2010 ) 2011

I 1

0 0

2012 j zo13

o- n Oj o T o- o I oT ol 0 0

[

0 0

f 0

; 0 0

o-f o ~

-~ 0 I -

III Oli o- l o l ,-o ·r--1 I I

0 0-

- 0- !

l r

0- I

- 1 -

I () I

; 1 -

ro lI j

fT 0 i I r 1 I 0 0 ·r- 0 I I 0 -[-1 -1- ,- 0 I 0 i 0 1- a· 'oT!-1 , -o- [ ()T 0 I 0 1 I -4 : I 0 I n I 2 0 I 0 I 0 1 T - , 1-1-1 It 1~ 1 o - ro o 0 [ 0 0 ll 0 [ 0 I (-) ~-0 I -0 0

2013 ll 20o8

,-21f 2! oo- 1-oo 0

r-1 -

1- t

I o-1 -0

o- ; 0 0 0 0 0

I I I

- 0

~ -,

II II

0 2

-~- -i

o_ll

0 0

0 r 0 0- , , 0

0 0

l1 -,

r ,- 0 I

To If 0 0 rT 1

I -0I

~-~ I jo

0 llo T- 0o 1T 1 [ 1 0 IL0 I 0 1 !I o i o

0 1 0-

I 0

()

o- l o-1

o -~-o Ia

0 0

o Io 1

I0 I

o-r

- 0

I - 0-

0 1 0

tH o

- 0

T-o r ol

-0-

I 0

I (

I 0

r-o-o1

r I

L- :-

OT 0 10

0 0

Jo l 0

- 1- o ro r 0 0 II 0 f 0 -~-0 1-o- 0 , oI 1 -1 -1- ! o I o o- I I 1 - : 1 f1 i --o - 1 o- [o -Ia 1 I 1 I 2 o o Tl- o- lo 1-o- T -o-~ o -1-o- n l-1 -r l_o_l_ o_ o-lf2 T2 f o l_o_ l 0 r 0 0

Japan

I 0

_ K_en_:_y_a

-1 1 , -1 r- 1 I 0- I I 3- [3 T3 I ( ) I 11 0 0 I 0 I

I oj

--~-0

!o 0

l ol !

0 0

I I

~r-o-

0 0

-ro

I o I o I 0 1- o-f -o-1 oi l -o-1 0 I 0 -!0-, olD . 0 ~ 1 1- -o [' -1 - r -1 - o- -o-' -o-lio 1 Ol olD o I o Lithuania I 0 I 0 1 -0 0 - 0 0 I I 0 I 0- 1 0 -~ 0 ~ I 0 Malawi- = I 0 I 0 i 0 i 0 0 0- r 0 I - 0- , o]~l 0 0 I Lebanon Liberia

-~ 0

Indonesia Israel --Jamaica

11 i

2012

1-6 I 0 -rr, ro I 0 1 0 I0 I 0 1 T 1 I0

Hungary . - - India

Korea Kuwait

France

0 0

0 I 0 . l 0- - I 0 I t I 0 I 0 I 1 I 1 I 1 ,

o f-3

I' I

- - - Dominica

ro Ia '

Denmark

_ _H_aiti

2011

I I I 0 -, 0 0 'T or 0 -;-a I 0 _ o I ~- o-l_o !l_o -~ o .! o I o

0 T 0 ,- 0 - , ,0 - 0

Bosnia

0 0

_f o I0

[-o- r

----- Bolivi;

Belarus Bermuda

I 1 I 1 TO l o I oi l oTO - jo !Of o _I o Nepal I 0 I 0 J 0 0 l 0 I 0 II 0 I 1 _l 0 J 0 I 0 l 1 Nigeria - ]11 2- 12 - 0- r 0 -rr -4 T7 I 6 I -1 I 0~ • - -Norway - ,-o-r 0 2- ,3 IT O -~ -0- l_1_f_ o l -oJo Pakistan T 2 0 I 0 0 I 0 I 0 I' 0 I 0 I 2 I 0 I 0 l 0 _ _ _P_ e_ r_ u -===~-1 1 1 111- ~o I o Ia I Ol o I o Ia 1o Phillipines r 0 1 I 1 _l 0 I 0 I 0 rrol 0 I 0 I 0 loJo Poland --r 0 I 1 I 1 - ,0 Ia l-01 r 0 I 0 I 0 -lOr 0 I ·a ~I o I o -l-1 f- o-1 -o ro--110 o Io Io ·-

-~ o-

Malaysia

-o -r ro or·

-ro1 01 o 1 oJT 1-ro io

- 121 o l o 1-o- f o-l o_lo _ - - , o 1 o 1- o-r QT o-ro- ITc! 1 o 1 o I ojo -Ia I 1 I 0 I 0 0 I 0 : 0 I j 0 I 1 1 I 0 I 0 ,I 0 - r 0 ,-0-, 1-, 0 J O ~1 I .o f o - fo!O r-o-'lo 1 ! 2 / 2 J o i o J o ri o l o l o l o j o _l o --1--o i_o_ l_ o f o I o 1 OTl 0! 1T 1- jo[ -o-jo -111 2 I o I Ol -o I oIT oTo !Ol _o_lo- lo - 121 3 l 1 -~ r o II o 1 o 1 o jojo'Cl -----=--- 1 o 1 o 1 o r o 1 o 1 o 11 o , o " ' o I o o United Arab Emirates I 0 ) 0 [ Oj0 - jo - o - IJ_1_ [ Ol 0 I 0 - o- f 0 United Kingdom I 1 I - 1 - j l j1 ~-1- 11·1 0 I 0 I 0 101- 01 0Venezuela I 0 I 1 I 1 I 0 I 0 . 0 n0 I 0 I 0 J0 I 0 ! 0 - -Virgin Islands I 1 -~ 0 I 0J 0 j o OJ /C Jl OT 0 TO 1-o-1 aZimbabwe 1 0 I 0 I 0 I 0 0 I r 0 I 0 I 0 I 0 -~ I

-Unknown

I 11

r2 s

126 1171 4l r

1o j s j22[16l 1B

Appendix D -Enrollment Statistics: Connecticut State Universities

)

Enrollment Statistics:路 Connecticut State Universities

This informational packet includes the enrollment statistics of all Connecticut State Universities. All data was either found on the official website of, Central Connecticut State University, Western Connecticut State University, Eastern Connecticut State university, Southern Connecticut State University, and the official CSU system website. All data is current of 2013 unless otherwise marked.

,) ;

Contents Central Connecticut State University ................................................................... 3 Western Connecticut State University ...................... ............. ................................. 7 Eastern Connecticut State University ................................................................... 9 Southern Connecticut State University ............................................................ . ..... 12

Central Connecticut State University Enrollment by Student Level and Residency Undergraduate Students

Headcount

Credit Hours

FTE

In State

6,780

97,734

6,515.6

Out of State

334

4,896

326.4

TOTAL

7,114

102,630

6,842.0

In State

2,100

13,859

923.9

Out of State

400

26.7

TOTAL

2,157

14,259

950.6

TOTAL UDG STUDENTS

9,271

116,889

7,792.8

Graduate Students

Headcount

Credit Hours

FTE

In State

424

4,420

368.3

Out of State

100

1,039

86.6

TOTAL

524

5,459

454.9

iln State

1,489

6,635

552.9

Out of State

359

29.9

TOTAL

1,565

6,994

582.8

TOTAL GRADUATE STUDENTS All Students

2,089

12,453

1,037.8

Headcount

Credit Hours

FTE

In State

7,204

102,154

6,883.9

Out of State

434

5,935

413.0

TOTAL

7,638

108,089

7,296,9

In State

3,589

20,494

1,476.9

Out of State

133

759

56.6

TOTAL

3,722

21,253

1,533.4

TOTAL ALL STUDENTS

11,360

129,342

8,830.4

Full-time

Part-time

Full-time

Part-time

Full-time

Part-time

UNDERGRADUATE ATTENDANCE STATUS

UNDERGRADUATE STUDENT GENDER

22% Part-

time

•no

Female !5~

Mala

time

UNDERGRADUATE STUDENT AGE

UNDERGRADUATE STUDENT RESIDENCE 10~1

80%

20%

41%

0% i)

24and under

25 and over

!:1

Age

unknown

In-slate

Ou1-of- Foreign LJnl<tlctwn stale counthes

10!)

70%

10%

0% 0

American Indian Ci A.ltik.a Nal:nle

10%

3% Asian

0% Black or

HI~'

Nawe

A.frlc:an

La11no

Hawa.an

Amerlca~t

Ci Oth@(.

Paclf.=

l!iLallder

White

T\\0 or more races

3% - ..

_,_

:;;;

RaO&J e1hnla.1y \Mlll(nown

1% Nonresident all6n

NEW Applications for FULL-TIME Undergraduate Admission Number of

Number offered

Number

Applications

Admission

Enrolled

A. First Time Freshmen Men

104

Women

CT Residents

169

TOTAL

193

101

YIELD

1 52%

162

1 61%

B. New Transfers from OTHER Institutions Men

324

231

165

Women

354

273

173

CT Residents

625

467

321

TOTAL

678

504

1338

')ELD

174%

167%

/otal NEW Applications for Full Time Admission Men

428

290

204

Women

443

315

196

CT Residents

794

558

1378

TOTAL

871

605

400

YIELD

69%

66%

First Time Freshmen SAT Scores and Class Rank ALL Freshmen Score

Special Freshman Admits

# of Students

Score

Mean SAT verbal

494

Mean SAT math

514

Mean SAT Writing

490

Mean SAT combined \verage class rank

11498 30

Full-dme Beolnning Undergraduate Students • Beglnn il s.:wten:s are those vlf"TD are entering postsecondary ed.....cauon •or me lYPEOFAfD Any stud!? 1

NUMBER RECEMNG

PERCENT RECEJVJ NG

AID

1,1 80

86%

946

oolal

ad 1

Grant or sohotln p aid F~al 113nts

t"S(

'!'le.

TOTAL AMOUNT Of AID RECEIVED

AVERAGE AMOUNT

69%

553.00 . 54

SO,fiJ:!

OF AID RECENED

48 1

35%

Sf.Q57 Q63

$4,071

-46 1

34%

st f>30 e~

$3,972

Other fE\le-ral gran I:!.

193

14%

$1269&'

623

45%

Sf '"70,143

11,71 8

694

151%

S2 '71 Q55

$3,27~

Q43

Pelgra

~;:o ~ ...

SmeJloca

gov,emiTI€(1 !PiJnt or

'W!hcfa.1Shlps ti!Utional grams or

SGhOf3l"Ships

nt loan aid

FedcQf student lo3ns

•

student loi¥1:5

ee•,.;,

s~ %7 . ~~

16,350

Q36

68%

s- ..22a:z11

16,577

l767~t<3

IQ;970

lude!i studerrts reoeill!ng Fes:ieldl Y•ork stu:ly aid .111d aid from CKheJ sources not -sted aoo'/C .

All Undergr.Kiuate Students

lYPEOFAID

)

NUMBER RECEMNG

PERCENT RECEJVING

AID

AIJ

TOTAL AMOUNT OF AID RECErvED

5.693

56%

!>27.11S OE.6

3, 182

3" ~.

$1 2 ::t3

Grant or s.e hot3r5n ard1

Pall gran I:!.

f.e-dEr.JI student loii116 •

1 Gou ll ~ scnda

....

14,"Ci

13,173

te,BHI

5.834

p aid 1 Judes atd rooel\led. from 1he ~~ 00'>

sowoes knovm by tile · .sti

AVERAGE AMOUNT OF AID RECEIVED

rner.1, srate

ton.

or iOOii' got&~TTmEnt

e lnsttWt!an..

.~ otl1a-

UNDERGRADUATE ADMISSIONS FALL 2012

TOTAL

FEMALE

MALE

Number of applicants

5,699

2,727

2,972

Percent admitted

64%

67%

62%

Percent admitted who enrolled

37%

40%

34%

Western Connecticut State University Full-time Beginning Undergraduate Students

•

Beginning students are those who are entering postsecondary education for the first time .

TYPE OF AID

NUMBER RECEIVING AID

PERCENT RECEIVING AID

708

81%

Any student financial aid' Grant or scholarship aid

541

62%

$2,833,333

$5,237

313

36%

$1,224,380

$3,912

Pell grants

286

33%

$1,163,912

$4,070

$60,468

$2,240

432

50%

$1,507,653

$3,490

$101,300

$7,792

Other federal grants

Institutional grants or scholarships Student loan aid Federal student loans Other student loans

653

75%

$3,906,220

$5,962

609

70%

$3,442,845

$5,653

$463,375

$10,531

Includes students receiving Federal work study aid and aid from other sources not listed above .

All Undergraduate Students NUMBER RECEIVING PERCENT RECEIVING TYPE OF AID AID AID

Grant or scholarship aid 1

•

AVERAGE AMOUNT OF AID RECEIVED

Federal grants

State/local government grant or scholarships

•

TOTAL AMOUNT OF AID RECEIVED

AVERAGE AMOUNT OF AID RECEIVED

2,920

50%

$12,951,811

$4,436

Pell grants

1,605

28%

$6,126,828

$3,817

Federal student loans

3,251

56%

$21,731,754

$6,685

1 Grant or scholarship aid includes aid received, from the federal government, state or local government, the institution, and other sources known by the institution.

100

71%

13%

OC'4 0

American Indian 01

Alaska NaiWe

3% At ian

1% 81ackor African American

HI~

Latino

Nawe tlaW8111n 01 olftal Paclftc IBAanclel

White

Two or more fae81

2% Rac.J e1hnlaty uNCnown

0% Non· resident

ar.en

FALL 2012 TOTAL ENROLLMENT

6,176

Undergraduate enrollment

5,583

Undergraduate transfer-in enrollment

537

Graduate enrollment

593

UNDERGRADUATE ATTENDANCE STATUS

UNDERGRADUATE STUDENT GENDER

Part-

time

Female

time

UNDERGRADUATE STUDENT AGE

UNDERGRADUATE STUDENT RESIDENCE 1Ul

85%

15%

0% (I

24and under

â&#x20AC;˘

25and over

Age

ln-i11118

unknown

Out-atata1e

Foreign Unktlc1wn countrol05

Age data are reported for Fall 2011 . Residence data are reported for first-time degree/certificate-seeking undergraduates.

TOTAL

UNDERGRADUATE ADMISSIONS

MALE

FEMALE

Number of applicants

4,016

1,713

2,303

Percent admitted

59%

57%

60%

Percent admitted who enrolled

35%

36%

35%

)

Eastern Connecticut State University TOTAL ENROLLMENT

5,440

Undergraduate enrollment

5,258

484

Undergraduate transfer-in enrollment

182

Graduate enrollment

Full-time Beginning Undergraduate Students

•

Beginning students are those who are entering postsecondary education for the first time .

TYPE OF AID

NUMBER RECEIVING AID

AVERAGE AMOUNT OF AID RECEIVED

$6,322

770

83%

Grant or scholarship aid

495

53%

$3,129,554

Federal grants

244

26%

$1 ,054,219

$4,321

Pell grants

244

26%

$1 ,023,119

$4,193

$31 ,100

$399

State/local government grant or scholarships

274

30%

$539,100

$1,968

Institutional grants or scholarships

441

46%

$1 ,536,235

$3,484

688

74%

$5,041,963

$7,328

Federal student loans

684

74%

$3 ,958,340

$5,787

Other student loans

104

11%

$1 ,083,623

$10,419

Student loan aid

Includes students receiving Federal work study aid and aid from other sources not listed above .

All Undergraduate Students NUMBER RECEIVING PERCENT RECEIVING TYPE OF AID AID AID Grant or scholarship aid 1

•

TOTAL AMOUNT OF AID RECEIVED

Any student financial aid 1

Other federal grants

•

PERCENT RECEIVING AID

TOTAL AMOUNT OF AID RECEIVED

AVERAGE AMOUNT OF AID RECEIVED

2,332

44%

$12,583,532

$5,396

Pell grants

1,389

26%

$5,549,026

$3,995

Federal student loans

3,227

60%

$26,505,493

$8,214

1 Grant or scholarship aid includes aid received, from the federal government, state or local government, the institution, and other sources known by the institution.

UNDERGRADUATE STUDENT GENDER

UNDERGRADUATE ATTENDANCE STATUS

1ft

Part· tim41

UNDERGRADUATE STUDENT RESIDENCE

UNDERGRADUATE STUDI! NT AGE 100

100

88%

13%

12%

0% 0

2.fand

25and

Age

uOO.r

OV8f

unknown

ln·llal8

Foralgn

aountnaa

•

Age data are reported for Fall 2011 .

•

Residence data are reported for first-time degree/certificate-seeking undergraduates.

0% Unknown

10!)

74%

American Indian 01 Alaska NabVe

)

Asian

81ack or African lllnerlc:an

Hlapan.c/ Narwe La11no Hawa.an Of

Olhei

Whl~

Two or

&lhnl ly

Nonresident

taee&

路mOl\

alllan

BOO..'

Pa::lflC lllllnea!!l

TOTAL

MALE

FEMALE

4,329

1,911

2,418

Percent admitted

67%

65%

69%

Percent admitted who enrolled

35%

UNDERGRADUATE ADMISSIONS FALL 2012

Number of applicants

Southern Connecticut State University UNDERGRADUATE ADMISSIONS FALL 2012

TOTAL

FEMALE

MALE

Number of applicants

4,978

1,915

3,063

Percent admitted

75%

71 %

78%

Percent admitted who enrolled

37%

39%

36%

UNDERGRADUATE ATTENDANCE STATUS

UNDERGRADUATE STUDENT GENDER

14%

Parttime .o% Male

60% Female

tirM

UNDERGRADUATESTUDENTAGE

)

UNDERGRADUATE STUDENT RESIDENCE I C~I

l()~i

92%

16% 7%

O'Yo

24and under

25and over

Ago

ln-s.1ate

unknowo

0<.1-of-

stale

Foreign Unl\nown counll~

WJ age data are reported for fall

2011.

62%

16%

0% American Indian 01 Alaska Nall\•e

10%

3% .A.!! Ian

Oo/o Black or African American

Hlapanoc/ la11no

Native

White

Ha~·.-.an

01 Olnef

Paclt.c

l!iti!Me.r

T~'O

or more races

6% ~

RaaeJ

e1hnlellfy

Nonresident

\i..'lkOO\\YI

.!l6.eon

Residence data are reported for firsttime degree/certificateseeking undergraduates .

TYPE OF AID Any student financial 1 aid Grant or scholarship aid Federal grants Pell grants Other federal grants State/local government grant or scholarships Institutional grants or scholarships Student loan aid Federal student loans Other student loans 1

TOTAL AMOUNT OF AID RECEIVED

AVERAGE AMOUNT OF AID RECEIVED

NUMBER RECEIVING AID 1,070

PERCENT RECEIVING AID 81%

785

60%

$4,855,752

$6,186

503 503 34 523

38% 38% 3% 40%

$2,103,848 $2,028,126 $75,722 $2,223,134

$4,183 $4,032 $2,227 $4,251

$528,770

$5,875

932 913 63

71% 69% 5%

$5,982,683 $5,333,809 $648,874

$6,419 $5,842 $10,300

Includes students receiving Federal work study aid and aid from other sources not listed above.

TYPE OF AID Grant or 1 scholarship aid Pell grants Federal student loans

NUMBER RECEIVING AID 4,579

PERCENT RECEIVING AID 53%

TOTAL AMOUNT OF AID RECEIVED $26,693,443

AVERAGE AMOUNT OF AID RECEIVED $5,830

3.032 5,387

35% 62%

$11,411,310 $47,876,936

$3,764 $8,887

Grant or scholarship aid includes aid received, from the federal government, state or local government, the institution, and other sources known by the institution.

Appendix E- Student Club and Organization Activities, 2013-2014 AY

Southern Connecticut State University Black Student Union

Racial Identity Forum (MCC) October 16, 2013 A night of panel discussion and interactive conversations from surrounds area BSU's such as Yale, UNH and UConn as we discussed the state of racial identity in America along with cultural divisions and why Black America is further divided than ever before

Beef Patty Fundraiser The Strong, Bold & the Beautiful: Celebrating the Art of Healthy Hair February 12, 2014 (MCC) A night dedicated to protective hairstyles and educational information on how to properly and naturally take care of ones hair without the aid of chemicals of any kind.

Organizational Myxer & Game night March 13, 2014 A night of fun and engagement with clubs and organizations while informing students and staff members about the purpose of our upcoming Heritage Ball and its importance.

)

''War of Our Times" panel discussion March 26, 2014 A discussion on what has negatively and positively impacted generation x and our leaders

Unity Pool Party March 2, 2014 A night together of games and giveaways encouraging students of different backgrounds to come and meet each other and to break down stereotypes

Heritage Ball (MCC) April3, 2014 Black Student Union's collaboration with the multi-cultural organizations on campus to bring a night of and cultural performances and cuisines

Southern Connecticut State University Chinese Club

The Year of the Horse Chinese New Year celebration was held on February 5, 2014. The estimated attendance was over 350 people. About 30 club members attended. The Chinese Moon Festival celebration was held on September 19, 2013. About 60 people attended. About 20 club members attended. The Chinese Traditional Medicine event was held on November 1, 2013. About 15 people attended. About 10 club members attended. The Spring Chinese Event for teaching basic Chinese expressions and proverbs was held on April9, 2014. About 15 people attended. About 10 club members attended. The Chinese Club also participated in the Cultural Fest organized by Multicultural Center and Office of International Education on April 21, 2014. At least several hundred people attended this event, I believe. About 15 club members attended.

Southern Connecticut State University NAACP Chapter Freshman Club Fair Purpose: Spread the word about the mission and purpose of NAACP to incoming freshman to gain membership and to interact with the incoming freshman class. Treyvon Martin March (New York) September 25, 2013 Purpose: A peaceful march which took place in New York City calling justice for Treyvon Martin. St. Regis/Yale New Haven Grimes Nursing Home Purpose: community service activity where members visited and socialized with elderly on a monthly basis for fun and recreational activities. NAACP also provided prizes and awards to the winner each game. Bake Sales/Fundraisings Purpose: to educate and raise awareness of Breast Cancer, Diabetes, Autism, Relay for Life and ways to support others who are dealing with these illnesses. Guest Speaker at meeting (Levar Mitchell) Purpose: Gave students tips on striving for excellence and success. Day of Service Purpose: Campus wide involvement in the community to help clean up the city of New Haven. NAACP State Convention December 19,2013 Purpose: SCSU NAACP students attended because it is an educational body. Its programs are designed to inform, train, review strategy and tactics, offer constructive advice for getting the job done when they return home. They learn from outstan<ling speakers and authorities who address the Convention, consultants and staff members by participating in workshops and seminars and learning from each other. Friends ofRudolfDecember 4, 2013 Purpose: A community outreach even where members were able to assist with an event where we were able to interact with over 1000 youth from New Haven county for a day filled with games and activities and the opportunity to meet Santa Clause. Accelerated Nursing Program Informational January 27,2014 Purpose: Meeting was held to make students aware of the opportunities for nursing majors to know, as well as the accelerated nursing program at SCSU. This informational also provided students with general information about the nursing program such a requirements and expectations. Revisiting the Color line: Is Racism Dead? Panel Discussion February 19, 2014 Purpose: An interactive discussion with graduate students from different institutions as panelist in regards of racism in today's society.

1"' Annual Showcase February 6, 2014 64

Purpose: Bring awareness to students of Southern Connecticut State University and other local schools about the New Haven community the importance of diversity and unity through poetry, dancing, singing and talents.

Black Girls Rock Showcase March 6, 2014 Purpose: In celebration of women's history month to pay homage to African American women who have devoted and contributed their lives to advocating for freedom and justice. Also, honoring 3 undergraduates and 2 graduates of SCSU who have been an inspiration on campus and in the community. Soup Kitchen Purpose: SCSU NAACP students volunteering by going into the community and serving food to homeless meals at downtown New Haven facility. Chili's Fundraiser April 15, 2014 Purpose: give students, family members and friends an opportunity to mingle together and eat as well as a fundraiser to raise money to help with the cost of different events planned by the students. Healthcare enrollment process Purpose: NAACP provided a conference call to give information to students so that they could give out information on the enrollment process to family and friends so that they were covered by the enrollment deadline. Believe In Me Empowerment Corp Purpose: Mentorship in the community two days a week with children of incarcerated parents, siblings, relatives to help them cope with the void of not having them in their lives by helping with homework, field trips and being a support system. Youth & College Summit February 8, 2014 Purpose: Combination of leadership and advocacy training and real life civil rights issues that affect our communities. It brings local college and youth together with other youth and college chapters throughout the State of Connecticut to "Recommit, Revive and React". It also gives an opportunity to connect with the youth chapters as well as college chapters, Yale, Central, SCSU, Quinnipiac, and UNH our future leaders and gives them an opportunity to be re-enforced and energized as our future leaders and the role they will play. Voter Registration Drives Purpose: Give people the opportunity to register to vote as well as membership to NAACP

Martin Luther King Day Celebration January 21-24th Purpose: community involvement, educational workshops for children, adults, students and families in celebration of Martin Luther King and what his life stood for and ways to continue the dream. Dixwell Children's Art's Festival Purpose: Volunteered a day with children in the community where they provided arts, games, crafts, face painting, yoga, health education, and many other activities. Toy Drive Purpose: Collaboration with New Haven's youth chapter of NAACP to collect new toys for less fortunate children during the holiday season.

)

Organization of Latino American Students (OLAS)

Noche De Gala: Purpose is to help out organization fundraise for scholarships for upcoming freshman. OLAS collaborates with Colaje and this annual even is funded by SAFA C.

Quest: Give students from all over Connecticut a tour around Southern's campus. OLAS is in charge of guiding students and providing some workshops to speak with kids individually and inform them on educational concerns or needs.

Panel with Senator Richard Blumenthal: The office of U.S. Senator Richard Blumenthal handled all of the expenses. The purpose of providing the panel discussion is to listen to concerns of Latino students on the following topics: Immigration, Jobs after college, College Affordability, and Student Loans. The NBC news attended also to mediate the Senators discussions.

Film Festival:

)

OLAS showed Latin based films funded by Minority Recruitment Attention Committee, Latino Native Advancement Committee and SGA. The Latino festival is open to the public and is encouraged for students that attend the public schools in the New Haven area.

\ II;~, -

PR.ESIDENT"S CC>lVllVl.ISSIC>N" on Campus Climate and Inclusion

SUB-COMMITTEE ON GENDER AND SEX

President's Commission on Campus Climate and Inclusion Sub-Committee on Sex and Gender Areas of Discussion:

Work/Life Balance: • Elder Care - Best Practice • Child Care- Best Practice • Brown Bag Sessions - sharing of knowledge and resources Child Care Opportunities on Campus History of Child Care on Campus ACE Workplace Flexibility- Sloan Projects for Faculty Career Flexibility: 1. On and off ramps through leave policies/FMLA/Sick Leave 2. Tenure clock adjustments 3. Part-time appointments 4. Phased retirements 5. Renewal Files A report of the child care needs assessment conducted at SCSU during Fall 2013 Submitted by Dr. Michele L. Vancour, Co-Chair of Committee W

Recommendations:

• • •

Revisit child care options for the campus - faculty, staff and students Identify Best Practices Identify a cost structure for each option

Sub-Committee on Sex and Gender

-------------------- Final Recommendations- April 2014

A report of the child care needs assessment conducted at Southern Connecticut State University (SCSU) during fall 2013 Submitted by Dr. Michele L. Vancour, Co-Chair of Committee W February 20, 2014

Child care continues to be a highly valued workplace flexibility accommodation on university campuses across the country. Each of SCSU's ten peer schools (California State/Dominguez Hills, Keane University (NJ), Montclair State University, North Carolina A&T, Northern Kentucky University, State University of West Georgia, University of Nebraska at Omaha, University of Wisconsin at Oshkosh, William Paterson University ofNJ, and Youngstown State University) offer child care on their campuses and provide opportunities for child care centers to operate as lab schools for their students. See Appendix A for a description of the child care programs offered at these institutions. Aspirational schools are designated as such to provide a context in which to evaluate, monitor and inform strategic planning activities. Although the programs and age of children served by these institutions vary slightly, these oncampus child care systems bespeak universities that support a family-friendly culture through which employees and students may realize their potential. SCSU is the only one of the four Connecticut State Universities that does not have a child care center on or immediately off campus to support the caregiving needs of its faculty, staff and students. For eight years, SCSU provided a preschool, the SCSU Child Development Center, but the center closed in

199~.

In 1997, a contract was begun with St. Ann's parish to reserve a set

number of places in their child care center, which was located on Pine Rock Avenue adjacent to the North Campus residence halls. It provided spaces for the children of SCSU students, faculty and administrative staff. It closed 11 years ago, ;md as a remedy, a subsidy of $500 was offered to students needing financial assistance to supplement their day care costs. This supplement continues today. The remaining members of the SCSU community in need of child care along with students receiving or not receiving the supplement are on their own to find quality and affordable child care.

Significance The positive impacts of child care far exceed the costs of services. Employer-sponsored child care is correlated with decreases in reported employee stress and better health among

working parents receiving support when compared to their counterparts who did not receive support. Further, results demonstrated a higher level of work engagement and loyalty towards the employers of supported parents than unsupported parents (Bright Horizons, 201 0). Employersponsored supports positively affect recruitment and retention. A study specific to academia and science shows that two-thirds of faculty say that onsite child care was important in their choice of university and position, and that another 20% turned down offers or decided not to pursue job changes because of their current employer-sponsored child care. Similarly, another study showed that faculty without quality child care were more likely to seek new positions. High-quality child care is a prerequisite to reducing gender disparities in higher education, and essential for universities interested in becoming leaders in education now and in the future (Bright Horizons, 2008). During the spring 2012 semester, SCSU-AAUP administered a Child Care Survey to all faculty. The results of the first 100 responses captured by Survey Monkey show that among the respondents (86% who were parents) 97% felt child care was important, with 94% believing that SCSU students need child care. These results establish a pattern significant with data nationwide -child care is important to employees. Comments garnished from an open-ended item on the survey showed that employees consider the absence of child care to be a barrier to equality and its presence to be a sign from employers that demonstrates an appreciation of children and families, and a commitment to students, faculty, staff and their families (Cunningham, 2012). Overall, the sentiments expressed in the recent survey were thoughtful, insightful, and encouraging for SCSU to join the ranks of other universities who provide on-campus child care for their campus communities. SCSU graduate student mothers suggested that child care tipped the balance scale for them regarding their schooVfamily responsibilities in the results of a 2011 SCSU-based study. A few graduate students discussed situations when unexpected sickness or changes in their usual child care arrangements, left them with having to take time-off from their studies, skip class, or bring their children to class (Vancour, Bulmer & Esteves, 2012). The results of this study also indicated that for several mothers child care on campus would be an advantage, especially in an emergency, to their academic success. Emergency or "drop-in/backup" care, as this type of child care is commonly referred, removes the burden associated with sick children and unsuccessful child care arrangements. Although many campuses across the country have implemented this 2

type of child care program for their students, SCSU has no mechanism in place to support students in similar unexpected situations. The results of four studies between 2003 and 2009 conducted with faculty at each of the CSUs indicated that child care was a priority for working parents. Consistent with the literature, child care was viewed by faculty parents as a critical element to successfully balancing work and family responsibilities. Faculty parents at the three CSU campuses (CCSU, ECSU, and WCSU) providing child care cited its availability as an indispensable, important, and relevant component of the academic community's core identity (Vancour & Sherman, 2009, and Vancour & Sherman, 2010; Vancour, 2009; Vancour, 2011; and Vancour, 2012). Child care repeatedly has been mentioned in forums involving faculty, staff, and students at SCSU; however no formal mechanism assessed the needs of the community until the fall 2013. Child care on campus has the potential to benefit the entire campus and surrounding community. Not only can providing child care on campus result in a connection between early childhood education and higher education, but it also can strengthen the university through economic and societal benefits, increase parent well-being and reduce costs associated with decreased absenteeism, distraction, tardiness, turnover, and dropout among employees and students (Casey & Dobbs, 2007). Research shows that child care is the number one worry for working 1 parents since many parents struggle to find "quality" care they can afford, especially since 201 0 when funding for community child care began to decline. Many universities in Connecticut2, and over 57% of public, four-year universities across the country, provide on-site child care programs that serve students, as well as faculty and staff. Providing quality child care will put SCSU in a better position to contribute to the State's school readiness initiative while potentially enhancing SCSU students' academic experiences and facilitating parents' ability to participate fully in higher education and employment. Providing quality child care services is essential to SCSU's mission3 as it is relevant to students'

The tenn "working" in this context refers to paid and unpaid work, which includes students enrolled full or parttime at the university. 2 When examined in 2012, approximately thirty-eight percent (37.5%) of colleges and universities in Connecticut, including public, private, community colleges, and universities, provide onsite child care centers. 3 "Southern Connecticut State University provides exemplary graduate and undergraduate education in the liberal arts and professional disciplines. As an intentionally diverse and comprehensive university, Southern is committed to academic excellence, access, social justice, and service for the public good" (SCSU, 2012).

access and enrollment, retention, graduation, and future success, as well as faculty recruitment and retention. SCSU is student-centered and committed to student success and life-long learning. Further, student success currently is at the forefront of discussions on campus and around the country. Results of studies suggest student success is improved greatly with adequate child care supports and other strategies. At the end of2013, the U.S. Department of Education, with funds provided through Child Care Access Means Parents in School (CCAMPIS) program, awarded colleges and universities nearly $9.2 million dollars to establish or support nearly 60 campusbased child care programs for low income students as part of a strategy to improve student success. A review of the literature shows that the number of parents enrolling in college is on the rise, and cites child care as one of the major accommodations universities need to provide. Faculty and administrative staff are the frontline making a difference in students' lives and serving as role models, who through innovative practices and strategies empower and impassion students and each other by overcoming challenges to achieve their dreams, which often include working and raising a family. Additionally, when faculty and staff encounter child care issues they are not be able to maintain the level of pedagogy and service today' s students need. There is no doubt that SCSU has the intellectual capability to be a leader in student success initiative, while simultaneously becoming a great place to work and learn. In order to conceive an official proposal for addressing the child care needs of current and future SCSU students, faculty and staff, in the summer of2012 President Papazian requested that a carefully designed study be undertaken to examine child care intentions, behaviors, and barriers. SCSU's Committee for Women (Com W) a subcommittee of the American Association of University Professors (AAUP) was committed to undertaking this study and applied for funds from the SCSU AAUP Chapter. Its generous $5,000 grant award enabled Com W to develop a study that sought evidence to answer the following research questions: (1) What are the intentions of parents with regard to their children's care and early education? (2) What are the child care behaviors of parents? (3) What are the barriers encountered by parents with regard to their children's care and early education?

Child Care Needs Assessment Study It was in the spring 2012 when the CSU-AAUP awarded funds to implement a child care needs assessment at SCSU. The study commenced late that semester, after careful planning. Com 4

W conducted a series of meetings with various campus constituents by identifying campus supports, including student assistants (See Appr~ndix B). Next, this group of key people (See Appendix B) from the university were invited to inform the study and review survey questions. With their recommendations, a final survey (See Appendix C) was created along with a webbased link to facilitate participants' use with thanks to Dr. Michael Ben-Avie in the SCSU Office of Assessment and Planning. Once IRB approval was granted, recruitment and data collection began. During fall 2013, a purposeful recruitment strategy was employed to collect a sample of convenience that included parents who identified themselves as full-time faculty, full-time administrative staff, and full-time or part-time graduate and/or undergraduate students. Public Affairs' staff were extremely helpful by developing flyers, cards and posters (See Appendix D) containing study information and the web-address to the survey. These were posted in key locations on campus, including around the Adanti Student Center, on the shuttle buses, and in the University newspapers. They also were disseminated across campus using interoffice mail to departments, and at tables in the Engleman Hall and the Adanti Student Center. Announcements and links to the survey were placed on SCSU's Facebook and website (See Appendix E). Human Resources added the announcement and link to its website. An alluniversity announcements and reminders were emailed on three occasions as part of a multiwave follow up to encourage participation. These emails were sent on 10/15, 10/31, and 11/20 (See Appendix F). The survey opened on October 15, 2013 and closed six weeks later on November 26, 2013 with 193 members of the SCSU community completing the study. Consent was given with the submission of the survey items on-line. No identifiers were requested or collected for any reason. Basic demographic items were constructed carefully to avoid attaining personally identifiable responses.

Results The survey was completed by 104 faculty, 52 staff and 3 7 students (9 graduate and 28 undergraduate students (See Appendix G for Student Status). Dr. Michael Ben-Avie ran the data analysis, which showed that respondents represented twenty different departments and all five schools. The majority of respondents were female (73%), Caucasian (78%), and 20% were in a dual-career relationship (23% faculty, 11% staff and 26% students). The results demonstrated 5

that most parents are interested in child care that is close to SCSU and that covers infants through school-aged children in need of regular, vacation, and emergency/sick care. Seventy eight percent of employees and students stay home when their children are sick, and 63% stay home when their regular child care is unavailable. When asked how many times on average each month child care causes parents to: -

be late or leave early, 50% said more than once;

miss classes, meetings, 25% said more than once;

sacrifice time for research, 59% said more than once; and

miss professional development opportunities, 59% said more than once.

Further, 27% of respondents reported that they bring their children to work more than once each month. In terms of retention, 52% have considered a reduced work schedule to accommodate their child care needs, and 58% have considered leaving SCSU to accommodate their child care needs. In response to a question that asked if parents would consider enrolling their children in a SCSU child care center, 88% said yes (100% of students said yes). Some of the respondents' children were over age five and attending school fulltime, so this item did not apply, which was reflected in written comments to this item. Responses to other items support the need for information on available child care (48%), access to affordable child care (76%), conveniently located child care (71 %), temporary care (58%), child care for sick children (69%), back-up child care when regular care is unavailable (70%). Possibly the most poignant aspect of this research study were the comments entered by members of the SCSU community. These sentiments demonstrated a consensus that child care is a critical component of a flexible, caring campus culture and should be available for everyone in need, which was echoed by people whose children were older at the time of this study. Also of notable mention were comments that addressed recruitment of employees and students. One of respondents mentioned that child care would increase recruitment and retention of students with children, pointing out that there are supports at some high schools and most community colleges, so students likely will look for universities that also provide child care. In summary, the results support the need for full-time, birth through preschool-age on campus child care. The idea that on average more than half of the respondents find each month that their child care needs cause them to be late or leave early, sacrifice time for research and 6

skip professional development opportunities, is pot surprising but it is discouraging. It is disheartening to know that a quarter of the respondents are missing meetings or classes, and/or bringing their children with them to SCSU when their child care does not meet their needs in order for them to be successful at work and at school. According to the survey, not only have 58% of respondents considered leaving SCSU, but comments suggest many have partners who have left their positions to accommodate their child care needs. This fact alone demonstrates the impact of an environment without adequate supports. Answers to the research questions the 2013 child care study revealed that for the majority of respondents, the intentions ofparents with regard to their children's care and early education are to secure convenient, quality, affordable care that is close to their work/school (SCSU) or with a partner, spouse, or other family member. The majority of responses to the child care

behaviors ofparents, they indicated that their partners or spouses were caring for their children (33%) followed by relative in your home and relative in their home (22% and 20% respectively), and full-time center-based care and after school program (each with 22%). In terms of the

barriers encountered by parents with regard to their children's care and early education, respondents noted lack of information on available child care options, access to affordable, convenient, quality, and dependable child care, as well as child care options for sick children and back-up care. The words of one respondent to the child care assessment study are its best summary,

"A SCSU child care program would be AWESOME!"

Acknowledgements Special thanks to CSU-AAUP for funding this assessment, and to Linda Cunningham, Sheila Garvey and members of Committee W, Michael Ben A vie, Marianne Kennedy, Tracey Tyree, Betsy Beacom, Tom Dorr, Mary Pat Caputo, Barbara Kagan, Sandy Bulmer, Adam Goldberg, Beena Achhpal, Rosalyn Amenta, Marie McDaniels, Cathy Christy, Diane Tourangeau, Patricia Zibluk, and Bina Walker for their important roles in supporting the 2013 SCSU child care needs assessment study.

References Bright Horizons. (2008). Advancing the degree of support for families in academia. Watertown, MA: Bright Horizons. Bright Horizons. (2010). Enhanced employee health, well-being, and engagem_ent through dependent care supports. Watertown, MA: Bright Horizons. Casey, J. & Dobbs, J. (2007). Employer-supported child care. Sloan Work and Family Research

Network Effective Workplace Series. 8. Retrieved October 1, 2012 from http://workfamil y .sas. upenn.edu/sites/workfamily. sas. upenn.edu/files/imported/pdfs/EW S_ESCC.pdf. Cunningham, L. (2012). [SCSU-AAUP Child Care Survey]. Unpublished raw data. Southern Connecticut State University. (n.d.). Mission statement. Retrieved October 7, 2012. from http://www. southemct.edu/aboutscsu/presidentspage/mission/. Vancour, M. (2011, May 20). Academic dads balance from the sidelines waiting for change. Annual meeting of the College and University Work-Family Association, San Diego, CA. Vancour, M., Bulmer, S., & Esteves, N. (2010, May 6). The impact of graduate school

education on women 's work/life balance and the revolutionary implications for change on campus. Annual meeting of the College and University Work-Family Association, Boston, MA. Vancour, M. & Sherman, W. (2009, November 8). Academic dads balance from the sidelines

waiting to get in the game. Work, Stress, and Health 2009: Making a Difference in the Workplace, Annual meeting of the American Psychological Association, Puerto Rico. Vancour, M. L. (2012). Academic mothers climb the ladder of promotion and tenure one rung at a time. In Lynn O'Brien Hallstein and Andrea O'Reilly (Eds.). Academic Motherhood

in a Post-Second Wave Context: Challenges, Strategies and Possibilities. Bradford, Ontario: Demeter Press. Vancour, M.L. & Sherman, W.M. (2010, August). Academic life balance for mothers: Pipeline or pipe dream? In Andrea O'Reilly (Ed.), Mothering at the 21st century: Identity, policy,

experience and agency. New York, NY: Columbia University Press. Vancour, M.L. (2009). Academic motherhood, balance, and health behavior. Journal of the

Association/or Research on Mothering, 11 (1), 151-166.

Appendix A: Comparison of Child Care Services at Peer Institutions Peer Institution

Type of Care Provided

California PT and FT child care with flex State/Dominguez scheduling offered Hills Keane Daytime hours for children ages 2.5 University, NJ to 5 years; and evening care for children from 2.5 to 12 years of age Montclair State Daytime and early evening hours, University, NJ hybrid child care and education with early intervention (birth- 3, inclusive special education preschool program, inclusive early care 12 weeks- 5) North Carolina FT day child care program; 2.5-3.5 A&T year and 3.5-5 year curriculum based programs Northern Full day for children ages 2 to 5 Kentucky years; half day nursery school for University children ages 2 to 3 Y2 years; sununer enrichment program for children ages 6 to 14 years State University Pre-K program for children age 4 of West Georgia by Sept. 1st of that year

University of Nebraska at Omaha University of Wisconsin at Oshkosh

PT and FT, toddler, transition and preschool programs, plus summer school-aged _Q_rogram PT and FT, newborn- 3 years, integrated early childhood and kindergarten pro grams in collaboration with Oshkosh area school district William Paterson FT Pre-K Program (ages 3-6): University ofNJ minimum hours- 9:00am-3:00pm. Extended hours available: 7:309:00am and/or 3:00-4:30 pm Youngstown PT and FT private multisite daycare State University, (site on YSU campus); early OH morning to late evening with flex scheduling; infant, toddler, preschool, kindergarten readiness, before and after school care

Population Served Student, faculty, staff; children ages 2.9 (toilet trained) to 10 years of age Student, faculty, staff and conununity; children ages 2.5 (toilet trained preferred) to 10 years of ag_e Student, faculty, staff and conununity; children from birth to 5 years of age

Student, faculty, staff and conununity; children from 2.5 (toilet trained preferred) to 5 years of ag_e Student, alumni, faculty, and staff; children from 2 to 5 years

Student, faculty, staff and conununity with 22/66 total spaces reserved for university students and employees. All pre-k Student, alumni, faculty and staff; children from 18 months (toilet trained) to 12 years of age Student, faculty, and staff; children from birth to 6 years of age (up to 8 years of age in the summer)

Student, faculty, staff children ages 3 to 6 years; priority given to students with slots available for conununity. Student, faculty, staff, alumni, and conununity; children ages 6 weeks to 12 years

Appendix B: List of Key People Providing Information on Study

Beena Achhpal, Eduction/Early Childhood Education Rosalyn Amenta, Student Affairs and Committee W Betsy Beacom, Public Affairs Catherine Christy, Women's Center Linda Cunningham, AAUP and Committee W Sheila Garvey, Theater and Committee W Adam Goldberg, Elementary Education Marie McDaniels, History and Committee W Diane Tourangeau, Education and Clerical Union Patricia Zibluk, SPAR

Appendix C: SCSU Child Care Assessment Survey 1. Please indicate your current status below: D Planning first child D Infant under 12 months D Child aged 12 months- 35 months D Child aged 36 mos/3 years- 5 years 0 Child aged over 5 years but under 10 years 0 Child aged 10 years but under 13 years 0 Child aged 13 years and older 2.

Where do you most prefer child care be located? (select one) 0 Inmyhome 0 Close to home 0 Close to my child's school 0 Close to my work/SCSU 0 Close to my spouse/partner's work D No preference 0 Other (Please note: _ __ _ _ __ _ _ _ _ _ _ _ __ _ __ _ _ ____,

3. When do your child/children require child care? (Select all that apply) D Care before 7:30AM D Care for all or part of7:30 AM to 6:00PM 0 Care after 6pm D Different hours due to a rotating shift 0 Full time (5 days a week) 0 Half days (5 days a week) 0 Half days less than 5 days a week D Partial week (2 or 3 times a week) 0 Before and after school care 0 Weekends 0 Holidays 0 Summer 0 Sick child care 0 Other (Please note: 4. Which child care programs are currently used? (check all that apply) 0 Spouse/partner 0 Relative in your home D Relative in their home D Live in nanny 0 Live out nanny D Full-time, center-based care ' D Part-time, center-based care D Full-time, home-based care D Part-time, home-based care

0 0 0 0

Preschool/K.indergarten readiness school Before school program After school program Other (Please specify: _ _ _ __ _ __ _ _ _ _ _ _ __ _ __

5. How do you meet your child's needs when a child is sick? (check all that apply) 0 My usual in-home care provider includes sick child care 0 I stay home from work/classes 0 My spouse/partner stays home from work/classes 0 My spouse/partner is home full-time 0 My usual child care includes sick child care 0 A relative, friend, or babysitter cares for my sick child 0 I bring my child to work/classes 0 My spouse/partner brings my child to work/classes

0 Other (Please n o t e : - - - - - - - - - - - - - - - - - - - - - - - - ' 6. How do you meet your child care needs when your regular child care is unavailable (closed for holidays/vacations)? (select all that apply) 0 My child care is always available. 0 I stay home from work/classes 0 My spouse/partner stays home from work/classes 0 My spouse/partner is home full-time 0 A relative, friend, or babysitter takes care of my child 0 I bring my child to work/classes 0 My spouse/partner takes our child to work/classes

Other (Please n o t e : - - - - - - - - - - - - - - - - - - - - - - - >

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7. Please rate the level of importance of the following aspects of child care programs. Somewhat V ety important Important important Hours of operation (start and end of day hours) - Early start time before 7am - End time after Spm - Late end time after 7pm Location of care Cost/Affordability Reliability Program quality Flexible scheduling options Staff-child ratio School vacation care Cleanliness of the facility Age appropriate programming and materials Snacks and meals provided Emergency care available Outdoor play area Security Infant care available School-a_g~d child care available Parent education/support 8.

Not important

On average, how many times does child care cause you to ... None

1-2

3-4

Over 5

... be late for work or leave early ... miss regularly scheduled teaching assignments ... lose time that would go toward research ... miss faculty meeting or other academic responsibilities . .. miss professional development opportunities ... miss clinical responsibilities ... bring your child to work 9. Have you considered a reduced work/class schedule due to child care issues? D Yes D No

I 0. Have child care issues due to the availability or af'fordability of child care caused you to question whether you should stay working or enrolled in classes at SCSU? D Yes D No 11. Rate the level of difficulty you have faced with respect to finding the following. If the response option does not apply to your situation please select N/A.

No difficuLty

Minor difficu!nt_

Major difficulty

N/A

Information on child care availabilty Affordable child care Conveniently located child care Temporary care Quality of care Dependability of care Scheduling child care to match work/class schedule Transportation to and from care Child care for a sick child Back-up care when regular child care provider is unavailable Child care with early drop-off or late pick-up Before school care After school care Child care during non-traditional hours (nights, weekends, evenings, holidays, etc.) Child care to match work schedule Child care for a special needs child Child care for an infant (under 2 years) Child care for a 2 year old Child care for a 3-5 year old 12. If availability and cost were not issues, what types of child care would you prefer most for each of your child/children? (select all that apply) D Spouse/partner D Relative in your home D Relative in their home D Live in nanny D Live out nanny D Licensed family home care D Full-time, center-based care off campus D Full-time, center-based care on campus D Part-time, center-based care off campus D Part-time, center-based care on campus D Nursery school D Before-school program D After-school program D Other (Please note:

13. If child care space was available to you on-campus during the hours you require and for the type and quality of child care you require, would you enroll your child/children? 0 Yes 0 No 14. What is your approximate annual child care cost for each child? 15. What is your awareness of the following services at SCSU?

Not aware/ not offered

Aware/ not used

Used

Nursing mother room Leave of absence Part time schedule Child care resources Child care subsidy For employees only Flex time Telecommuting Phased retirement Voluntary reduced work time Family Medical Leave Act (FMLA) Summer hours Dependent care pre-tax Adoption assistance Elder care resources Employee Assistance Program (EAP) Sick leave for family Employee discounts for services Employee discounts for events Tuition waiver/exchange 16. Gender 0 Male 0 Female

17. What is your race/ethnicity? 0 Asian/Pacific Islander 0 Hispanic/Latino 0 American Indian/Alaskan Native 0 Black 0 White

Other (Please s p e c i f y : - - - - - - - - - - - - - - - - - - - - - - - '

18. Do you have a spouse/partner at SCSU? 0 Yes 0 No

Ifyou are a STUDENT, answer items 19 and 20. If not, move to item 21. 19. Whatisyourmajor? _ _ _ _ _ _ __ _ __ _ __ _ 20. Which best describes your SCSU status?

D D D D D

Graduate Student Senior Junior Sophomore Freshman

Ifyou are FACULTY, answer items 21 and 22. If not, move to item 23. 21. Which school are you in? _ __ _ _ __ _ _ __ __ 22. How long have you been at SCSU? D 0-5 years D 6-10 years D 11-20 years D 20-30 years

D More than 30 years

Ifyou are ADMINISTRATIVE STAFF, answer items 23 and 24. 23. What division are you in? - - - - - -- - -- -- -

24. How long have you been at SCSU? D 0-5 years D 6-10 years D 11-20 years D 20-30 years D More than 30 years 25. Please add any comments or additional information you would like us to know relative to child care at

scsu.

Appendix D: Child Care Study Flyer

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Appendix E: Facebook and Website Announcements

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DYNAMIC, D!VER5E, OEOicATED TO STUDENT SUCCESS.

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Appendix F: All-University Email Announcement

Campus Child Care Survey

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If you haven't already, please take the Campus Child Care Survey today (link is below} and share the link with SCSU friends and colleagues who have children or are planning to have children. If you have any questions, contact Michele Vancour, vancourml@southernct.edu. Thank you!

Take the Survey <http://www.southernct.edu/go/childcaresurvev>

Appendix G: Student Status

so 40 30

• Graduate Student • Senior • Junior

20 10

• Sophomore • Freshman

0 Note: Total students, n=37; Graduate students (23%), Seniors (40%), Juniors (27%), Sophomores (7%1 and Freshmen (3%1

•

Alfred P. Sloan Projects for Faculty Career Flexibility

This series of projects highlights and rewards institutions that effectively recruit, retain, and advance faculty in their careers as a means of developing institutional capacity.

Since 2003, the American Council on Education (ACE), in partnership with the Alfred P. Sloan Foundation, has been investigating the structural and cultural changes necessary to increase flexibility in faculty careers. We believe these changes will assist institutions in recruiting and retaining highly talented and diverse faculty members. Two important outcomes from these projects have been An Agenda For Excellence and the Alfred P. Sloan Awards for Faculty Career Flexibility. We have also created a Toolkit for Faculty Career Flexibility. Definition of Faculty Career Flexibility For the purposes of the Sloan Awards for Faculty Career Aexibility, the Alfred P. Sloan Foundation has suggested these policies as examples of best practices in career flexibility:

• • • • •

• •

On- and off-ramps, through leave policies . Extended time to tenure (tenure clock adjustment) . Shortened time to tenure, with pro-rated standard of productivity . Active service, modified duties (full-time service, with selected reduced duties) . Part-time appointments (allowing mobility between full-time and part-time work) . Phased retirement (partial appointments for finite periods of time) . Delayed entry or re-entry opportunities (including practices that foster later-than-usual career starts).

Why the Need for Faculty Career Flexibility? Since 2002, women have earned more than half of all the Ph.D.s awarded to Americans at U.S. universities, yet fewer than half of them pursue tenure-track positions at American colleges and universities. Among those who do, only about one-third achieve tenure and less than one-quarter advance to the rank of full professor. For female faculty who take on tenure-track positions, the obstacles can continue. Many find that their careers are severely hampered by having and raising children, particularly during their tenure-track probationary period. In addition, women are significantly more likely than men to feel they have to

sacrifice a family life to succeed in their academic careers. However, studies show that younger men want to be more involved in their family lives so this is increasingly an issue that affects men as well as women faculty. In addition, as the population ages, many faculty are called on to care for their elderly parents and relatives, so these issues affect faculty of all ages. Given these conditions, flexible career policies and programs are becoming ever more necessary as a means of helping meet the needs of an increasingly diverse faculty. Such practices also help advance institutional goals, such as improved recruitment and retention and maintaining academic competitiveness in a global market.

Initiatives Our initiatives include:

• • •

View our Past Initiatives page to follow award-winning institutions as they implement faculty career flexibility initiatives on their campuses. Faculty Retirement Transitions: Exploring how institutions support faculty retirement (including the culminating stages of faculty careers), the development of a legacy, the transition into retirement, and the continuing inclusion of emeriti faculty within the academic community. lnvcs!lgaLing Career lcxibjll ty for Fn · ul t) in A ademic Medicine: These awards seek to recognize outstanding medical schools for their practices in creating multiple pathways for career success for academic clinicians and basic scientists. ACE will document and disseminate best practices discovered during the awards process in both the structures and culture within this sector of higher education so that other medical schools may replicate them.

Program Staff

Claire Van Ummersen Senior Advisor

Jean McLaughlin

Associate Director Contact us about Alfred P. Sloan Projects for Faculty Career Flexibility

National Challenge for Higher Education: Retaining a 21st Century Workforce The National Challenge for Higher Education is an opportunity for presidents to be involved in a national campaign to promote faculty career flexibility.

. the campa1gn . . the statement an d Jom S1gn

More >

Statement of Support for Expanding Workplace Flexibility Based on extensive research in the private sector 1 and ACE's own experience in assisting institutions in working toward workplace flexibility in the last 10 years, we believe that well-implemented supports for workplace flexibility lead to improved recruiting, increased faculty commitment and engagement, greater productivity, reduced turnover, and reduced stress. These factors help to increase institutional capacity to advance the mission and to meet strategic goals of diversity and inclusion by supporting a harmonic workplace culture that fosters academic excellence. Furthermore, we believe that flexible work practices contribute not only to retention but also to productive work environments and effective work processes. Satisfied faculty perform at higher levels, which leads to increased grant revenues and improved quality of instruction. These indicators of academic excellence foster better outcomes for our students and other constituencies we serve. We believe that supporting flexibility must become a core leadership competency to enable our faculty to meet the increasing demands of twenty-first-century workplaces and to meet their personal and familial responsibilities . We believe that our institution's continued success requires flexibility in our approach to avenues of academic excellence and to meeting faculty needs. Presidential leadership is critical to successful team efforts in expanding workplace flexibility. We therefore commit to provide leadership to: • •

• •

Advance excellence by developing flexibility as a tool to enhance recruitment, retention, and advancement of faculty within our institution; Actively communicate the institutional importance of workplace flexibility and implement policies and practices to keep pace with societal change while advancing gender, racial, and ethnic equity; Educate and support key academic leaders (department chairs, deans, etc.) in developing and strengthening their skills for managing career flexibility; and Develop workplaces in which flexibility is an integral part of the culture of the institution, where flexibility is broadly and equitably implemented and available to faculty at every phase of their career from recruitment to retirement.

The following Coalition Partners have signed the statement and joined the campaign: Our 10 Founding Coalition Partners:

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

John J. DeGioia, president, Georgetown University (DC) Mildred Garcfa, president, California State University, Fullerton Freeman A. Hrabowski III, president, University of Maryland, Baltimore County Linda P.B. Katehi, chancellor, University of California, Davis Renu Khator, chancellor, University of Houston System, president, University of Houston (TX) William E. Kirwan, chancellor, University System of Maryland David Maxwell, president, Drake University (IA) Lynn Pasquerella, president, Mount Holyoke College (MA) Steven G. Poskanzer, president, Carleton College (MN) Lou Anna K. Simon, president, Michigan State University

Our Additional Coalition Partners: 11. Lex 0. McMillan, III, president, Albright College (PA) 12. Daria A. Cortes, president, Berkeley College (NJ) 13. Scott D. Miller, president, Bethany College (WV) 14. Mickey L. Burnim, president, Bowie State University (MD) 15. Thorn D. Chesney, president, Brookhaven College (TX) 16. J. Michael Ortiz, president, California State Polytechnic University, Pomona 17. Horace Mitchell, president, California State University, Bakersfield 18. John Garvey, president, The Catholic University of America (DC) 19. Mortimer H. Neufville, president, Coppin State University (MD) 20. Harry Lee Williams, president, Delaware State University 21. Nancy A. Roseman, president, Dickinson College (PA) 22. Lee Pelton, president, Emerson College (MA) 23. Luther F. Carter, president, Francis Marion University (SC) 24. Jonathan C. Gibralter, president, Frostburg State University (MD) 25. Angel Cabrera, president, George Mason University (VA) 26. G.P. "Bud" Petersen, president, Georgia Institute of Technology 27. Janet Morgan Riggs, president, Gettysburg College (PA) 28. Raynard S. Kington, president, Grinnell College (IA) 29. Michael A. McRobbie, president, Indiana University 30. Jonathan R. Alger, president, James Madison University (VA) 31. Ricardo R. Fernandez, president, Lehman College, City University of New York 32. Fred P. Pestello, president, Le Mayne College (NY) 33. James D. Evans, president, Lindenwood University (MO) 34. Michael Garanzini, SJ., president, Loyola University Chicago (IL) 35. Brian Rosenberg, president, Macalester College (MN) 36. Jon C. Strauss, president, Manhattanville College (NY) 37. Ronald D. Leibowitz, president, Middlebury College (VT) 38. Thomas H. Powell, president, Mount St. Mary's University (MD) 39. Dean L. Bresciani, president, North Dakota State University 40. John D. Haeger, president, Northern Arizona University 41. Marvin Krislov, president, Oberlin College (OH) 42. Christopher G. Maples, president, Oregon Institute of Technology 43. Edward John Ray, president, Oregon State University 44. Sara Jayne Steen, president, Plymouth State University (NH) 45. Wim Wiewel, president, Portland State University (OR) 46. Charles R. Middleton, president, Roosevelt University (IL) 47. William R. Kauffman, president, Saint Louis University 48. Janet Dudley-Eshbach, president, Salisbury University (MD) 49. Mohammad Qayoumi, president, San Jose State University (CA) 50. Mark Schulman, president, Saybrook University (CA) 51. Philip A. Glotzbach, president, Skidmore College (NY) 52. Kathleen McCartney, president, Smith College (MA)

53. Mary A. Papazian, president, Southern Connecticut State University 54. Rita Hartung Cheng, chancellor, Southern Illinois University 55. Erik J. Bitterbaum, president, SUNY Cortland 56. John F. Williams, president, SUNY Downstate Medical Center 57. L. Jay Lemons, president, Susquehanna University (PA) 58. Nancy Cantor, chancellor, Syracuse University (NY) 59. M. Duane Nellis, president, Texas Tech University 60. Donna Price Henry, chancellor, The University of Virginia's College at Wise 61. Maravene S. Loeschke, president, Towson University (MD) 62. G. David Gearhart, chancellor, University of Arkansas 63. Robert L. Bogomolny, president, University of Baltimore (MD) 64. Mark G. Yudof, president, University of California (CA) 65. Nicholas B. Dirks, chancellor, University of California, Berkeley 66. Michael V. Drake, chancellor, University of California, Irvine 67. Gene D. Block, chancellor, University of California, Los Angeles 68. Dorothy Leland, chancellor, University of California, Merced 69. Jane Close Conoley, chancellor, University of California, Riverside 70. Pradeep K. Khosla, chancellor, University of California, San Diego 71. Susan Desmond-Hellmann, chancellor, University of California, San Francisco 72. Henry T. Yang, chancellor, University of California, Santa Barbara 73. George Blumenthal, chancellor, University of California, Santa Cruz 74. Patrick T. Harker, president, University of Delaware 75. Antoine M. Garibaldi, president, University of Detroit Mercy (MI) 76. William A. Staples, president, University of Houston-Clear Lake (TX) 77. William V. Flores, president, University of Houston-Downtown (TX) 78. Devorah A. Lieberman, president, University of La Verne (CA) 79. Jay A. Perman, president, University of Maryland, Baltimore 80. Donald Boesch, president, University of Maryland, Center for Environmental Science 81. Wallace D. Loh, president, University of Maryland, College Park 82. Juliette B. Bell, president, University of Maryland, Eastern Shore 83. Javier Miyares, president, University of Maryland, University College 84. Robert L. Caret, president, University of Massachusetts 85. Donna E. Shalala, president, University of Miami (FL) 86. Ronald T. Brown, president, University of North Texas at Dallas 87. David M. Dooley, president, University of Rhode Island 88. Vistasp M. Karbhari, president, University of Texas at Arlington 89. Michael K. Young, president, University of Washington 90. Tori Haring-Smith, president, Washington & Jefferson College (PA) 91. Kenneth J. Ruscio, president, Washington & Lee University (VA) 92. James W. Schmotter, president, Western Connecticut State University 93. Jayne Marie "Jamie" Comstock, president, Winthrop University (SC) 94. Michael J. Graham, SJ, president, Xavier University (OH)

Faculty Issues

Making the Business Case: The Imperative for Supporting and Promoting Workplace Flexibility in Higher Education Examples of Workplace Flexibility in Higher Education

•

• •

Best practices for faculty career flexibility include programs and policies that work to create, implement, evaluate, and sustain flexibility. These efforts can include assessment, training of gatekeepers, creating campaigns and collateral materials, and measuring and rewarding usage of policies. . Implementing these flexible policies and programs would also comply with new National Institutes of Health (NIH) guidelines, which allow recipients to use grant money for supplementing faculty dependent care, providing child-care resources at NIH-funded conferences, and allowing for on-ramp funding for research. In addition to NIH's policies, the White House, the National Science Foundation (NSF), the Association of American Universities, and the Association of Public and Land-grant Universities have also pledged their support to workplace flexibility in higher education. Some examples of flexible policies and practices are listed below: o o o o o

•

Dual-career policies Web page dedicated to listing flexible options, such as on-ramps to career opportunities Tenure clock adjustment Tracking tenure outcomes for faculty who stop the tenure clock Memoranda of Understanding clarifying expectations for both faculty members and their institution during faculty leaves o Paid leaves for biological or adoptive mothers o Paid leaves for biological or adoptive fathers o Parental leave for same-sex and opposite-sex couples when a partner gives birth or adopts o Partial relief from duties with no reduction in pay o Equity study on paid and unpaid leaves o Part-time appointments for tenure-track and tenured faculty o Phased retirement o Committee on addressing career flexibility o Training for department chairs on career flexibility o Communications campaign to publicize flexible options o Holding administrators responsible for equitable usage of flexible career options o Reducing biases for users of flexible career options For more details, please visit ACE's Toolkit for Faculty Career Flexibility.

Revitalizing and Retaining Faculty

•

Providing faculty these flexible policies and programs allows them to be less stressed and reduces burnout, which in turn improves the quality of instruction for students. Flexible work arrangements allow for faculty to be more productive regarding the number of grants that they

•

bring in, thus benefiting the institution. Flexible work arrangements also improve morale and employee relations. A study conducted by the Families and Work Institute found that 44% of Americans were overworked. These overworked employees self-reported that they made more mistakes at work, felt increased levels of stress and resentment, and experienced poorer health (Families and Work Institute, 2004b). Flexible policies are no longer just for women; they are important for recruiting and retaining men in the workforce as well. A 2013 Pew Research Center study showed that fathers with children younger than 18 are now about as likely as mothers to say they feel pressed for time and have difficulty balancing the demands of work and home. Far more fathers say they feel they aren't spending enough time with their children: 46 percent, as compared with 23 percent of mothers. The report also found that fathers are less likely than mothers to feel that they're doing a good job as a parent. Revitalizing faculty also applies to senior faculty. The contributions of senior faculty can be immense, as these individuals are often the principal investigators on grants, usually hold senior administrative positions, and provide mentoring to junior colleagues on teaching philosophies and techniques (Bataille & Brown, 2006).

Promoting Inclusion and Diversity •

Faculty career flexibility promotes inclusion and diversity. The changing demographics in the United States show that minorities are roughly one-third of the U.S. population, and are expected to become the majority by 2042 (U.S. Census Bureau, 2008). There are now four distinct generations working side by side, and there is an increasing number of dual-income families and single working mothers. Institutions need to adapt to promote success for these individuals. The key to advancing inclusion and diversity is to provide work/life flexibility for faculty, so they can have the appropriate flexible work arrangements and, in turn, be engaged, productive, and satisfied in their academic careers.

Remaining Competitive Internationally

•

The United States is at risk of losing talented faculty to other nations' universities and colleges, where there is more work/life balance available. A 2012 Organisation for Economic Co-operation and Development study investigated two indicators: 1) time spent on leisure and personal care, and 2) number of overworked employees. The U.S. ranked 30 out of 36 for the first indicator and 27 out of 36 for the second indicator. Thus, U.S. workers have less leisure time and work more hours than their OECD counterparts. A 2010 International Labour Organization study of 167 countries showed that only five-the United States among them-did not provide cash benefits to women during maternity leaves. While the United States offers employees 12 weeks of unpaid maternal leave, several developed countries offer multi-week 100% paid maternal leave, ranging from 12 weeks to 36 weeks (i.e., Austria, Denmark, Estonia, France, Germany, Greece, Israel, Latvia, Lithuania, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Slovenia, and Spain).

Keeping up with the Private Sector While the United States in general falls behind other countries regarding work/life balance, the higher education sector lags behind the sector to which it loses many of its most talented faculty: the business sector. The latter typically takes a more aggressive role in women's advancement initiatives, diversity initiatives, mentoring, networking, generational diversity management, and team effectiveness approaches (Alliance for Work-Life Progress, 2011). In turn, this allows for the business sector to be able to recruit and retain the best candidates available.

• •

The business sector offers more options for flextime, telecommuting, and compressed workweeks, along with more options for part-time schedules,job sharing, and phased returns from leave (Alliance for Work-Life Progress, 2011). For example, the Boston Consulting Group (BCG), which focuses heavily on recruiting and retaining women, offers part-time options and creates a culture in which these options are utilized. Lucy Brady, a BCG partner and mother of three, states that "she was appointed partner while working part-time at the firm, which she has done for 10 out of 15 years" (Kwoh, 2013).

Recruiting and Retaining Future Generations •

• •

It is important to make colleges and universities an attractive place to work for future generations . Recruiting and retaining Generation Y (those born between 1981-2000) may prove to be harder than previous generations-out of 1,007 generation Y workers polled, 73 percent said that they worry about balancing professional and personal obligations (Yahoo! HotJobs & Robert Half International, 2008). Fifty percent of Generation Y and 52 percent of Generation X (those born between 1965-1980) describe themselves as family-centric, compared with 41 percent of baby boomers (those born between 1946 and 1964) (Families and Work Institute, 2004a). In addition, Generation Y workers expect to have more frequent job and career changes, meaning that it will be harder to retain them at one place of employment (Yahoo! HotJobs & Robert Half International, 2008).

Saving the Institution Money

•

Providing work/life balance for faculty increases the rate of retention, which in turn saves the institution money. Sustaining these initiatives over the long term will end up being a worthwhile investment. Examples of the models of cost-benefit analyses for faculty turnover rates can be found below.

Models of Cost-Benefit Analyses for Faculty Turnover Iowa State University's Model Through a National Science Foundation "ADVANCE" grant, Iowa State University created a template for determining the monetary cost analysis of their tenure clock extension policy, broken down by four different department categories (listed as A,B,C, and Din the charts below). Their findings showed an average savings of $83,099 by retaining one faculty member through flexible policies, rather than having to hire a new faculty member (Gahn & Carlson, 2008). Their model is shown below, and can also be found here. Cost-Benefit Analysis Search Committee Costs Sub-Total 1 On-Campus Interview Costs Sub-Totaf Advertising & Covered Classes Costs3 Average Assistant Professor Start-Up Costs FY 2003-FY 2006 Sub-Total 4 Average Cost to Hire One New 9-Month Assistant Professor (Tenure-Eligible) Average Cost to Retain One 9-Month Assistant Professor from FY 2006-FY 2007 Sub-Total Estimated Staff Cost (Central) to Administer Flexible Policies 5 Total Cost to Maintain Faculty with Aexible Policies6 Dollars Saved with Flex Policy Retention vs. Hiring New 7

$6,872 $2,711 $53,084 $310,621 $373,288 $65 ,946 $625 $66,571

$8,065 $4,788 $59,978 $310,472 $383,304 $78 ,516 $625 $79,141

~ ~

$ ~

$ $

$306,717 $304,162 $

Notes: 1. 2. 3. 4. 5. 6. 7.

See Table 1 See Table 2 See Table 3 See Table 4 See Table 5 See Table 6 Does not include salary savings for vacant positions, but dollars were calculated and appear in Table 7

Table 1: Search Committee Costs of Hiring One TenureEligible Assistant Professor Number of Committee Members Average of All Faculty 9-Month Salary Equivalent FY 2006 Length of Search in Days Average Search Committee Hours Spent Per Week Hours Spent on Search (Average of All Colleges) Average Faculty Hours Worked Per Week Committee Member Percent of Year Opportunity Cost Committee Member Opportunity Cost Committee Costs Sub-Total

Average

5 5 5 5 5 $84,651 $99,343 $70,546$61 ,848 $79,697 199 195 131 180 171.4 2 2 2 2 2 48.97 48.97 48.97 48.97 48.97 58 58 58 58 58 1.624% 1.624% 1.624% 1.624% 1.624% $1,374 $1,613 $1,145 $1,004 $1,294 $6,872 $8,065 $5,727 $5,021 $6,470

A B c D Average Table 2: Interview Costs of Hiring One Tenure-Eligible Assistant Professor Average Number of On-Campus External Candidates Interviewed 3.38 5.97 2.53 4.23 3.831 Per Search Average Domestic Airfare FY 2006 $436 $436 $436 $436 $436 $38 $38 $38 $38 $28 DSM Airport to Ames Ground Travel Cost $89 $89 $89 $89 $89 Average Ames Hotel Cost Per Night FY 2006 $75 $75 $75 $75 $75 Food, Per Diem Estimate FY 2006 2 2 2 2 2 Number of Days on Campus $2,711 $4,788$2,029$3,392$3,072 On-Campus Interview Costs Sub-Total

Table 3: Advertising & Covered Classes Costs of Hiring One Tenure-Eligible Assistant Professor Average Advertising Costs Per Search

$1,084 $1,144 $967

$454

Average

$751

Average FfE Lecturer Salary FY 2006 Advertising & Covered Class Costs

$52,000 $58 ,834$38,798 $32,330 $47,517 $53,084$59,978 $39,765 $32,784 $48,352

Table 4: Summary of Start-Up Costs to Hire One TenureA B C D Average Eligible Assistant Professor Average Assistant Professor Starting Salary FY 2003-2006 $63,857 $71 ,745 $53,793 $46,433 $63,357 Average Assistant Professor Start-Up Costs* FY 2003-2006 $246,764$238,727$39,432 $17,918 $115,406 Average Assistant Professor Salary and Start-Up Costs FY 2003-2006 Sub-Total

$ 310 ,621 $ 310 ,472$93,225$64,351$167,222

*Start-up costs include: computer/peripherals, lab space/equipment, graduate assistants, summer support, moving expenses, research support, other

Table 5: Cost of Maintaining One Tenure-Eligible Assistant A B C D Average Professor Average Assistant Faculty Nine-Month Salary FY 2006 $63,951$75,883$56,046$48,991$64,093 Average Annual Percent Salary Increase 3.12% 3.47% 2.70% 3.02% 3.26% Average Annual Salary Increase in Dollars $1,995 $2,633 $1,513 $1,480 $2,127 Maintenance Costs Sub-Total $65,946$78,516$57,559$50,471$66,220

Table 6: Flexible Faculty Career Program Administrative Costs Number of Administrative Staff (FfE Equivalent) Central Administrative Salary Costs Hours Spent Per Week Processing Requests Average Administrative Hours Worked Per Week Administrator Annual Percentage Cost Administrative Staff (Central) Cost Per Faculty

Table 7: Position Vacancy Salary Savings Length of Search in Days Time from Hire to Start in Days Average Percentage of Year Position Vacant Average Assistant Faculty Nine-Month Salary FY 2006 Average Salary Savings Per Vacancy

Average

1 I 1 1 1 $50,000 $50,000 $50,000 $50,000 $50,000 050 050 050 050 050 40.00 40.00 40.00 40.00 40.00 1.25% 1.25% 1.25% 1.25% 1.25%

$625

A 199 105 0.83 $63,951

$625

B 195 113 0.84 $75,883

C 131 117 0.68 $56,046

$625

D 180 171 0.96 $48,991

$625

Average 171.4 127.8 0.82 $64,093

$53,263 $64,033 $38,081 $47,112 $54,059

Ernest Schloss's Model Ernest Schloss analyzed faculty turnover rate and cost at 19 departments within the University of Arizona College of Medicine over a five-year span (Schloss, Flanagan, Culler, & Wright, 2009). Schloss found that the turnover rates ranged from 4.9 percent to 8.3 percent per year. To calculate the annual turnover rate, he used the following formula: Number of faculty leaving the institution in any given year the same year

Total# of faculty with appointments in

His model for determining turnover costs involved studying recruitment costs, hiring costs, and lost clinical income costs. Adding these three variables together, and using data from the departments of medicine and surgery based on completed searches during 2005, Schloss was able to determine the mean cost of replacement for one individual in three different categories of faculty: Category of Faculty Generalists Subspecialists Surgeons

Number of Completed Searches 1 9

Cost per Search $115,554 $286,503 $587,123

Mean Cost of Replacement of One Individual $115,554 $2,578,527 $4,109,875

It should be pointed out that the calculations do not attempt to take into account the stress and loss of productivity involved in the turnover process. Deane Waldman's Model Deane Waldman's template for cost/benefit analysis calculates turnover costs by categorizing the phases of employment: hiring, training, working, and termination. He looked at the sum of three factors: hiring (time spent in the selection, recruitment, and preparation of candidates), training of new candidates, and the cost of reduced productivity (CoRP). From this, he created a formula for calculating the cost of turnover: Hire+ train + CoRP =Cost of replacement. Based on his formula and a case study that he conducted with a medical school and university hospital, during which he analyzed the payroll records over a period of time, Waldman found that turnover costs represented an expenditure of about five percent of annual operating budgets (Waldman, Kelly, Arora, & Smith, 2004).

Resources Alliance for Work-Life Progress. (2011). Seven categories of work-life effectiveness. Retrieved from http://www .awlp.org/pub/work-life categories.pdf American Council on Education. (n.d.). Toolkit: Faculty career flexibility. Retrieved from http://www .acenet.edu/Jeadershi p/programs/Page-~ff ool kit- Faculty-Career- Flexi bilitv .aspx Bataille, G .M., and Brown, B.E. (2006). Faculty career paths: Multiple routes to academic success and satisfaction. Lanham, MD: Rowman & Littlefield Education. Committee on Maximizing the Potential of Women in Academic Science and Engineering, National Acilclemy of Science, National Academy of Engineering, and Institute of Medicine. (2006). Beyond bias

and barriers: Fulfilling the potential of women in academic science and engineering. Washington, DC: National Academy of Sciences. Retrieved from l!_lln://ww\1 .nttp.cdu/ atul( gl. ll7-l I JllnJ Families and Work Institute. (2004a). Generation & gender in the workplace . Watertown, MA: American Business Collaboration. hup://familic ' ondwork.oro/ iLC/rescarc h/ re orts/ cnandocndcr .pdf Families and Work Institute. (2004b). Overwork in America: When the way we work becomes too much. Retrieved from llltp://fumillc. antlworLorg/ ltc/rcsca rch/rcpon /OvcrWorl..JnAmerica.pdl Gahn, S. & Carlson, S. (2008). Breaking the norms: Measuring the impact of new policies. Retrieved from hllp://ww'' .advancc.ia ' tat .edu/ onfCJCJI c/confcrcn cpd /2008 I0- 11ga hncArl on hoc2 .pdf International Labour Organization (2010). Maternity at work: A review of national Legislation. Retrieved from

Kwoh, L. (2013, February 19). McKinsey tries to recruit mothers who Left the fold. The Wall Street Journal. Retrieved from h!.!.Jl://on Iinc .wsj .cum/urti cl c/SB l 000 I ~24127887 .~2] 7648045 78] 1445006391-UHH .h t n.1l

National Institute of General Medical Sciences . (2012, November 14). Supplements to promote re-entry

into biomedical and behavioral research careers. Retrieved from 1Jl!J2;L/ww\ .nlgrns.nih. ov/Rescnrch/Mecl:lani m. /PromotcRccntry .ln m National Science Foundation . (2011). Balancing the scale: NSF's career-life balance. Retrieved from htt ://ww1 .nsf. CIV/carecr-liJc-llliLUIICC/ Organisation for Economic Co-operation and Development. (2012). Better Life Index: Work-Life Balance. Retrieved from htt ://www .oeccthct lcrlifelndc>. .org/Lopics/wprl.-life-bglancc Pew Research Center. (20 13) . Modern parenthood: Roles of moms and dads converge as they balance work and family. Retrieved from htt : IV\ w. ewso ·il!f!rcnd .org/20 13/03/ 14/modcr.n- a rcnthood-rolcs-ofmom. -and-umls-1:on erg •-as-1hcy - halftncc - wor ~ -and - fami l y Schloss, E. P., Flanagan, D. M., Culler, C . L., & Wright, A. L. (2009). Some hidden costs offaculty turnover in clinical departments in one academic medical center. Academic Medicine, 84( 1), 32-36. The White House, Office of the Press Secretary. (201 I, September 26). The White House and National

Science Foundation new workplace flexibility policies to support America's scientists and their families [Press release] . Retrieved from htt p://ww_w .whitc housc.gu :/Lhc-p rcss-officc/20 I 1/09/26/wh ite-hllusc-and-rlil!Jonal -, t•icnce-t'oun .l tiQ!l: fl 111lOUI1CC· I1CW· \YOr ' fucc - fcxi Yahoo! HoUobs & Robert Half International. (2008). What millennia! workers want: How to attract and retain Gen Y employees. Retrieved from http://www.rhi.com/GenY U.S. Census Bureau. (2008). An older and more diverse nation by midcentury [Press release]. Retrieved from htt )://www .ccnsus.gov/ncw. ro rn/ rc ! ca'>c ~archivc sl o_Qulo tion/c hOM - I 2.. htm l Waldman, J.D., Kelly, F., Arora, S., & Smith, H. L. (2004). The shocking cost of turnover in healthcare . Health Care Management Review, 29(1), 2- 7.

The Alfred P. Sloan Projects for Faculty Career Flexibility This page is designed to provide assistance to administrators in creating, implementing, evaluating, and sustaining career flexibility policies and practices for faculty and also contains additional resources.

Creating Flexibility

Assessing Where You Stand Our winning institutions have benefited from assessing where they stand on flexibility by benchmarking against other institutions. Applicants for the Sloan Awards completed both an Institutional Survey and Faculty Survey. The policy areas that were assessed were: a) tenure clock adjustment, b) modified duties (temporary or partial relief), c) parental leaves, d) phased retirement, and e) part-time appointments. Copies of those surveys are available by contacting the Institutional Leadership Group (see below).

The University of California system has also done extensive surveys on faculty work and family balance, sharing their data through articles like, "Do Babies Matter? Parts I and 11" (PDr) and most recently, "Why Graduate Students Reject the Fast Track." They use this data to inform institutional policy aimed at improving campus climate related to family formation. Their surveys were used as a model for all three rounds of the American Council on Education (ACE)/Alfred P. Sloan Faculty Career Flexibility Awards. Ideas for additional policies can be found through the National Clearinghouse for Academic Worklife, housed at the University of Michigan. For examples of policy language, see the web page for Work Life from the Office of Academic Personnel at the University of California, Davis.

Eliminating Bias Once institutions determine which policies and practices they need to have in place, bias should be eliminated for both the users of the policies, and the administrators who enforce those policies. Many of the best practices for faculty career flexibility seem to exist for tenure-track faculty or for women. To create a culture of inclusiveness, several campuses have created policies that target faculty who are in either category. The University of Washington, which only had paid leave for biological mothers (during the period of disability), realized the inequity that existed for biological fathers and parents of either sex who adopted. Therefore, they began a pilot program for this population, and are investigating the feasibility of continuing the teaching releases for faculty. Likewise, Duke University felt that flexible work options (PDF) should be available for childcare, eldercare, phased retirement, or other personal reasons. More details on this option can be found here (PDF). Although policies may be on the books, faculty may be hesitant to use them for fear of repercussions later in their careers. Transparency helps create a climate of acceptance for usage of these policies for pre-tenure faculty when they know how their usage will affect their careers. For example, UC Davis has created

language that explicitly tells reviewers that faculty who have taken a leave "be evaluated without prejudice". Lehigh University expressly demands that faculty who have had extensions not be held to higher standards (PDF) . The University of Florida has seen the need for combating bias in caregiving and tenure clock extension on its campus by cleverly updating and changing the requirement for faculty to sit on search committees. Knowing that faculty value selecting their peers within their own colleges, the University of Florida requires that every search committee member participate in an online training module that discusses how to assess gaps in a candidate's resume. After faculty complete the online tutorial, they are required to take "refresher" courses every three years to maintain their knowledge of fair and effective recruiting practices. The University of California system has developed a comprehensive family-friendly website that exemplifies transparency not only in detailing all the options available to faculty, but also has many statements from their gender equity committees, the President's Office, and Chancellors' offices that demonstrate institutional commitment at the highest levels.

Dual Career Options Several campuses have found that offering dual career options and same-sex benefits assist in creating flexibility for faculty members. Duke University demonstrates its commitment to dual-career hiring by working with regional campuses in hiring academic couples. If Duke has extended an offer to the primary hire, Duke agrees to pay 1/3 of the salary for the secondary hire at two local institutions (UNC Chapel Hill and North Carolina State University in Raleigh). The funding lasts for several years, and the other institutions have a reciprocal agreement with Duke should they employ the primary hire.

Implementing Flexibility Awareness Campaign Our winning institutions found that widespread publicity of all flexible career policies and practices available was helpful in increasing knowledge and usage of these policies. The UC Faculty Family-Friendly Edge initiative has one of the most comprehensive educational campaigns in the nation for career flexibility. This web based toolkit has multiple resources available for researchers, faculty, and administrators about the various programs and policies on the UC campuses, as well as statements from senior campus leaders on the importance of family friendly policies on the campus. The web site also archives copies of an online newsletter for UC families, and its circulation reaches over a 1000 recipients. The Berkeley and Davis campuses also created brochures for their faculty, highlighting campus-specific policies, which are distributed regularly. Lehigh's brochure, Balancing Work & Life (PDF), was created during its funding period. Available both online and directly from the provost's office, and containing all of their policies related to flexibility in the academy, this brochure was mailed to all faculty in the university, and is included in packets for new faculty. The University of Washington's Balance @UW initiative showcased the eight programs they wanted in place by 2008 (Eight by '08). All faculty were mailed a descriptive postcard that outlined the Balance @UW program, and a new web site was created on the provost's web pages to increase knowledge about

the program .

Training of Key Gatekeepers Our winning institutions also found that key to implementing their career flexibility plans was the training of key gatekeepers, such as department chairs, and the training of mentors or other advisors. Through the coordinating office at the University of California, Davis, a family-friendly advisor/mentor program (PDF) is available for department chairs and other senior staff to participate in. Davis tries to have at least one department chair from all of its colleges, including the law school, participate in the program so that information is shared equitably and consistently across the university. The University of California system, under the Family Friendly Edge program, has created an online booklet for chairs and deans (PDF) dedicated to improving the culture at the department level for encouraging usage of family-friendly policies. The toolkit discusses how departments can be familyfriendly, lists legal "do's and don'ts", provides case examples of accommodating requests for flexibility, and has a chart outlining what types of leave are available by caregiver status and type of pay (i.e., paid or unpaid), so that both faculty and "gatekeepers" have the correct information.

Evaluating Flexibility Measuring and Rewarding Usage In addition to creating and implementing flexible career options for faculty, ACE recommends evaluating the utilization of faculty career flexibility policies. These evaluations can be used to determine if policies are equitably enforced across departments on campus, and if there are negative career repercussions for faculty over time. UC Davis Vice Provost for Academic Affairs Barbara Horowitz recently completed a study of usage and found that requests had steadily increased over time, and that men and women were using the program equally (click here for her presentation). Lehigh University tracks usage of its Family and Medical Leave (FML) Policy while rewarding faculty who use the program by giving them a $6000 grant, which assists them in ramping back up for their return to campus. In this manner, they can evaluate how the faculty member felt his or her career benefited from the leave. Iowa State University, through its Sloan Innovation award, has developed a cost-benefit model (PDF) which calculates the return on investment of offering flexibility to faculty. More information was presented at its 2008 ACE/Iowa State ADVANCE conference.

Evaluating Change ACE's series on institutional transformation, On Change: En Route to Transformation (PDF), discussed a 2X2 matrix to assess change within an organization. Looking at both the depth and breath of change, four types of change were proposed: a) adjustments; b) isolated change; c) far-reaching change; and d) transformational change. Examples of a) adjustments would include programs that had been limited to a specific gender or tenure status, but are now expanded to include those options. Examples of b) isolated change would include temporary funding for these programs, or funding that is department-based. Examples of c) far-reaching change would include change programs that have been codified, centrally funded, and communicated to the appropriate constituency. Examples of d) transformational change would include eliminating jeopardy for faculty who use these programs, rewarding faculty who used flexibility policies, and tracking outcomes.

A good example of this transformational change is Lehigh University's Family and Medical Leave CFML) P-Olicy. Its eligibility is extended to both male and female faculty, for family caregiving to a spouse/partner, sick child, or parent. Faculty can extend the tenure clock if they choose to, with an automatic extension for care for a newborn or newly adopted child. In addition, expectations for meeting tenure criteria are not increased for tenure-track faculty who receive extensions. For those faculty who use this program, a small research grant is given to faculty to assist them with maintaining their research during this time. Lehigh has chosen to continue funding this program after its Sloan Award grant expired, and now the funding comes from the Provost's office.

Sustaining Flexibility Leadership from the Top In order to sustain initiatives at the institutional level, colleges and universities must ensure that policies and programs apply to all individuals and deeply penetrate the culture of the institution. When these changes are pervasive and penetrating, they become transformational ; therefore changes in leadership do not affect a climate of continuing flexibility. Several of the Sloan award winning campuses (from all three rounds of awards) have had significant leadership changes (either president or provost) since the process began, but have continued with their flexibility accelerator plans. Lehigh University, Simmons College, and the University of Baltimore all have had either new presidents or provosts in the last few years, but are committed to enhancing faculty career flexibility on their campuses. Generally, these Sloan initiatives have been housed in the office of the provost or chief academic officer, and thus have had the support of the senior leader for faculty affairs. Some institutions have tied flexibility to their mission and core values. For example, Santa Clara University in California, has a strategic plan that embraces the Jesuit tradition of education "the whole person", thereby justifying time to balance faculty work and family life. Furthermore, others have included career flexibility as a goal in their strategic plan. For example, a recent award winner, Washington & Lee, lists work-life balance as one of its university-wide initiatives.

Addressing Cultural Change Although many flexibility interventions are aimed at creating new policies and increasing use, few programs are successful in altering the culture on a campus that needs to occur for transformational change. One way Lehigh University has sought to overcome resistance to changing the culture is to reward use of parental or family leave among faculty. Called the Sloan Career Flexibility grants, these $6000 mini-grants promote faculty use of leave time by enabling faculty to use the money for various activities and tools, which will help them ramp back up to return for their research. Another example of addressing cultural change is the University of Washington's broclmre CPDr] given to department chairs on how to create a climate for increased responsiveness for flexibility within their departments. The brochure also lists the flexibility goals the university wished to achieve. Likewise, the University of Florida developed a Faculty Recruitment Toolkit (PDF) that search committees members must read and review as part of their certification before sitting on a the committee. The toolkit advises members on how to be more receptive to faculty who have taken advantage of flexible policies in their career.

Funding Some small departments and colleges on a campus may be hesitant to institute paid leave policies for faculty because of the expensive costs associated with replacing instructional faculty. The University of California system has committed centralized funding CPDFJ through its system office in order to reduce bias that other faculty and academic administrators may subtly express. These faculty and administrators should be the gatekeepers in encouraging the usage of leave time. Currently, the Office of the President of

PRESII:>EN"'T'S COlVUVIISSION on Campus Climate and Inclusion

)

SUB-COMMITTEE ON GENDER AND SEX/ WORKGROUP ON SEXUAL HARASSMENT AND MISCONDUCT

President's Commission on Campus Climate and Inclusion Work Group on Sexual Harassment and Misconduct Major Discussion Areas: • • •

Current University Policies Communication Strategy to Campus New Sexual Misconduct Laws- Pending Legislations (PA 12-78: Sexual Violence on College Campuses) • Campus Climate Component of HER I Survey • Consensual Relationship Policy - any need for change • What is a Mandatory Reporter? • Appropriate Sanctions for Sexual Misconduct • Need for additional campus training on both sexual harassment and misconduct- need for heightened outreach to faculty • What is the role of labor unions in resolution of sexual harassmenUmisconduct cases • Use of a external assessment of campus climate on issues of sexual misconduct • Discussion of revised/updated CT BOR Sexual Misconduct, Sexual Assault and Intimate Partner Violence Policy

Recommendations: • • • •

Communication strategy for expected behaviors as articulated in the campus policies Communication strategy regarding resources available to victim/survivors Training strategy to ensure entire campus community has learning opportunity (both online and live) Audit of Title IX policies and procedures -external or internal?

----------------

Work Group on Sexual Harassment and Misconduct Final Recommendations- April 2014

----------------

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Sexual Assault Response Team

http://www.southernct.edu/student-life/health/womenscenter/sartl

Soulhcrn Connc·ctien1 Stall' Univ<•r:)ity > Stndc·nt Life> H<•allh > \VomeiJ's Center> Sexual Assault Response Team

SEXUAL ASSAULT RESPONSE TEAM Sexual Assault

WHAT IS SART?

Sexual Harassment Students' Rights Reporting Procedures

For more information on the members ofthe Sexual Assault Resource Team (including contact information) please click the image below.

Campus Crime Information Resources

Southern Connecticut State University's Sexual Assault Resource Team (SART) is designed to provide a collaborative victim-centered team response to sexual

mi s~onduc.t

(sexual assault, domestic violence, dating

violence and stalking). The mission of SART is to provide services that ensure a transition from victim to survivor for every individual whose life is impacted by sexual misconduct. The SART members can provide a survivor with many supportive options including counseling, medical attention, judicial services, advocacy, law enforcement, referrals, and general information regarding sexual misconduct. Should a survivor choose to file a police report, the Unive rsity Police and Women's Ccnlt'r staff will assist her or him with the reporting process. We will strive to empower the survivor to make her or his own decisions by providing on- and off-campus resources, and then offer support as needed. The SART members will keep confidentiality to the best of their ability. Details of the crime that are shared with staff members of the university community, including SART members, who do not have confidentiality are mandated to report this information. However, providing the details of a crime is N.QI necessary for SART members to assist survivors. SART has members from Counseling Services and Health Services who DO have confidentiality, and all other SART members can support/advocate for survivors, but a survivor should not provide unsolicited information such as names, dates, location, etc. to them unless they want this information to be reported to University Police. SART members are here to provide survivors with support and resources that will help empower them to make the best decisions impacting their safety and healing. The Sexual Assault Resource Team has been designated by the Divis ion of Univers ity a nd Student Affairs to handle sexual misconduct cases. The team includes a coordinator and designated individuals from throughout the university. For information or to report a sexual misconduct case, students may contact any member of the team. The Sexual Assault Resource Team is available to help anyone who reports a violation of the sexual misconduct policy.

In cases of immediate danger or an emergency, call the University Police at 911.

2 of 3

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Sexual Assault

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SEXUAL ASSAULT RESPONSE TEAM

Sexual Assault

Sexual Assault Sexual Harassment

SEXUAL ASSAULT

Students' Rights Reporting Procedures

Clkk here for reporting procedures.

Campus Crime Information Sexual Assault Resources Sexual Assault: Any non-consensual sexual activity or unwanted behavior that one or more person(s) forces or manipulates upon another. Sexual assault includes rape (vaginal, oral, or anal penetration), incest, and other unwanted sexual contact. Sexual assault is a crime. Acquaintance Rape: Sexual assault (as defined above) that was committed by someone the survivor knew. • 1 in

36 college women are sexually assaulted or the victim of attempted rapes in any given academic

year. (U.S. Department of Justice, 2000) • Rape/sexual assault was the only violent crime against college students more likely to be committed by a person the victim knew. Non-strangers committed 74% of the rape/sexual assaults against college students (U.S. Department of Justice, 2000). Consent: Consent is when both people willingly agree to a specific sexual behavior. • Consent is active, not passive. • Consent is not the absence of no or of resistance-- it is someone saying yes. • Consent is ongoing, and allows for withdrawal of consent at any time without fear of humiliation or retaliation. The person initiating the sexual contact is responsible for getting consent. • Consent is required for every form of sexual activity every time. Just because you may have been sexually active with the person before does not mean that you have consent for future sexual contact. • Consent cannot be given if forced, threatened, intimidated, or coerced. • Consent cannot be given when judgment is impaired by alcohol or drugs, or ifthe person not initiating is asleep or unconscious. Being under the influence is not an affirmative defense. According to Connecticut state law, having sexual intercourse with someone who cannot give consent is rape. Date Rape Drugs: The three most common "date rape drugs" are alcohol, GHB and Rohypnol. Alcohol: Alcohol lowers a person's inhibitions and interferes with his or her judgment and decision-making, which makes for potentially dangerous sexual situations. In one situation, deciding to have sex with someone while you are under the influence can put you in an embarrassing predicament the next morning. In another situation, it can cause you to be the victim of sexual assault or leave you with a serious condition such as AIDS or other sexually transmitted illnesses (STis). GHB and Rohypnol: GHB (gamma hydroxyl butyrate), also known as liquid ecstasy, and Rohypnol are central nervous system depressants that can cause dizziness, disorientation, loss of inhibition, memory blackouts, and Joss of consciousness when mixed with alcohol. Both are odorless, colorless, and tasteless, so you may not even realize it if someone slips one of these substances into your drink. Because they may cause you to pass out, ingesting them may put you at risk for sexual assault. Risk Reduction Tips to Reduce the Risk of Experiencing a Drug-Related Sexual Assault • Do not binge drink.

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• Do not leave beverages unattended. • Do not take drinks from large open containers, such as punch bowls. • At parties, do not accept unknown drugs or open container drinks from anyone. • At a party use the "buddy system." Be alert to the behavior of friends, and take note of anyone appearing unduly inebriated in relation to the amount of alcohol they have consumed. • Anyone who believes they have consumed a sedative-like substance should be driven to a hospital emergency room or call 911 for an ambulance. Try to keep a sample of the beverage for analysis. Sexual Assault is NEVER your fault and these tips are provided to help keep you safe. The perpetrators are the ones committing the crime against you. See information (Bystander Intervention) on how everyone can get involved to help stop sexual assault and hold perpetrators accountable. What To Do If You Are Sexually Assaulted 1. Go

to a safe place as soon as possible.

2. If you want to report the crime, notify the police immediately. Reporting the crime can help you regain a sense of control and can help ensure the safety of other victims. Ask the police to contact a victim advocate if you would like their assistance and support. An advocate is available to assist you 24/7 (dick here). For information on reporting procedures dick here. 3. Try to preserve all physical evidence. If you are reporting a sexual assault that has occurred within the previous 72 hours, it may be possible to collect trace evidence of the offense. This evidence is important particularly if you wish to prosecute the offender. Do not shower or bathe, wash your hands, use the toilet, change clothing, or wash your clothing or bedding. If you changed clothes, place each item of the clothing that was worn at the time of the incident in a separate paper (not plastic) bag. Do not disturb anything in the area where the assault occurred.

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4· Seek medical attention. A medical examination will provide any necessary treatment and collect important evidence. Even if you think that you do not have any injuries, you should still have a medical examination and discuss the risk of exposure to sexually transmitted diseases and pregnancy resulting from the sexual assault. Click here for further information. 5. If you suspect that you may have been given a rape drug (e.g. Rohypnol & GHB), ask the hospital to take a urine sample. Rape drugs are more likely to be detected in urine than in blood. Campus Safety Services Rape Aggression Defense (R.A.D.) System: The Rape Aggression Defense System is a program of realistic self-defense tactics and techniques for women. The R.A.D. System is a comprehensive, women-only course that begins with awareness, prevention, risk reduction, and risk avoidance, while progressing on to the basics of hands-on defense training. RA.D. is not a martial arts program. The courses are taught by nationally certified R.A.D. instructors and provide each student with a workbook/reference manual. The Southern university community is proud to provide Rape Aggression Defense training. There are four certified instructors, all with varying experiences. The training is broken up over five or six weeks, and the sessions are about two hours each. The course currently taught is for "Women Only." Many university members and students have been able to take this training and we hope that many more will. There is no charge for the course. For more information, contact the University Police at (203) 392-5375. Campus Watch: University Police offers an on-campus escort service 24 hours a day for your security. Simply call the University Police Department at (203) 392-5375, state your name, location, and destination, and, as long as your route is on university property, an officer or a student security assistant will accompany you. Shuttle Services: Because Southern Connecticut State University is located in two municipalities (New Haven and Hamden), a shuttle bus service has been established. At present, there are seven enclosed bus stops located throughout the university campus. These are located in high-pedestrian-traffic areas. The shuttle service runs from 7:30a.m. until midnight, Monday through Thursday, and unti14:30 p.m. on Fridays. After midnight, a student may request a shuttle by calling the university police at 888 and providing the dispatcher with your name, location, and destination. This shuttle runs unti13 a.m. Monday through

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Thursday. There are four 25-passenger buses and one smaller van with a lift platform to accommodate wheelchairs and scooters. R.I.D.E.S.: Stuck without a ride? Little or no cash on hand? Find yourself in an uncomfortable situation and need a way out? The R.I.D.E.S. program is there for you. RI.D.E.S. is a program designed to offer students a safe, responsible mode of transportation when needed. It can be used for any reason with "no questions asked." Cabs are available 24 hours a day, seven days a week, throughout the academic year, including the winter and summer sessions. Students may take a cab to and from any destination within a so-mile radius of the SCSU campus. Any student (full or part time, resident or commuter) enrolled in class at SCSU may use the RI.D.E.S. program. Call any participating taxi company (see below). Present your valid SCSU Hoot Loot ID card to the driver upon pick-up. (Only four students may ride in a cab at one time.) Payment can be made at a later time. The payment is initially covered by the SCSU Student Government Association. The student presenting his or her SCSU Hoot Loot ID card is responsible for the reimbursement of the payment to the Student Government Association within 14 days. This can be done with their SCSU Hoot Loot ID card. For more information contact the Drug & Alcohol Center at 203-392-5087. Campus Crime Information & Reports: For information click l1cre.

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REPORTING PROCEDURES Reporting Procedures

REPORTING PROCEDURES (MORE DETAILED INFORMATION)

REPORTING PROCEDURES Guidelines for Reporting Sexual Harassment at SCSU

Reporting Sexual Harassment, and Sexual Violence (Sexual Assault, Domestic Violence, Dating Violence and Stalking) The Women's Center is able to provide assistance and guidance for situations of sexual harassment, and sexual violence. Individuals will be encouraged to file a formal sexual harassment complaint. The SCSU Sexual Assault Response Team (SART) is designed to provide a collaborative victim-centered team response to sexual violence and harassment. The mission of SART is to provide services that ensure a transition from victim to survivor for every individual whose life is impacted by sexual violence. The SART members can provide a survivor with many supportive options including counseling, medical attention, judicial services, advocacy, law enforcement, referrals, and general information regarding sexual violence. SARTPnge

Formal Complaints:

Student Perpetrators To file criminal charges against a student perpetrator for an incident that occurred on campus, contact the University Police 911 if you are in immediate danger. University Police 203-392-5375 10 Wintergreen Avenue New Haven, CT 06515 To file charges with the University against a student perpetrator for an incident that occurred on campus, contact the Office of Judicial Affairs. Office of Judicial Affairs ENGBu6 (203) 392-6188 I (203) 392-5190 Office Hours: Mon-Fri 8 :3oa-4:3op Office of.ludidal Affairs Website In cases of an alleged sexual offense, when the accused is a student, both the victim and the accused are entitled to have others present during a judicial disciplinary hearing. You may:

Be accompanied to any meeting or proceeding by an advisor or support person of your choice, provided that the adviser or support person does not cause a scheduled meeting to be delayed or postponed

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Present evidence and witnesses on their behalf

3. Be informed in writing of the results of the disciplinacy proceeding no later than one business day after it concludes and retain the right to appeal the decision in accordance with disciplinacy procedures.

4. Have their identities kept confidential, except as necessacy to carcy out a disciplinacy proceeding or as permitted by state or federal law.

5. You have the right to request that disciplinacy proceedings begin promptly and know that the proceeding

must be conducted by an official trained in issues relating to sexual assault and intimate partner violence. The judicial process will use the "preponderance of evidence standard" (i.e., whether it is more likely than not that the alleged incident occurred.)

6. Following a final determination of responsibility when the allegation involves a rape or other sexual offense, the university judicial officer may impose any sanction or combination of sanctions, including expulsion. Disciplinacy proceedings under this Code may be carried out before, during or after civil or criminal court proceedings against the accused student.

SCSU Employee Perpetrators To file criminal charges against an SCSU employee contact the University Police or 911 if you are in immediate danger. University Police 10

203-392-5375 Wintergreen Avenue

New Haven, cr 06515 To file charges with the University against an SCSU employee contact the Title IX Coordinator in the Office of Diversity and Equity. Pamela M. Lassiter Title IX Coordinator Director, Office of Diversity & Equity (203)-392-5491 Office of Diversity and Equity Web Site Off Campus Incidents To file criminal charges regarding sexual violence that occurred off campus, call the local police where the incident occurred. The police will investigate the crime and determine the criminal charges. Then the State's Attorney will decide whether or not there is enough evidence to prosecute. This can result in a trial or plea bargain. The Women & Families Center: Sexual Assault Crisis Services has court victim advocates that are available to support you during this process. For further information, call (203) 624-4576. The University Police and University Victim Advocate will assist the student in these cases, if requested, and able according to University Policy and state law.

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Reporting Procedures

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Sou them Connecticut Stale Unhwsity >Student Lil"e > llealth > Women"s Ccutcâ&#x20AC;˘r >Sexual As>auli ResponseTean1 >

REPORTING PROCEDURES Reporting J'wccdurcs > Reporting Procedures

REPORTING PROCEDURES (MORE DETAILED INFORMATION)

PROCEDURES FOR REPORTING A SEXUAL OFFENSE We are concerned about the safety of all University Community Members. Sexual harassment and Sexual violence (sexual assault, domestic violence, dating violence, and stalking) are not acceptable behaviors in our community and is a violation of the law and the University's Student Code of Conduct. The University is committed to providing prevention education, support services to our survivors and holding perpetrators accountable. Clkk here for students' rights concerning sexual violence on campus. Reporting Procedures

Reporting sexual harassment and sexual violence is the survivor's choice. Every survivor's experience and life circumstances are different and the choice is theirs. If a survivor chooses to report they can file criminal charges and/or file charges with the Judicial Office if the perpetrator was a student or with the Office of Diversity and Equity if the perpetrator was a Southern employee. Assistance/Advocacy (see below) is available for all survivors upon their request for charges filed criminally and on campus. Filing Criminal Charges 1.

If you wish to press criminal charges, notify the police. For an incident that occurred on campus, call the

University Police at (203) 392-5375 or 911 if you are in immediate danger. If the perpetrator is a SCSU employee, you may file a sexual harassment complaint with the Office of Diversity & Equity at (203)-392-5491 or at this page d iek here. 2.

If the incident occurred off campus, call the local police where the incident occurred. The police will

investigate the crime and determine the criminal charges. Then the State's Attorney will decide whether or not there is enough evidence to prosecute. This can result in a trial or plea bargain. The Women & Families Center: Sexual Assault Crisis Services has court victim advocates that are available to support you during this process. For further information, call (203) 624-4576. The University Police and University Victim Advocate will assist the student in these cases, if requested, and able according to University Policy and state law. Silent Witness Program

This program is designed so that students, faculty and staff can report suspicious activity and crimes via the Internet while remaining anonymous. If you have witnessed a crime, or if you know of a crime that was committed or will be committed, please click here to fill out and submit the form. A member of the SCSU Police Department will investigate the information provided. You will not be contacted unless you provide your contact information. All tips remain anonymous. C1iek here for more information on the Silent Witness Program. Please keep in mind this program is intended to assist the SCSU Police Department and is not intended for crimes in progress or for emergencies. Dial (203) 392-5375 in those instances. Filing Charges on-campus with the Office of judicial Affairs

The SCSU Office of Judicial Affairs is responsible for ensuring a fair, just and impartial judicial process for students charged with violation of a law in connection with conduct that also violates the provisions of the Student Code of Conduct. The office also provides education and resources to foster respect and civility among all members of the university community. Call (203) 392-6188 or for information cliek here.

University Disciplinary Procedures Regarding Sexual Misconduct In cases of an alleged sexual offense, when the accused is a student, both the victim and the accused are entitled to have others present during a judicial disciplinary hearing. You may: 1.

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Be accompanied to any meeting or proceeding by an adviser or support person of your choice, provided that

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the adviser or support person does not cause a scheduled meeting to be delayed or postponed 2.

Present evidence and witnesses on their behalf

3. Be informed in writing of the results of the disciplinary proceeding no later than one business day after it concludes and retain the right to appeal the decision in accordance with disciplinary procedures. 4. Have their identities kept confidential, except as necessary to carry out a disciplinary proceeding or as permitted by state or federal law. You have the right to request that disciplinary proceedings begin promptly and know that the proceeding must be conducted by an official trained in issues relating to sexual assault and intimate partner violence. The judicial process will use the "preponderance of evidence standard" (i.e., whether it is more likely than not that the alleged incident occurred.) Following a final determination of responsibility when the allegation involves a rape or other sexual offense, the university judicial officer may impose any sanction or combination of sanctions, including expulsion. Disciplinary proceedings under this Code may be carried out before, during or after civil or criminal court proceedings against the accused student. Restraining Orders and Protective Orders Restraining orders differ from protective orders in that restraining orders are civil and can be issued without the accused person being arrested. Protective orders in a family violence situation are criminal and are issued after the accused has been arrested for committing a family violence crime. Both types of orders must be issued by the court. The University Police Department will keep protective and restraining orders on file in accordance with State regulations. Any victim/survivor of a sexual assault or domestic violence is strongly encouraged to contact the University Police to verify that they have received from the court a copy of any protective or restraining order filed on their behalf. The University Police Department will accept copies of any protective/restraining orders that can be properly verified. Victims are strongly advised to report any violations of these orders to the University Police at 203-392-5375. If the violation of a court order is an emergency situation, DIAL 911 IMMEDIATELY. For information on filing an application for a restraining click here.

Assistance/Advocacy for Survivors The SCSU Sexual Assault Resource Team (SART) provides a collaborative victim-centered team response to sexual assault that ensures a transition from victim to survivor for every individual whose life is affected by sexual violence. SART team members representing the Women's Center, University Counseling Center, Health Services Department, Office of Student Affairs, Office of Student Life, Multicultural Center, Office of Judicial Affairs, Public Health Department and Office of Residence Life provide a survivor with many supportive options including counseling, medical attention, judicial services, advocacy, referrals and general information regarding sexual assault. If a survivor chooses to file a police report, the University Police Department and the Women's Center staff will assist that person with the reporting process, empowering the survivor to make their own decisions by providing on- and off-campus resources and offering support as needed. The SART members can assist you in obtaining an order of protection, applying for a temporary restraining order, or seeking enforcement of an existing order. Southern Connecticut State University shall not disclose the identity of the complainant or the accused, except as necessary or as permitted under state or federal law. Assistance with on-campus living arrangements, classes, work schedule and other accommodations following an incident will be provided to whatever extent possible and reasonable. For more information click here. Medical Attention- Confidential Services If you go to the hospital for a forensic exam you will also receive medical care. If you chose not to go to the hospital care is available to you at University Health Services on Wintergreen Ave. Granoff Student Health Services staff includes physicians, nurse practitioners and registered nurses.

)

A comprehensive sexual assault exam can be performed for both men and women. Health Services also provides free screening for Gonorrhea and Chlamydia, as well as low cost 15 minute HIV testing. Emergency contraception is offered after a sexual assault and is available at health services. The sooner it is taken the more effective it becomes. Please call health services at (203) 392-6300 or come in and fill out our "reason for visit" form. All calls and

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visits are confidential. For local hospital emergency room contact information dil'k hc1 c.

Counseling Services- Confidential Services Call University Counseling Services at (203) 392-5475 , the Women and Families Center of Greater New Haven: Sexual Assault Crisis Services 24-hour hotline -- 1-888-999-5545 (English) or 1-888-568-8332 (Spanish) or (203) 235-4444 (out of State), and the Umbrella Center for Domestic Violence Services at (203) 736-2601 for a free confidential counseling appointment. The normal reactions to sexual violence can make you feel very uncomfortable, and counseling can help you heal sooner and more completely. The psychological and emotional trauma caused by sexual violence can be severe and long-lasting. Because people react in very different ways to stress, it is not possible to predict exactly how you will feel. It may be helpful for you to know some of the most common responses of sexual violence survivors. Some common reactions include: shock and disbelief, remembering what happened and what it felt like (includes flashbacks and nightmares), experiencing intense emotions, physical symptoms, feeling fearful, and or feeling guilt, shame, and self-blame. Each person is unique. Although many survivors experience similar reactions, there are still individual differences in how they respond to the trauma of sexual violence. You may experience some or all of these symptoms. They may occur immediately, or you may have a delayed reaction weeks or months later. Certain situations, such as seeing the assailant or testifying in court, may intensify the symptoms or cause them to reoccur after a period during which you have been feeling better. Some survivors feel that if they avoid talking about the incident, they will be able to forget about what happened to them. Most survivors who try this approach eventually realize that they need to deal with the incident. Their unresolved feelings and fears hold them back from enjoying their lives and participating fully in relationships. Talking about the incident can help relieve some of the control it has over you and help you begin the process of recovery. We recommend that survivors seek professional counseling as soon as possible to begin the healing process. Therapy provides a safe, private place to deal with your feelings and concerns. A counselor can also help you deal with the reactions of family members, partners and friends.

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Southern Connecticut State eniverF>itv > Stuclcull.ife > lleallh > \Vomcn's Center> Scxtwl.:\ssault Response Team>

SEXUAL ASSAULT RESPONSE TEAM

Sexual Harassment

Sexual Assault Sexual Harassment

SEXUAL HARASSMENT

Students' Rights Reporting Procedures

For reporting procedures click here

Campus Crime lnform.ation Resources

SEXUAL HARASSMENT DEFINED: Sexual harassment is any kind of unwelcome sexual advance. It can be a pinch, a leer, a suggestive remark, or an overt request for sexual favors . FORMS OF SEXUAL HARASSMENT:

Verbal:

Suggestive comments Sexual innuendo and insults Humor and jokes about sex Threats Comments and jokes based upon gender or sexual identity Non-Verbal:

Whistling, leering and ogling Suggestive or insulting sounds Display of obscene or suggestive material Obscene gestures Physical:

Touching or patting Pinching Brushing against the body Coerced sexual conduct Assault Don't Blame Yourself! Sexual Harassment is about POWER, not Sex.

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Southen1 Connecticut State Unhcrsity > Sludent Life> Health> \Vomen's Center> Women's Center Sexual Harassment

WOMEN'S CENTER Sexual Assault and the Sexual Assault Resource Team (SART) Sexual HarassmenUSexual Misconduct

SEXUAL HARASSMENT Click here for the definition of sexual harassment.

Sexual Violence Definitions The Men's Initiative Work/Life Balance

Sexual Misconcluel, Sexual Assault nnd Intimate Partner Violence Policy Title IX and Sexual Harassment/Assault

Programs and Events

Title IX is the U.S. federal law that protects students against sexual violence and harassment. Title IX requires colleges

Meet the Staff

and universities to respond to the various needs of survivors after sexual violence or harassment occurs. These needs may include academic, housing, and employment accommodations, as well as counseling and other support services. Campuses must have grievance procedures in place for survivors to take disciplinary action against their assailants.

Title IX

SCSU Title IX Coordinator: Pamela Lassiter Director of Office of Diversity and Equity (Buley207) Of11cc of Dh•ersit:y and Equit_\·

Dear Colleague (April 2011 -Title IX) The Office of Civil Rights (OCR) in the U.S. Department of the Education (ED) issued the Dear Colleague Letter (DCL) "to explain that the requirements of Title IX cover sexual violence and to remind schools oftheir responsibilities to take immediate and effective steps to respond to sexual violence in accordance with the requirements of Title IX. •

lrttp:/ /\\ww2.ed .gov/ about/ offic~s/1 ist/ ocr/ docs/ dcl-factshe!'t-201104. pdf

htlp:/ /m,w2.ed.go\'j about/offices/list/ocr/letters/ collcag~re-2trll04. pdf

Dear Colleague (April 2013- Retaliation) The OCR issued this Dear Colleague Letter to explain that retaliation is prohibited by federal Jaw. "Retaliation" refers to negative action taken against an individual who brought concerns to a school's attention, made complaints, testified, or participated in any manner in an OCR investigation concerning violations of Federal civil rights laws, including Title IX. An example of retaliation would be a student receiving a lower grade in a class after reporting a professor's sexual misconduct. The basic principles of retaliation are explained in the Jetter, as well as the OCR's methods of enforcing this prohibition.

http://wmv2.ed .gov/ aborrt/ office~/1 ist/ crcrfletters/ eolleague-20 1:{04. pdf

Guidelines for Reporting Sexual Harassment at SCSU Reporting Sexual Harassment

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The Women's Center is able to provide assistance and guidance for situations of sexual assault, harassment, and other sexual violence. Individuals will be encouraged to file a formal sexual harassment complaint. The SCSU Sexual Assault Response Team (SART) is designed to provide a collaborative victim-centered team response to sexual assault and harassment. The mission of SART is to provide services that ensure a transition from victim to survivor for every individual whose life is impacted by sexual violence. The SART members can provide a survivor with many supportive options including counseling, medical attention, judicial services, advocacy, law enforcement, referrals, and general information regarding sexual assault. SART Page Formal Complaints:

To file charges with the University against a student perpetrator for an incident that occurred on campus, contact the Office of Judicial Affairs. Office of Judicial Affairs ENGBu6 (203) 392-6188 I C2o3) 392-5190 Office Hours: Mon-Fri 8:3oa-4:30p Oftice of.Judicial Affairs Website In cases of an alleged sexual offense, when the accused is a student, both the victim and the accused are entitled to have others present during a judicial disciplinary bearing. You may:

1. Be accompanied to any meeting or proceeding by an advisor or support person of your choice, provided that the adviser or support person does not cause a scheduled meeting to be delayed or postponed 2. Present evidence and witnesses on their behalf 3. Be informed in writing of the results of the disciplinary proceeding no later than one business day after it concludes and retain the right to appeal the decision in accordance with disciplinary procedures. 4 路 Have their identities kept confidential, except as necessary to carry out a disciplinary proceeding or as permitted by state or federal law. 5路 You have the right to request that disciplinary proceedings begin promptly and know that the proceeding must be conducted by an official trained in issues relating to sexual assault and intimate partner violence. The judicial process will use the "preponderance of evidence standard" (i.e., whether it is more likely than not that the alleged incident occurred.) 6. Following a final determination of responsibility when the allegation involves a rape or other sexual offense, the university judicial officer may impose any sanction or combination of sanctions, including expulsion. Disciplinary proceedings under this Code may be carried out before, during or after civil or criminal court proceedings against the accused student.

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A survivor can chose to file charges with the police, the University, both, or none. University Assistance/Advocacy is available for all survivors upon their request. Assistance/ Advocacy is also available to all survivors upon their request when filing charges concerning on or off campus incidents. SCSU Employee Perpetrators To file criminal charges against an SCSU employee contact the University Police or 911 if you are in immediate danger. University Police 203-392-5375 10 Wintergreen Avenue New Haven, CI' 06515 Unin•rsity Police To file charges with the University against an SCSU employee contact the Title IX Coordinator in the Office of Diversity and Equity. Pamela M. Lassiter Title IX Coordinator Director, Office of Diversity & Equity (203)-392-5491 Oft1ce of Diversity and l•:q11ity \Vch Site Of! Campus Incidents To file criminal charges regarding an assault that occurred off campus, call the local police where the assault occurred. The police will investigate the crime and determine the criminal charges. Then the State's Attorney will decide whether or not there is enough evidence to prosecute. This can result in a trial or plea bargain. The Women & Families Center: Sexual Assault Crisis Services has court victim advocates that are available to support you during this process.

For further information, call (203) 624-4576. The Unjversjty Police and University Victim AdVOcate will assist the student in these cases, if requested, and able according to University Policy and state law. For resources and additional information on reporting procedures dick here:

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SEXUAL ASSAULT RESPONSE TEAM

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Students' Rights

Sexual Assault Sexual Harassment

STUDENTS' RIGHTS

Students' Rights

Students' Rights Concerning Sexual Violence on Campus

Reporting Procedures Campus Crime Information

Under United States federal law students are guaranteed a right to education free from

Resources

sexual violence and harassment. Click here for resources. Students have the right to:

1. Information about on and off-campus reporting procedures. For more information dick hen• 2. Details about where students can receive support and services related to a sexual assault. For more

information diek he1·e 3. To have a Victim Advocate present when they report sexual violence. Ask for a Victim Advocate when making a report or contact the University Victim Advocate, Catherine A. Christy, SCSU Women's Center, at (203)392-6946 or email christyci@southernct.edu or the local Women & Families Center at their 24-hour hotline --1-888-999-5545 (English) or 1-888-568-8332 (Spanish) or (203) 235-4444 (out of State). For more information die.k hew 4. Assistance with changing their living arrangements, classes, work schedule or other accommodations following an assault will be provided to whatever extent possible and within reason. For further information cl ick he1c

5. Plans for how the university will honor protective orders and restraining orders. For more information dit'k here

6. To be informed of the university disciplinary procedures. For more information click here Students have the right:

a. to request that disciplinary proceedings begin promptly b. to have disciplinary proceedings conducted by an official who has been trained in issues related to sexual violence c. to bring a support person to any disciplinary proceedings, present evidence and witnesses on their behalf, and be informed in writing of the results of any disciplinary hearings. These are the rights of both the victim/survivor and the accused. 7. To expect that the University will keep a victim/survivors's identity and personal information as private as possible if they report sexual violence.

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The .Jeanne Clel)' Act is a federal law that requires colleges and universities to disclose certain timely and

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annual information about campus crime and security policies.

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UNIFORM CAMPUS CRIME REPORT To view the latest SCSU Crime and Fire Safety Report, please die.k hert\

SILENT WITNESS This program is designed so that students, faculty and staff can report suspicious activity and crimes via the Internet while remaining anonymous. If you have witnessed a crime, or if you know of a crime that was committed or will be committed, pleased iek here to fill out and submit the form. A member of the SCSU Police Department will investigate the information provided. You will not be contacted unless you provide your contact information. All tips remain anonymous. Please keep in mind this program is intended to assist the SCSU Police Department and is not intended for crimes in progress or for emergencies. Dial (203) 392-5417 in those instances.

CAMPUS SEX CRIMES The Campus Sex Crimes Prevention Act (CSCPA) and related State statutes requires that convicted sex offenders inform their state registering agencies whenever they enroll or become employed at a postsecondary institution. The registering agencies are required to notify the campus police of the presence of the sex offender on campus, and the institutions are in turn authorized to share this information publicly, including it in their annual crime report beginning October 2003. Please visit the lJniversily Po]i,~e website for a list of the names of any people who have registered with the Connecticut State Police and who have indicated to the State Police that they are either enrolled as students or are employees of SCSU. By clicking on their highlighted name, you will be connected to the photograph and relevant information at the State Police Sex Offender Registry.

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UNIVERSITY RESOURCES Also see contact information for SART Tea m members listed on the SART Web site. Uniwrsity Police~ -- (203) 392-5375, Emergency- 911 Office of Diversity and Equity-- (203) 392-5491 SART Members Women's Center-- (203) 392-6946 Counseling Services -- (203) 392-5475 Il ea lib Services -- (203) 392-6300 Multicultural Office -- (203) 392-6828 Interfaith Office -- (203) 392-5331

LOCAL & NATIONAL RESOURCES Local Police Emergency-- 9-1-1 Domestic Violence SeiVices in New Haven-- 24-hour Hotline -- (203) 789-8104 Women & Families Center, Sexual Assault Crisis SeiVices in CT --

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1-888路999-5545 The National Sexual Assault 24-hour Hotline-- 1-800-656-HOPE (4673) National Domestic Violence Hotline-- 800-799-SAFE (7233) Hospital of Saint Raphael-- (203) 789-3000 Yale-New Haven Hospital -- (203) 688-2222

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Southern Connceticu t State 11ni,路crsi1y > Offiecs > Office or Dh路crsity and Equity> Sexual Harrassment Policy and Procedures

OFFICE OF DIVERSITY AND EQUITY

POLICY AND PROCEDURES GOVERNING SEXUAL HARASSMENT

Affirmative Action Policy Affirmative Action Plan Anti-Discrimination Statutes

SECTION 1. PURPOSE

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Southern Connecticut State University reaffirms

Consensual Relationship Policy

workplace and educational environment free from

and emphasizes its commitment to maintain a sexual harassment. Sexual harassment is

Continuing Notice of Nondiscrimination

reprehensible and subverts the mission of the university and will not be tolerated at Southern

Diversity Action Plan

Diversity & Equity Leadership Council

Connecticut State University. It threatens the careers of faculty and staff, and the educational experience of our students. The purpose of this

Policy and Procedures Governing Sexual Harassment

students and employees who believe they have been

Policy Regarding Persons With Disabilities

with the goal of ending the harassment and

Policy Statement on Pluralism

and working. Retaliation against an individual who complains about sexual harassment or who cooperates with an investigation of a complaint is unlawful and, if

Policy Statements

policy is to prevent sexual harassment and to offer sexually harassed a means to redress any such claim providing an environment conducive to learning

found to have occurred, will not be tolerated by the University. President's Commission on Campus Climate and Inclusion

SECTION 2. STATUTORY AUTHORITY

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Sexual harassment is prohibited by Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, Section 46a-6o of the General Statutes of Connecticut and University policy. It is the intention of

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the University to take whatever appropriate action may be needed to prevent, correct, and if necessary, discipline behavior that violates this policy.

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SECTION 3. POLICY STATEMENT All members of the University community shall conduct themselves in an appropriate manner with concern,

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dignity and respect for others. The University community includes students, employees, and non-employees when they conduct business on University property. Sexual harassment may occur between employee and employee, employee and student, or student and student. Complaints of sexual harassment within the University will be taken seriously and investigated. Any member of the University community who violates this policy is subject to the full range of disciplinary action. Sexual harassment in some instances need uot be intentional to violate this policy. In the event of a charge of sexual harassment, a defense based upon consent when the facts establish an employee/student or supervisor/employee relationship existed will be given little weight. Since any significant power differential between members of the University community makes voluntary consent questionable, members of the faculty and staff are expected to be aware of their professional responsibilities and avoid apparent or actual conflict of interest. An individual with a complaint concerning sexual harassment has a right to be heard. By means of these

procedures, the university provides an opportunity for an individual (Complainant), without fear of retaliation, to express a complaint and to seek a prompt and equitable resolution while protecting the rights of the person against whom the complaint has been filed (Respondent). These procedures shall be available to

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any person who, at the time of the act complained of, was an employee, student, or applicant for employment or admission to the University.

SECTION 4. DEFINITION OF SEXUAL HARASSMENT "Any unwelcomed sexual advances or requests for sexual favors or any conduct of a sexual nature when (t) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual or (3) such conduct has the purpose or affect of substantially interfering with an individual's work or academic performance or creating an intimidating hostile or offensive working environment." In an academic setting sexual harassment would also include any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when submission to or rejection of such conduct by an individual might affect academic or personnel decisions that are subject to the influence of the person making the proposal. The law currently recognizes two forms of sexual harassment: Quid Pro Quo Unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual

nature when: Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's academic work or employment; orSubmission to or rejection of such conduct by an individual is used as the basis of employment or academic decisions affecting such individuals; and Hostile Environment

Such contact affects or interferes with an individual's work or academic performance or creates an intimidating, hostile or offensive academic or working environment. Hostile environment sexual harassment involves speech or conduct that is directed at someone because of their gender and/or is conduct of a sexual nature. Such speech or conduct includes but is not limited to unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. Such speech or conduct is reasonably regarded as offensive and substantially impairs the academic or work opportunity of students, colleagues or co-workers. In all contexts it must also be persistent and/or pervasive. This policy shall not be interpreted so as to constitute interference with academic freedom. In addition, this policy covers: Gender harassment

Gender harassment is a form of sexual harassment which consists of discriminatory behavior towards an individual based on gender. It includes the use of sexist language, illustrations, examples and gestures that demonstrate discriminatory behavior. Sexually-related conduct forms the basis of a sexual harassment claim if a reasonable person of the same gender would consider the actions sufficient to interfere unreasonably with the academic and/or employment performance ofthe Complainant.

SECTION 5. EXAMPLES OF POSSIBLE SEXUAL HARASSMENT When any unwanted, unwelcome, or unsolicited sexual conduct is imposed on a person who regards it as offensive or undesirable, it may be sexual harassment. Sexual harassment may include but is not limited to: Direct unwanted propositions of a sexual nature; Direct or implied threats that submission to sexual advances is a condition of employment, promotion or advancement in grades, letters of recommendation, scholarships or any related matter;A pattern of conduct intentionally intended and/or which has the effect of humiliating another that includes examples of the following; comments of a sexual nature; sexually explicit statements, questions, anecdotes, jokes, pictures, or other written materials;A pattern of conduct that would humiliate another (using the reasonable person standard) which would include the following: unnecessary touching, patting, hugging, or brushing against another's body, remarks of a sexual nature about a person's clothing or body, or remarks about sexual activity or speculations about sexual experiences.

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SECTION 6. CONFIDENTIALITY The University is committed to take corrective action when it becomes aware of a problem involving sexual harassment. Individuals are strongly encouraged to come forward with complaints regarding sexual harassment and to seek assistance from University officials. The University cannot insure confidentiality upon receipt of a complaint of sexual harassment; however, dissemination of information relating to the case should be limited, in order that the privacy of all individuals involved is safeguarded as fully as possible to the extent permitted by law. The University will enforce compliance with the non-retaliation provision of this policy. The University may proceed to investigate a complaint without the consent of the individual who originally filed the complaint. The University Counseling Service and the Women's Center are available to provide assistance and guidance to individuals who have complaints about sexual harassment. An individual who comes to a member of the staff or counselor with a concern regarding alleged sexual harassment will be encouraged to file a sexual harassment complaint. However, the counselor will to the extent permitted by law, upon the individual's request, maintain the confidentiality of the information provided to the counselor.

SECTION 7. COMPLAINT PROCEDURES A complaint alleging a violation of this policy should be directed to one of the following University officials Director of Diversity & Equity Programs, Appropriate Dean, Supervisor, Vice-President.

INFORMAL PROCESS Complaints should be lodged as soon as possible after the alleged incident, but not later than 180 days after said incident. The University official who receives the complaint will advise the Complainant of the formal and informal resolution alternatives. With the Complainant's consent, the University official to whom the complaint was brought will assist in the resolution of the problem with the involved parties or direct them to the appropriate party who can aid in resolving the dispute. The complaint will be considered "open for informal resolution". Matters referred for informal resolution must be closed or referred to the Director, Diversity and Equity Programs for formal resolution within thirty (30) days of the lodging of the initial complaint. Extensions may be granted by the Director, Diversity and Equity Programs with the consent of the Complainant. The University official to whom the complaint is brought must either contact or refer the Complainant to the Office of Diversity and Equity Programs: Provide the Complainant with a copy of the Sexual Harassment Policy,Advise the Complainant as to the options available under this policy, including, but not limited to, the 180 day time limit for filing a CHRO complaint.Notify the Director, Office of Diversity and Equity Programs, in writing, of the complaint within 48 hours with a statement of how the matter will be handled; and notify the Respondent within 14 days of the lodging of the initial complaint.

FORMAL PROCESS If the informal process is unsuccessful or if the Complainant employee wishes to bypass the informal process, he/she may file a formal complaint with the Director, Office of Diversity and Equity Programs within 180 calendar days of the alleged harassment giving rise to the complaint. (Please note that the 180 day time limit also applies to filing a CHRO complaint.) If a University official becomes aware of a claim of harassment and believes that the claim bas merit and requires further investigation, the University official can file a formal complaint. Although the University will attempt to keep the Complainant's name confidential, the Complainant cannot be given an absolute promise of confidentiality. This does not mitigate the University's belief that all participants should maintain confidentiality. The Complainant will be informed that the University official intends to file a formal complaint and will explain to the Complainant what the University will do to prevent, and if necessary, to address acts of retaliation. The Complainant and the Respondent shall have the right to representation, and shall be afforded due process. Anyone wishing to file a formal complaint will be asked to put the complaint in writing; alternatively, the University official who received the informal complaint may opt to reduce the complaint to writing in order to proceed with the investigation. A written complaint shall include the name of the Complainant, the name ofthe Respondent, the date(s) of the alleged

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harassment, the location of the alleged harassment, a description of the incident(s), including any statements made by those present at the incident and a list of all known witnesses. The Complainant should also indicate whether any specific remedy is being sought. The Director, Office of Diversity and Equity Programs will notify in writing the Respondent that a complaint has been filed and provide him/her a copy of the complaint, a copy of the Sexual Harassment Policy and all accompanying material within seven calendar days oft he filing. Within fifteen calendar days of the filing of the formal charge, the Director, Office of Diversity and Equity Programs will afford all parties the opportunity to participate in mediation. The University will designate a mediator who has been trained to mediate such disputes. If the Complainant or the Respondent decides not to participate in mediation or if the mediation is not successful, the Director, Office of Diversity and Equity Programs will further investigate the charges. The purpose of the investigation is to gather information and verify the facts in the dispute. The Director, Office of Diversity and Equity Programs has the authority to interview witnesses and to review personnel files. Investigations will be conducted in a fair and impartial manner. The Complainant and the Respondent will be given the full opportunity to present his/her position. The findings in the investigation will be made available to all parties and submitted to the President within forty-five (45) calendar days ofthe filing of the formal complaint. The findings in the investigation can include the following: No violation of the policy has occurred based upon the information available and no further action is warranted;The parties have reached a mutually acceptable resolution that complies with the Sexual Harassment Policy and any applicable collective bargaining agreements; orThere is a reason to believe that the Respondent has engaged in conduct violating this policy, a mutually acceptable resolution cannot be reached and further action by the University is warranted.

APPEAL OF FINDING Upon a finding by the Director, Office of Diversity and Equity Programs that the University policy bas been violated, the Respondent shall have ten (10) days to appeal said finding to the Sexual Harassment Appeals Panel. This Panel, appointed by the President, will have been trained in the area of Sexual Harassment law and administrative process. It will be comprised of five (5) members representing the following University constituencies: Instructional Faculty (AAUP)Administrative Faculty/Staff (SUOAF~FSCME)Clericai/Maintenance (AFSCME)Students (Student Government Association)At-large (Presidential Discretion) The Panel shall hear the appeal within thirty (30) days of its filing. The Panel's charge will be to ascertain the validity of the Director, Office of Diversity and Equity Programs finding, then either uphold said finding, modify it, or overturn it. In any event, the decision should be rendered within thirty (30) days of said hearing and presented to the President. The conduct of said hearing shall follow standard administrative law procedure and though formal in process, shall not strictly adhere to traditional rules of evidence or civil procedure. However, both Complainant and Respondent will be permitted to be represented by counsel, or an advocate. The Panel will ensure that both Complainant and Respondent have access to all relevant documents to the extent permitted by law. Access shall include but not be limited to all documents presented to or considered by the panel. Should the panel uphold the finding of the Director, Office of Diversity and Equity Programs that the Sexual Harassment Policy has been violated, the Respondent can then appeal only to the President. Should the panel overturn said finding of the Director, Office of Diversity and Equity Programs, the case is disposed of as far as the University is concerned. However, once overturned the Complainant can then at his/her option file his/her complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO), the Equal Employment Opportunity Commission (EEOC), the office of Civil Rights (OCR) or exercise whatever legal options he/she chooses.

SANCTIONS In the event of finding that a violation of the policy has occurred, and a mutually agreeable resolution has not

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been reached to the satisfaction of the parties and the University, appropriate corrective actions for staff and faculty will be governed by the disciplinary articles of the appropriate collective bargaining agreement, the personnel policies if there is no collective bargaining agreement in effect, or for the students the disciplinary articles under the Student Code of Conduct.

SECTION 8. RETALIATION Swift and appropriate action will be taken against any member of the University community who is found to have retaliated against any other member of the University community because be/she reported sexual harassment, assisted in the investigation of a sexual harassment complaint, or testified or otherwise participated in a proceeding or bearing relating to an allegation of sexual harassment within the University. Retaliation may include, but is not limited to, any form of hostility, intimidation, reprisal or harassment.

SECTION 9. ALTERNATIVE LEGAL REMEDIES Nothing contained in the Policy is intended to deny any member of the University community the right to pursue other avenues of recourse in the event he/she believes that he/she has experienced sexual harassment. Such recourse may include filing charges with a state or federal enforcement agency, or initiating civil or criminal action under state and federal law.

SECTION 10. DISSEMINATION OF POLICY This Policy shall be conspicuously posted throughout each school building in areas accessible to students, faculty and staff members. This policy shall appear in the student handbook and faculty handbook and shall be reviewed periodically for compliance with state and federal law. FOR FURTHER INFORMATION ABOUT THIS POLICY OR FOR HELP WITH A SEXUAL HARASSMENT PROBLEM, CONSULT- The Director, Office of Diversity and Equity Programs, Pamela M. Lassiter, Buley Library 207, (203) 392-5491. For more general information, you may contact the Connecticut Commission on Human Rights and Opportunities, 21 Grand Street, Hartford, CT 06106; (86o) 541-3400, the Equal Employment Opportunity Commission, One Congress Street, 10th Floor, Suite 1001, Boston, Massachusetts, 02114; (Boo) 669-4000, (617) 565-3200 or the Department of Education, Boston Office, Office of Civil Rights, Room 222, J W McCormack Building, Post Office and Court House, Boston, MA 02109; (617) 223-9662. The policy will include an appendix with names and addresses of university officials, student counseling, Women's Center, etc. that can be changed as needed.

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UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS THE ASSISTANT SECRETARY

April 4, 2011

Dear Colleague: Education has long been recognized as the great equalizer in America. The U.S. Department of Education and its Office for Civil Rights (OCR) believe that providing all students with an educational environment free from discrimination is extremely important. The sexual harassment of students, including sexual violence, interferes with students' right to receive an education free from discrimination and, in the case of sexual violence, is a crime. Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. In order to assist recipients, which include school districts, colleges, and 1 universities (hereinafter "schools" or "recipients") in meeting these obligations, this letter explains that the requirements of Title IX pertaining to sexual harassment also cover sexual 2 violence, and lays out the specific Title IX requirements applicable to sexual violence. Sexual violence, as that term is used in this letter, 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 or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, 1

.., ll,

The Department has determined that this Dear Colleague letter is a "significant guidance document" under the Office of Management and Budget's Final Bulletin for Agency Good Guidance Practices, 72 Fed. Reg. 3432 (Jan. 25, 2007), available at: http :Uwww.wh lteho use.gov/sltes/defa uIt/files/ om b/assets/regu !a to ry matters pdf/0 12507 good gu idance.pdf. OCR issues this and other policy guidance to provide recipients with information to assist them in meeting their obligations, and to provide members of the public with information about their rights, under the civil rights laws and implementing regulations that we enforce. OCR's legal authority is based on those laws and regulations. This letter does not add requirements to applicable law, but provides information and examples to inform recipients about how OCR evaluates whether covered entities are complying with their legal obligations. If you are interested in commenting on this guidance, please send an e-mail with your comments to OCR@ed.gov, or write to us at the following address: Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202. 2 Use of the term "sexual harassment" throughout this document includes sexual violence unless otherwise noted. Sexual harassment also may violate Title IV of the Civil Rights Act of 1964 (42 U.S.C. § 2000c), which prohibits public school districts and colleges from discriminating against students on the basis of sex, among other bases. The U.S. Department of Justice enforces Title IV.

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Page 2- Dear Colleague Letter: Sexual Violence

sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX. The statistics on sexual violence are both deeply troubling and a call to action for the nation. A report prepared for the National Institute of Justice found that about 1 in 5 women are victims of completed or attempted sexual assault while in college. 3 The report also found that approximately 6.1 percent of males were victims of completed or attempted sexual assault 4 during college. According to data collected under the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act (Ciery ActL 20 U.S.C. ยง 1092(f), in 2009, college 5 campuses reported nearly 3,300 forcible sex offenses as defined by the Clery Act. This problem is not limited to college. During the 2007-2008 school year, there were 800 reported incidents of rape and attempted rape and 3,800 reported incidents of other sexual batteries at public 6 high schools. Additionally, the likelihood that a woman with intellectual disabilities will be 7 sexually assaulted is estimated to be significantly higher than the general population. The Department is deeply concerned about this problem and is committed to ensuring that all students feel safe in their school, so that they have the opportunity to benefit fully from the school's programs and activities. This letter begins with a discussion of Title IX's requirements related to student-on-student sexual harassment, including sexual violence, and explains schools' responsibility to take immediate and effective steps to end sexual harassment and sexual violence. These requirements are discussed in detail in OCR's Revised Sexual Harassment Guidance issued in 8 2001 (2001 Guidance). This letter supplements the 2001 Guidance by providing additional guidance and practical examples regarding the Title IX requirements as they relate to sexual violence. This letter concludes by discussing the proactive efforts schools can take to prevent sexual harassment and violence, and by providing examples of remedies that schools and OCR may use to end such conduct, prevent its recurrence, and address its effects. Although some examples contained in this letter are applicable only in the postsecondary context, sexual 3

CHRISTOPHER P. KREBS ET AL., THE CAMPUS SEXUAL ASSAULT STUDY: FINAL REPORT Xiii (Nat' I Criminal Justice Reference Serv., Oct. 2007}, available at http://www.ncjrs.gov/pdffiles1/nij/grants/221153.pdf. This study also found that the majority of campus sexual assaults occur when women are incapacitated, primarily by alcohol. /d. at xviii. 4 /d. at 5-S. 5 U.S. Department of Education, Office of Postsecondary Education, Summary Crime Statistics (data compiled from reports submitted in compliance with the Clery Act), available at http://www2.ed.gov/admins/lead/safety/criminal2007-09.pdf. Under the Clery Act, forcible sex offenses are defined as any sexual act directed against another person, forcibly and/or against that person's will, or not forcibly or against the person's will where the victim is incapable of giving consent. Forcible sex offenses include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. 34 C.F.R. Part 668, Subpt. D, App. A. 6 SIMONE ROBERS ET AL., INDICATORS OF SCHOOL CRIME AND SAFETY: 2010 at 104 (U.S. Dep't of Educ. & U.S. Dep't of Justice, Nov. 2010), available at http://nces.ed.gov/pubs2011/2011002.pdf. 7 ERIKA HARRELL & MICHAEL R. RAND, CRIME AGAINST PEOPLE WITH DISABILITIES, 2008 (Bureau of Justice Statistics, U.S. Dep't of Justice, Dec. 2010), available at http:Ubjs.ojp.usdoj.gov/content/pub/pdf/capd08.pdf. 8 The 2001 Guidance is available on the Department's Web site at http://www2.ed.gov/about/offices/list/ocr/docs/shguide.pdf. This letter focuses on peer sexual harassment and violence. Schools' obligations and the appropriate response to sexual harassment and violence committed by employees may be different from those described in this letter. Recipients should refer to the 2001 Guidance for further information about employee harassment of students.

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harassment and violence also are concerns for school districts. The Title IX obligations discussed in this letter apply equally to school districts unless otherwise noted. Title IX Requirements Related to Sexual Harassment and Sexual Violence Schools' Obligations to Respond to Sexual Harassment and Sexual Violence Sexual harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a 9 sexual nature. Sexual violence is a form of sexual harassment prohibited by Title IX. As explained in OCR's 2001 Guidance, when a student sexually harasses another student, the harassing conduct creates a hostile environment if the conduct is sufficiently serious that it interferes with or limits a student's ability to participate in or benefit from the school's program. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical. Indeed, a single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. For instance, a single instance of rape is sufficiently severe to create a hostile environment. 10 Title IX protects students from sexual harassment in a school's education programs and activities. This means that Title IX protects students in connection with all the academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school's facilities, on a school bus, at a class or training program

Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature. The Title IX obligations discussed in this letter also apply to gender-based harassment. Genderbased harassment is discussed in more detail in the 2001 Guidance, and in the 2010 Dear Colleague letter on Harassment and Bullying, which is available at http://www2.ed.gov/about/offices/list/ocr/letters/colleague201010.pdf. 10 See, e.g., Jennings v. Univ. of N.C., 444 F.3d 255, 268, 274 n.12 (4th Cir. 2006) (acknowledging that while not an issue in this case, a single incident of sexual assault or rape could be sufficient to raise a jury question about whether a hostile environment exists, and noting that courts look to Title VII cases for guidance in analyzing Title IX sexual harassment claims); Vance v. Spencer Cnty. Pub. Sch. Dist., 231 F.3d 253, 259 n.4 (6th Cir. 2000) ("'[w]ithin the context of Title IX, a student's claim of hostile environment can arise from a single incident"' (quoting Doe v. Sch. Admin. Dist. No. 19, 66 F. Supp. 2d 57, 62 (D. Me. 1999))); Soper v. Hoben, 195 F.3d 845, 855 (6th Cir. 1999) (explaining that rape and sexual abuse "obviously qualif[y] as ... severe, pervasive, and objectively offensive sexual harassment"); see also Berry v. Chi. Transit Auth., 618 F.3d 688, 692 (7th Cir. 2010) (in the Title VII context, "a single act can create a hostile environment if it is severe enough, and instances of uninvited physical contact with intimate parts of the body are among the most severe types of sexual harassment"); Turner v. Saloon, Ltd., 595 F.3d 679, 686 (7th Cir. 2010) (noting that '"[o]ne instance of conduct that is sufficiently severe may be enough,"' which is "especially true when the touching is of an intimate body part" (quoting Jackson v. Cnty. of Racine, 474 F.3d 493, 499 (7th Cir. 2007))); McKinnis v. Crescent Guardian, Inc., 189 F. App'x 307, 310 (5th Cir. 2006) (holding that "'the deliberate and unwanted touching of [a plaintiff's] intimate body parts can constitute severe sexual harassment"' in Title VII cases (quoting Harvill v. Westward Commc'ns, L.L.C., 433 F.3d 428, 436 (5th Cir. 2005))).

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sponsored by the school at another location, or elsewhere. For example, Title IX protects a 11 student who is sexually assaulted by a fellow student during a school-sponsored field trip. If a school knows or reasonably should know about student-on-student harassment that creates a hostile environment, Title IX requires the school to take immediate action to eliminate 12 the harassment, prevent its recurrence, and address its effects. Schools also are required to publish a notice of nondiscrimination and to adopt and publish grievance procedures. Because of these requirements, which are discussed in greater detail in the following section, schools need to ensure that their employees are trained so that they know to report harassment to appropriate school officials, and so that employees with the authority to address harassment know how to respond properly. Training for employees should include practical information about how to identify and report sexual harassment and violence. OCR recommends that this training be provided to any employees likely to witness or receive reports of sexual harassment and violence, including teachers, school law enforcement unit employees, school administrators, school counselors, general counsels, health personnel, and resident advisors. Schools may have an obligation to respond to student-on-student sexual harassment that initially occurred off school grounds, outside a school's education program or activity. If a student files a complaint with the school, regardless of where the conduct occurred, the school must process the complaint in accordance with its established procedures. Because students often experience the continuing effects of off-campus sexual harassment in the educational setting, schools should consider the effects ofthe off-campus conduct when evaluating whether there is a hostile environment on campus. For example, if a student alleges that he or she was sexually assaulted by another student off school grounds, and that upon returning to school he or she was taunted and harassed by other students who are the alleged perpetrator's friends, the school should take the earlier sexual assault into account in determining whether there is a sexually hostile environment. The school also should take steps to protect a student who was assaulted off campus from further sexual harassment or retaliation from the perpetrator and his or her associates. Regardless of whether a harassed student, his or her parent, or a third party files a complaint under the school's grievance procedures or otherwise requests action on the student's behalf, a school that knows, or reasonably should know, about possible harassment must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation. As discussed later in this letter, the school's Title IX investigation is different from any law enforcement investigation, and a law enforcement investigation does not relieve the school of its independent Title IX obligation to investigate the conduct. The specific steps in a school's 11

Title IX also protects third parties from sexual harassment or violence in a school's education programs and activities. For example, Title IX protects a high school student participating in a college's recruitment program, a visiting student athlete, and a visitor in a school's on-campus residence hall. Title IX also protects employees of a recipient from sexual harassment. For further information about harassment of employees, see 2001 Guidance at n.l. 12 This is the standard for administrative enforcement of Title IX and in court cases where plaintiffs are seeking injunctive relief. See 2001 Guidance at ii-v, 12-13. The standard in private lawsuits for monetary damages is actual knowledge and deliberate indifference. See Davis v. Monroe Cnty. Bd. of Ed., 526 U.S. 629, 643, 648 (1999).

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investigation will vary depending upon the nature of the allegations, the age of the student or students involved (particularly in elementary and secondary schools), the size and administrative structure of the school, and other factors. Yet as discussed in more detail below, the school's inquiry must in all cases be prompt, thorough, and impartial. In cases involving potential criminal conduct, school personnel must determine, consistent with State and local 13 law, whether appropriate law enforcement or other authorities should be notified. Schools also should inform and obtain consent from the complainant (or the complainant's parents if the complainant is under 18 and does not attend a postsecondary institution) before beginning an investigation. If the complainant requests confidentiality or asks that the complaint not be pursued, the school should take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that his or her name or other identifiable information not be disclosed to the alleged perpetrator, the school should inform the complainant that its ability to respond may be limited. 14 The school also should tell the complainant that Title IX prohibits retaliation, and that school officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs. As discussed in the 2001 Guidance, if the complainant continues to ask that his or her name or other identifiable information not be revealed, the school should evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. Thus, the school may weigh the request for confidentiality against the following factors: the seriousness of the alleged harassment; the complainant's age; whether there have been other harassment complaints about the same individual; and the alleged harasser's rights to receive information about the allegations if the information is maintained by the school as an "education record" under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 15 ยง 1232g; 34 C.F.R. Part 99. The school should inform the complainant if it cannot ensure confidentiality. Even if the school cannot take disciplinary action against the alleged harasser because the complainant insists on confidentiality, it should pursue other steps to limit the effects of the alleged harassment and prevent its recurrence. Examples of such steps are discussed later in this letter. Compliance with Title IX, such as publishing a notice of nondiscrimination, designating an employee to coordinate Title IX compliance, and adopting and publishing grievance procedures, can serve as preventive measures against harassment. Combined with education and training programs, these measures can help ensure that all students and employees recognize the 13

In states with mandatory reporting laws, schools may be required to report certain incidents to local law enforcement or child protection agencies. 14 Schools should refer to the 2001 Guidance for additional information on confidentiality and the alleged perpetrator's due process rights. 15 For example, the alleged harasser may have a right under FERPA to inspect and review portions of the complaint that directly relate to him or her. In that case, the school must redact the complainant's name and other identifying information before allowing the alleged harasser to inspect and review the sections of the complaint that relate to him or her. In some cases, such as those where the school is required to report the incident to local law enforcement or other officials, the school may not be able to maintain the complainant's confidentiality.

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nature of sexual harassment and violence, and understand that the school will not tolerate such conduct. Indeed, these measures may bring potentially problematic conduct to the school's attention before it becomes serious enough to create a hostile environment. Training for administrators, teachers, staff, and students also can help ensure that they understand what types of conduct constitute sexual harassment or violence, can identify warning signals that may need attention, and know how to respond. More detailed information and examples of education and other preventive measures are provided later in this letter.

Procedural Requirements Pertaining to Sexual Harassment and Sexual Violence Recipients of Federal financial assistance must comply with the procedural requirements outlined in the Title IX implementing regulations. Specifically, a recipient must: (A) Disseminate a notice of nondiscrimination;

(B) Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX/7 and

(C) Adopt and publish grievance procedures providing for prompt and equitable resolution 18 of student and employee sex discrimination complaints. These requirements apply to all forms of sexual harassment, including sexual violence, and are important for preventing and effectively responding to sex discrimination. They are discussed in greater detail below. OCR advises recipients to examine their current policies and procedures on sexual harassment and sexual violence to determine whether those policies comply with the requirements articulated in this letter and the 2001 Guidance. Recipients should then implement changes as needed.

(A) Notice of Nondiscrimination The Title IX regulations require that each recipient publish a notice of nondiscrimination stating that the recipient does not discriminate on the basis of sex in its education programs and 19 activities, and that Title IX requires it not to discriminate in such a manner. The notice must state that inquiries concerning the application of Title IX may be referred to the recipient's Title IX coordinator or to OCR. It should include the name or title, office address, telephone number, and e-mail address for the recipient's designated Title IX coordinator. The notice must be widely distributed to all students, parents of elementary and secondary students, employees, applicants for admission and employment, and other relevant persons. OCR recommends that the notice be prominently posted on school Web sites and at various 16

34 C.F.R. ยง 106.9. td. ยง 106.8(a). 18 ld. ยง 106.8(b). 19 td. ยง 106.9(a). 17

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locations throughout the school or campus and published in electronic and printed publications of general distribution that provide information to students and employees about the school's services and policies. The notice should be available and easily accessible on an ongoing basis. Title IX does not require a recipient to adopt a policy specifically prohibiting sexual harassment or sexual violence. As noted in the 2001 Guidance, however, a recipient's general policy prohibiting sex discrimination will not be considered effective and would violate Title IX it because of the lack of a specific policy, students are unaware of what kind of conduct constitutes sexual harassment, including sexual violence, or that such conduct is prohibited sex discrimination. OCR therefore recommends that a recipient's nondiscrimination policy state that prohibited sex discrimination covers sexual harassment, including sexual violence, and that the policy include examples of the types of conduct that it covers.

(B) Title IX Coordinator The Title IX regulations require a recipient to notify all students and employees of the name or title and contact information of the person designated to coordinate the recipient's compliance 20 with Title IX. The coordinator's responsibilities include overseeing all Title IX complaints and identifying and addressing any patterns or systemic problems that arise during the review of such complaints. The Title IX coordinator or designee should be available to meet with students as needed. If a recipient designates more than one Title IX coordinator, the notice should describe each coordinator's responsibilities (e.g., who will handle complaints by students, faculty, and other employees). The recipient should designate one coordinator as having ultimate oversight responsibility, and the other coordinators should have titles clearly showing that they are in a deputy or supporting role to the senior coordinator. The Title IX coordinators should not have other job responsibilities that may create a conflict of interest. For example, serving as the Title IX coordinator and a disciplinary hearing board member or general counsel may create a conflict of interest.

\.,..

Recipients must ensure that employees designated to serve as Title IX coordinators have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the recipient's grievance procedures operate. Because sexual violence complaints often are filed with the school's law enforcement unit, all school law enforcement unit employees should receive training on the school's Title IX grievance procedures and any other procedures used for investigating reports of sexual violence. In addition, these employees should receive copies of the school's Title IX policies. Schools should instruct law enforcement unit employees both to notify complainants of their right to file a Title IX sex discrimination complaint with the school in addition to filing a criminal complaint, and to report incidents of sexual violence to the Title IX coordinator if the complainant consents. The school's Title IX coordinator or designee should be available to provide assistance to school law enforcement unit employees regarding how to respond appropriately to reports of sexual violence. The Tith~ IX coordinator also should be given access to school law enforcement unit investigation notes 20

/d. ยง 106.8(a).

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and findings as necessary for the Title IX investigation, so long as it does not compromise the criminal investigation.

(C) Grievance Procedures The Title IX regulations require all recipients to adopt and publish grievance procedures 21 providing for the prompt and equitable resolution of sex discrimination complaints. The grievance procedures must apply to sex discrimination complaints filed by students against school employees, other students, or third parties. Title IX does not require a recipient to provide separate grievance procedures for sexual harassment and sexual violence complaints. Therefore, a recipient may use student disciplinary procedures or other separate procedures to resolve such complaints. Any procedures used to adjudicate complaints of sexual harassment or sexual violence, including disciplinary procedures, however, must meet the Title IX requirement of affording a complainant a prompt and equitable resolution. 22 These requirements are discussed in greater detail below. If the recipient relies on disciplinary procedures for Title IX compliance, the Title IX coordinator should review the recipient's disciplinary procedures to ensure that the procedures comply 23 with the prompt and equitable requirements of Title IX. Grievance procedures generally may include voluntary informal mechanisms (e.g., mediation) for resolving some types of sexual harassment complaints. OCR has frequently advised recipients, however, that it is improper for a student who complains of harassment to be required to work out the problem directly with the alleged perpetrator, and certainly not without appropriate involvement by the school (e.g., participation by a trained counselor, a trained mediator, or, if appropriate, a teacher or administrator). In addition, as stated in the 2001 Guidance, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. Moreover, in cases involving allegations of sexual assault, mediation is not appropriate even on a voluntary basis. OCR recommends that recipients clarify in their grievance procedures that mediation will not be used to resolve sexual assault complaints.

(

/d. § 106.8(b). Title IX also requires recipients to adopt and publish grievance procedures for employee complaints of sex discrimination. 22 These procedures must apply to all students, including athletes. If a complaint of sexual violence involves a student athlete, the school must follow its standard procedures for resolving sexual violence complaints. Such complaints must not be addressed solely by athletics department procedures. Additionally, if an alleged perpetrator Is an elementary or secondary student with a disability, schools must follow the procedural safeguards in the Individuals with Disabilities Education Act (at 20 U.S.C. § 1415 and 34 C.F.R. §§ 300.500-300.519, 300.530300.537) as well as the requirements of Section 504 of the Rehabilitation Act of 1973 (at 34 C.F.R. §§ 104.35104.36) when conducting the investigation and hearing. 23 A school may not absolve itself of its Title IX obligations to investigate and resolve complaints of sexual harassment or violence by delegating, whether through express contractual agreement or other less formal arrangement, the responsibility to administer school discipline to school resource officers or "contract" law enforcement officers. See 34 C.F.R. § 106.4.

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Prompt and Equitable Requirements

As stated in the 2001 Guidance, OCR has identified a number of elements in evaluating whether a school's grievance procedures provide for prompt and equitable resolution of sexual harassment complaints. These elements also apply to sexual violence complaints because, as explained above, sexual violence is a form of sexual harassment. OCR will review all aspects of a school's grievance procedures, including the following elements that are critical to achieve compliance with Title IX: • Notice to students, parents of elementary and secondary students, and employees of the grievance procedures, including where complaints may be filed; • Application of the procedures to complaints alleging harassment carried out by employees, other students, or third parties; • Adequate, reliable, and impartial investigation of complaints, including the opportunity for both parties to present witnesses and other evidence; • Designated and reasonably prompt time frames for the major stages of the complaint process; 24 • Notice to parties of the outcome of the complaint; and • An assurance that the school will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate. As noted in the 2001 Guidance, procedures adopted by schools will vary in detail, specificity, and components, reflecting differences in the age of students, school sizes and administrative structures, State or local legal requirements, and past experiences. Although OCR examines whether all applicable elements are addressed when investigating sexual harassment complaints, this letter focuses on those elements where our work indicates that more clarification and explanation are needed, including:

(A) Notice of the grievance procedures The procedures for resolving complaints of sex discrimination, including sexual harassment, should be written in language appropriate to the age of the school's students, easily understood, easily located, and widely distributed. OCR recommends that the grievance procedures be prominently posted on school Web sites; sent electronically to all members of the school community; available at various locations throughout the school or campus; and summarized in or attached to major publications issued by the school, such as handbooks, codes of conduct, and catalogs for students, parents of elementary and secondary students, faculty, and staff.

(B) Adequate, Reliable, and Impartial Investigation of Complaints OCR's work indicates that a number of issues related to an adequate, reliable, and impartial investigation arise in sexual harassment and violence complaints. In some cases, the conduct 24

"Outcome" does not refer to information about disciplinary sanctions unless otherwise noted. Notice of the outcome is discussed in greater detail in Section D below.

Page 10- Dear Colleague Letter: Sexual Violence may constitute both sexual harassment under Title IX and criminal activity. Police investigations may be useful for fact-gathering; but because the standards for criminal investigations are different, police investigations or reports are not determinative of whether sexual-harassment or violence violates Title IX. Conduct may constitute unlawful sexual harassment under Title IX even ifthe police do not have sufficient evidence of a criminal violation. In addition, a criminal investigation into allegations of sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably. A school should notify a complainant ofthe right to file a criminal complaint, and should not dissuade a victim from doing so either during or after the school's internal Title IX investigation. For instance, if a complainant wants to file a police report, the school should not tell the complainant that it is working toward a solution and instruct, or ask, the complainant to wait to file the report. Schools should not wait for the conclusion of a criminal investigation or criminal proceeding to begin their own Title IX investigation and, if needed, must take immediate steps to protect the student in the educational setting. For example, a school should not delay conducting its own investigation or taking steps to protect the complainant because it wants to see whether the alleged perpetrator will be found guilty of a crime. Any agreement or Memorandum of Understanding (MOU) with a local police department must allow the school to meet its Title IX obligation to resolve complaints promptly and equitably. Although a school may need to delay temporarily the fact-finding portion of a Title IX investigation while the police are gathering evidence, once notified that the police department has completed its gathering of evidence (not the ultimate outcome of the investigation or the filing of any charges), the school must 25 promptly resume and complete its fact-finding for the Title IX investigation. Moreover, nothing in an MOU or the criminal investigation itself should prevent a school from notifying complainants of their Title IX rights and the school's grievance procedures, or from taking interim steps to ensure the safety and well-being of the complainant and the school community while the law enforcement agency's fact-gathering is in progress. OCR also recommends that a school's MOU include clear policies on when a school will refer a matter to local law enforcement. As noted above, the Title IX regulation requires schools to provide equitable grievance procedures. As part of these procedures, schools generally conduct investigations and hearings to determine whether sexual harassment or violence occurred. In addressing complaints filed with OCR under Title IX, OCR reviews a school's procedures to determine whether the school is using a preponderance of the evidence standard to evaluate complaints. The Supreme Court has applied a preponderance of the evidence standard in civil litigation involving discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. Â§Â§ 2000e et seq. Like Title IX,

In one recent OCR sexual violence case, the prosecutor's office informed OCR that the police department's evidence gathering stage typically takes three to ten calendar days, although the delay in the school's investigation may be longer in certain instances.

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Title VII prohibits discrimination on the basis of sex. 26 OCR also uses a preponderance of the evidence standard when it resolves complaints against recipients. For instance, OCR's Case Processing Manual requires that a noncompliance determination be supported by the preponderance ofthe evidence when resolving allegations of discrimination under all the statutes enforced by OCR, including Title IX. 27 OCR also uses a preponderance of the evidence standard in its fund termination administrative hearings. 28 Thus, in order for a school's grievance procedures to be consistent with Title IX standards, the school must use a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred). The "clear and convincing" standard (i.e., it is highly probable or reasonably certain that the sexual harassment or violence occurred), currently used by some schools, is a higher standard of proof. Grievance procedures that use this higher standard are inconsistent with the standard of proof established for violations ofthe civil rights laws, and are thus not equitable under Title IX. Therefore, preponderance of the evidence is the appropriate standard for investigating allegations of sexual harassment or violence. Throughout a school's Title IX investigation, including at any hearing, the parties must have an equal opportunity to present relevant witnesses and other evidence. The complainant and the alleged perpetrator must be afforded similar and timely access to any information that will be 29 used at the hearing. For example, a school should not conduct a pre-hearing meeting during which only the alleged perpetrator is present and given an opportunity to present his or her side of the story, unless a similar meeting takes place with the complainant; a hearing officer or disciplinary board should not allow only the alleged perpetrator to present character witnesses at a hearing; and a school should not allow the alleged perpetrator to review the complainant's

See, e.g., Desert Palace, Inc. v. Costa, 539 U.S. 90, 99 (2003) (noting that under the "conventional rule of civil litigation," the preponderance of the evidence standard generally applies in cases under Title VII); Price Waterhouse v. Hopkins, 490 U.S. 228, 252-55 (1989) (approving preponderance standard in Title VII sex discrimination case) (plurality opinion); id. at 260 (White, J., concurring in the judgment); id. at 261 (O'Connor, J., concurring in the judgment). The 2001 Guidance noted (on page vi) that "[w]hile Gebser and Davis made clear that Title VII agency principles do not apply in determining liability for money damages under Title IX, the Davis Court also indicated, through its specific references to Title VII caselaw, that Title VII remains relevant in determining what constitutes hostile environment sexual harassment under Title IX." See also Jennings v. Univ. of N.C., 482 F.3d 686, 695 (4th Cir. 2007) ("We look to case law interpreting Title VII of the Civil Rights Act of 1964 for guidance in evaluating a claim brought under Title IX."). 27 OCR's Case Processing Manual is available on the Department's Web site, at http:Uwww2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html. 28 The Title IX regulations adopt the procedural provisions applicable to Title VI of the Civil Rights Act of 1964. See 34 C.F.R. ยง 106.71 ("The procedural provisions applicable to Title VI of the Civil Rights Act of 1964 are hereby adopted and incorporated herein by reference."). The Title VI regulations apply the Administrative Procedure Act to administrative hearings required prior to termination of Federal financial assistance and require that termination decisions be "supported by and in accordance with the reliable, probative and substantial evidence." 5 U.S.C. ยง 556{d). The Supreme Court has interpreted "reliable, probative and substantial evidence" as a direction to use the preponderance standard. See Steadman v. SEC, 450 U.S. 91, 98-102 (1981). 29 Access to this information must be provided consistent with FERPA. For example, if a school introduces an alleged perpetrator's prior disciplinary records to support a tougher disciplinary penalty, the complainant would not be allowed access to those records. Additionally, access should not be given to privileged or confidential information. For example, the alleged perpetrator should not be given access to communications between the complainant and a counselor or information regarding the complainant's sexual history.

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statement without also allowing the complainant to review the alleged perpetrator's statement. While OCR does not require schools to permit parties to have lawyers at any stage of the proceedings, if a school chooses to allow the parties to have their lawyers participate in the proceedings, it must do so equally for both parties. Additionally, any school-imposed restrictions on the ability of lawyers to speak or otherwise participate in the proceedings should apply equally. OCR strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing. Allowing an alleged perpetrator to question an alleged victim directly may be traumatic or intimidating, thereby possibly escalating or perpetuating a hostile environment. OCR also recommends that schools provide an appeals process. If a school provides for appeal of the findings or remedy, it must do so for both parties. Schools must maintain documentation of all proceedings, which may include written findings of facts, transcripts, or audio recordings. All persons involved in implementing a recipient's grievance procedures (e.g., Title IX coordinators, investigators, and adjudicators) must have training or experience in handling complaints of sexual harassment and sexual violence, and in the recipient's grievance procedures. The training also should include applicable confidentiality requirements. In sexual violence cases, the fact-finder and decision-maker also should have adequate training or knowledge regarding sexual violence. 30 Additionally, a school's investigation and hearing processes cannot be equitable unless they are impartial. Therefore, any real or perceived conflicts of interest between the fact-finder or decision-maker and the parties should be disclosed. Public and state-supported schools must provide due process to the alleged perpetrator. However, schools should ensure that steps taken to accord due process rights to the alleged perpetrator do not restrict or unnecessarily delay the Title IX protections for the complainant.

(C) Designated and Reasonably Prompt Time Frames OCR will evaluate whether a school's grievance procedures specify the time frames for all major stages of the procedures, as well as the process for extending timelines. Grievance procedures should specify the time frame within which: (1) the school will conduct a full investigation of the complaint; (2) both parties receive a response regarding the outcome of the complaint; and (3) the parties may file an appeal, if applicable. Both parties should be given periodic status updates. Based on OCR experience, a typical investigation takes approximately 60 calendar days following receipt of the complaint. Whether OCR considers complaint resolutions to be timely, however, will vary depending on the complexity of the investigation and the severity and extent of the harassment. For example, the resolution of a complaint involving multiple incidents with multiple complainants likely would take longer than one involving a single incident that

째

For instance, if an investigation or hearing involves forensic evidence, that evidence should be reviewed by a trained forensic examiner.

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occurred in a classroom during school hours with a single complainant.

(D) Notice of Outcome Both parties must be notified, in writing, about the outcome of both the complaint and any 31 appeal, i.e., whether harassment was found to have occurred. OCR recommends that schools provide the written determ_ination of the final outcome to the complainant and the alleged perpetrator concurrently. Title IX does not require the school to notify the alleged perpetrator of the outcome before it notifies the complainant.

)

Due to the intersection of Title IX and FERPA requirements, OCR recognizes that there may be 32 confusion regarding what information a school may disclose to the complainant. FERPA generally prohibits the nonconsensual disclosure of personally identifiable information from a student's "education record." However, as stated in the 2001 Guidance, FERPA permits a school to disclose to the harassed student information about the sanction imposed upon a student who was found to have engaged in harassment when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall. 33 Disclosure of other information in the student's "education record," including information about sanctions that do not relate to the harassed student, may result in a violation of FERPA. 34

Further, when the conduct involves a crime of violence or a non-forcible sex offense, FERPA permits a postsecondary institution to disclose to the alleged victim the final results of a 31

As noted previously, "outcome" does not refer to information about disciplinary sanctions unless otherwise noted. 32 In 1994, Congress amended the General Education Provisions Act {GEPA), of which FERPA is a part, to state that nothing in GEPA "shall be construed to affect the applicability of title VI of the Civil Rights Act of 1964, title IX of Education Amendments of 1972, title V of the Rehabilitation Act of 1973, the Age Discrimination Act, or other statutes prohibiting discrimination, to any applicable program." 20 U.S.C. ยง 1221(d). The Department interprets this provision to mean that FERPA continues to apply in the context ofTitle IX enforcement, but if there is a direct conflict between the requirements of FERPA and the requirements of Title IX, such that enforcement of FERPA would interfere ~ith the primary purpose of Title IX to eliminate sex-based discrimination in schools, the requirements ofTitle IX override any conflicting FERPA provisions. See 2001 Guidance at vii. 33 This information directly relates to the complainant and is particularly important in sexual harassment cases because it affects whether a hostile environment has been eliminated. Because seeing the perpetrator may be traumatic, a complainant in a sexual harassment case may continue to be subject to a hostile environment if he or she does not know when the perpetrator will return to school or whether he or she will continue to share classes or a residence hall with the perpetrator. This information also directly affects a complainant's decision regarding how to work with the school to eliminate the hostile environment and prevent its recurrence. For instance, if a complainant knows that the perpetrator will not be at school or will be transferred to other classes or another residence hall for the rest of the year, the complainant may be less likely to want to transfer to another school or change classes, but if the perpetrator will be returning to school after a few days or weeks, or remaining in the complainant's classes or residence hall, the complainant may want to transfer schools or change classes to avoid contact. Thus, the complainant cannot make an informed decision about how best to respond without this information. 34 Under the FERPA regulations, crimes of violence include arson; assault offenses (aggravated assault, simple assault, intimidation); burglary; criminal homicide (manslaughter by negligence); criminal homicide (murder and

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disciplinary proceeding against the alleged perpetrator, regardless of whether the institution concluded that a violation was committed. 35 Additionally, a postsecondary institution may disclose to anyone-not just the alleged victim-the final results of a disciplinary proceeding if it determines that the student is an alleged perpetrator of a crime of violence or a non-forcible sex offense, and, with respect to the allegation made, the student has committed a violation of the institution's rules or policies. 36 Postsecondary institutions also are subject to additional rules under the Clery Act. This law, which applies to postsecondary institutions that participate in Federal student financial aid 37 programs, requires that "both the accuser and the accused must be informed of the outcome 38 of any institutional disciplinary proceeding brought alleging a sex offense." Compliance with this requirement does not constitute a violation of FERPA. Furthermore, the FERPA limitations on redisclosure of information do not apply to information that postsecondary institutions are required to disclose under the Clery Act. 39 Accordingly, postsecondary institutions may not require a complainant to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the redisclosure of this information. Steps to Prevent Sexual Harassment and Sexual Violence and Correct its Discriminatory Effects on the Complainant and Others Education and Prevention In addition to ensuring full compliance with Title IX, schools should take proactive measures to prevent sexual harassment and violence. OCR recommends that all schools implement preventive education programs and make victim resources, including comprehensive victim services, available. Schools may want to include these education programs in their (1) orientation programs for new students, faculty, staff, and employees; (2) training for students who serve as advisors in residence halls; (3) training for student athletes and coaches; and (4) school assemblies and "back to school nights." These programs should include a

non-negligent manslaughter); destruction, damage or vandalism of property; kidnapping/abduction; robbery; and forcible sex offenses. Forcible sex offenses are defined as any sexual act directed against another person forcibly or against that person's will, or not forcibly or against the person's will where the victim is incapable of giving con.sent. Forcible sex offenses include rape, sodomy, sexual assault with an object, and forcible fondling. Nonforcible sex offenses are incest and statutory rape. 34 C.F.R. Part 99, App. A. 35 34 C.F.R. § 99.31(a)(13). For purposes of 34 C.F.R. §§ 99.31(a)(13)-(14), disclosure of "final results" is limited to the name of the alleged perpetrator, any violation found to have been committed, and any sanction imposed against the perpetrator by the school. 34 C.F.R. § 99.39. 36 34 C.F.R. § 99.31(a)(14). 37 For purposes of the Clery Act, "outcome" means the institution's final determination with respect to the alleged sex offense and any sanctions imposed against the accused. 34 C.F.R. § 668.46(b}(11)(vi)(B). 38 34 C.F.R. § 668.46(b)(11)(vi)(B). Under the Clery Act, forcible sex offenses are defined as any sexual act directed against another person forcibly or against that person's will, or not forcibly or against the person's will where the person is incapable of giving consent. Forcible sex offenses include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. Non-forcible sex offenses include incest and statutory rape. 34 C.F.R. Part 668,Subpt.D,App.A. 39 34 C.F.R. § 99.33(c).

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discussion of what constitutes sexual harassment and sexual violence, the school's policies and disciplinary procedures, and the consequences of violating these policies. The education programs also should include information aimed at encouraging students to report incidents of sexual violence to the appropriate school and law enforcement authorities. Schools should be aware that victims or third parties may be deterred from reporting incidents 40 if alcohol, drugs, or other violations of school or campus rules were involved. As a result, schools should consider whether their disciplinary policies have a chilling effect on victims' or other students' reporting of sexual violence offenses. For example, OCR recommends that schools inform students that the schools' primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that use of alcohol or drugs never makes the victim at fault for sexual violence. OCR also recommends that schools develop specific sexual violence materials that include the schools' policies, rules, and resources for students, faculty, coaches, and administrators. Schools also should include such information in their employee handbook and any handbooks that student athletes and members of student activity groups receive. These materials should include where and to whom students should go if they are victims of sexual violence. These materials also should tell students and school employees what to do ifthey learn of an incident of sexual violence. Schools also should assess student activities regularly to ensure that the practices and behavior of students do not violate the schools' policies against sexual harassment and sexual violence.

Remedies and Enforcement As discussed above, if a school determines that sexual harassment that creates a hostile environment has occurred, it must take immediate action to eliminate the hostile environment, prevent its recurrence, and address its effects. In addition to counseling or taking disciplinary action against the harasser, effective corrective action may require remedies for the complainant, as well as changes to the school's overall services or policies. Examples ofthese actions are discussed in greater detail below. Title IX requires a school to take steps to protect the complainant as necessary, including taking interim steps before the final outcome of the investigation. The school should undertake these steps promptly once it has notice of a sexual harassment or violence allegation. The school should notify the complainant of his or her options to avoid contact with the alleged perpetrator and allow students to change academic or living situations as appropriate. For instance, the school may prohibit the alleged perpetrator from having any contact with the complainant pending the results of the school's investigation. When taking steps to separate the complainant and alleged perpetrator, a school should minimize the burden on the 40

The Department's Higher Education Center for Alcohol, Drug Abuse, and Violence Prevention (HEC) helps campuses and communities address problems of alcohol, other drugs, and violence by identifying effective strategies and programs based upon the best prevention science. Information on HEC resources and technical assistance can be found at www.higheredcenter.org.

Page 16- Dear Colleague letter: Sexual Violence complainant, and thus should not, as a matter of course, remove complainants from classes or housing while allowing alleged perpetrators to remain. In addition, schools should ensure that complainants are aware of their Title IX rights and any available resources, such as counseling, health, and mental health services, and their right to file a complaint with local Jaw enforcement. 41 Schools should be aware that complaints of sexual harassment or violence may be followed by retaliation by the alleged perpetrator or his or her associates. For instance, friends ofthe alleged perpetrator may subject the complainant to name-calling and taunting. As part of their Title IX obligations, schools must have policies and procedures in place to protect against retaliatory harassment. At a minimum, schools must ensure that complainants and their parents, if appropriate, know how to report any subsequent problems, and should follow-up with complainants to determine whether any retaliation or new incidents of harassment have occurred. When OCR finds that a school has not taken prompt and effective steps to respond to sexual harassment or violence, OCR will seek appropriate remedies for both the complainant and the broader student population. When conducting Title IX enforcement activities, OCR seeks to obtain voluntary compliance from recipients. When a recipient does not come into compliance voluntarily, OCR may initiate proceedings to withdraw Federal funding by the Department or refer the case to the U.S. Department of Justice for litigation. Schools should proactively consider the following remedies when determining how to respond to sexual harassment or violence. These are the same types of remedies that OCR would seek in its cases. Depending on the specific nature of the problem, remedies for the complainant might include, but are not limited to: 42 • providing an escort to ensure that the complainant can move safely between classes and activities; • ensuring that the complainant and alleged perpetrator do not attend the same classes; • moving the complainant or alleged perpetrator to a different residence hall or, in the case of an elementary or secondary school student, to another school within the district; • providing counseling services; • providing medical services; • providing academic support services, such as tutoring;

The Clery Act requires postsecondary institutions to develop and distribute a statement of policy that informs students of their options to notify proper law enforcement authorities, including campus and local police, and the option to be assisted by campus personnel in notifying such authorities. The policy also must notify students of existing counseling, mental health, or other student services for victims of sexual assault, both on campus and in the community. 20 U.S.C. §§ 1092(f)(8)(B)(v)-(vi). 42 Some of these remedies also can be used as interim measures before the school's investigation is complete.

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•

arranging for the complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the complainant's academic record; and reviewing any disciplinary actions taken against the complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the complainant being disciplined. 43

Remedies for the broader student population might include, but are not limited to: Counseling and Training • offering counseling, health, mental health, or other holistic and comprehensive victim services to all students affected by sexual harassment or sexual violence, and notifying students of campus and community counseling, health, mental health, and other student services; • designating an individual from the school's counseling center to be "on call" to assist victims of sexual harassment or violence whenever needed; • training the Title IX coordinator and any other employees who are involved in processing, investigating, or resolving complaints of sexual harassment or sexual violence, including providing training on: o the school's Title IX responsibilities to address allegations of sexual harassment or violence o how to conduct Title IX investigations o information on the link between alcohol and drug abuse and sexual harassment or violence and best practices to address that link; • training all school law enforcement unit personnel on the school's Title IX responsibilities and handling of sexual harassment or violence complaints; • training all employees who interact with students regularly on recognizing and appropriately addressing allegations of sexual harassment or violence under Title IX; and • informing students of their options to notify proper law enforcement authorities, including school and local police, and the option to be assisted by school employees in notifying those authorities. Development of Materials and Implementation of Policies and Procedures • developing materials on sexual harassment and violence, which should be distributed to students during orientation and upon receipt of complaints, as well as widely posted throughout school buildings and residence halls, and which should include: o what constitutes sexual harassment or violence o what to do if a student has been the victim of sexual harassment or violence o contact information for counseling and victim services on and off school grounds o how to file a complaint with the school o how to contact the school's Title IX coordinator

For example, if the complainant was disciplined for skipping a class in which the harasser was enrolled, the school should review the incident to determine if the complainant skipped the class to avoid contact with the harasser.

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what the school will do to respond to allegations of sexual harassment or violence, including the interim measures that can be taken • requiring the Title IX coordinator to communicate regularly with the school's law enforcement unit investigating cases and to provide information to law enforcement 44 unit personnel regarding Title IX requirements; • requiring the Title IX coordinator to review all evidence in a sexual harassment or sexual violence case brought before the school's disciplinary committee to determine whether the complainant is entitled to a remedy under Title IX that was not available through the disciplinary committee; 45 • requiring the school to create a committee of students and school officials to identify strategies for ensuring that students: o know the school's prohibition against sex discrimination, including sexual harassment and violence o recognize sex discrimination, sexual harassment, and sexual violence when they occur o understand how and to whom to report any incidents o know the connection between alcohol and drug abuse and sexual harassment or violence o feel comfortable that school officials will respond promptly and equitably to reports of sexual harassment or violence; • issuing new policy statements or other steps that clearly communicate that the school does not tolerate sexual harassment and violence and will respond to any incidents and to any student who reports such incidents; and • revising grievance procedures used to handle sexual harassment and violence complaints to ensure that they are prompt and equitable, as required by Title IX. Schoollnvestigotions and Reports to OCR • conducting periodic assessments of student activities to ensure that the practices and behavior of students do not violate the school's policies against sexual harassment and violence; • investigating whether any other students also may have been subjected to sexual harassment or violence; • investigating whether school employees with knowledge of allegations of sexual harassment or violence failed to carry out their duties in responding to those allegations; • conducting, in conjunction with student leaders, a school or campus "climate check" to assess the effectiveness of efforts to ensure that the school is free from sexual harassment and violence, and using the resulting information to inform future proactive steps that will be taken by the school; and

Any personally identifiable information from a student's education record that the Title IX coordinator provides to the school's law enforcement unit is subject to FERPA's nondisclosure requirements. 45 For example, the disciplinary committee may lack the power to implement changes to the complainant's class schedule or living situation so that he or she does not come in contact with the alleged perpetrator.

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submitting to OCR copies of all grievances filed by students alleging sexual harassment or violence, and providing OCR with documentation related to the investigation of each complaint, such as witness interviews, investigator notes, evidence submitted by the parties, investigative reports and summaries, any final disposition letters, disciplinary records, and documentation regarding any appeals.

Conclusion The Department is committed to ensuring that all students feel safe and have the opportunity to benefit fully from their schools' education programs and activities. As part of this commitment, OCR provides technical assistance to assist recipients in achieving voluntary compliance with Title IX. If you need additional information about Title IX, have questions regarding OCR's policies, or seek technical assistance, please contact the OCR enforcement office that serves your state or territory. The list of offices is available at http://wdcrobcolpOl.ed.gov/CFAPPS/OCR/contactus.cfm . Additional information about addressing sexual violence, including victim resources and information for schools, is available from the U.S. Department of Justice's Office on Violence Against Women (OVW) at http:ljwww.ovw.usdoj.gov/. 46 Thank you for your prompt attention to this matter. I look forward to continuing our work together to ensure that all students have an equal opportunity to learn in a safe and respectful school climate. Sincerely,

/sf Russlynn Ali Assistant Secretary for Civil Rights

OVW also administers the Grants to Reduce Domestic Violence, Dating Violence, Sexual Assault, and Stalking on Campus Program. This Federal funding is designed to encourage institutions of higher education to adopt comprehensive, coordinated responses to domestic violence, dating violence, sexual assault, and stalking. Under this competitive grant program, campuses, in partnership with community-based nonprofit victim advocacy organizations and local criminal justice or civil legal agencies, must adopt protocols and policies to treat these crimes as serious offenses and develop victim service programs and campus policies that ensure victim safety, offender accountability, and the prevention of such crimes. OVW recently released the first solicitation for the Services, Training, Education, and Policies to Reduce Domestic Violence, Dating Violence, Sexual Assault and Stalking in Secondary Schools Grant Program. This innovative grant program will support a broad range of activities, including training for school administrators, faculty, and staff; development of policies and procedures for responding to these crimes; holistic and appropriate victim services; development of effective prevention strategies; and collaborations with mentoring organizations to support middle and high school student victims.

U.S. Department of Education

Office for Civil Rights

Dear Colleague Letter: Sexual Violence Background, Summary, and Fast Facts April 4, 2011

•

!w~y

Acts of sexual violence are vastly under-reported. 1 Yet, data show that our nation's young students suffer from acts of sexual violence early and the likelihood that they will be assaulted by the time they graduate is significant. For example: •

Recent data shows nearly 4,000 reported incidents of sexual battery and over 800 reported 2 rapes and attempted rapes occurring in our nation's public high schools. Indeed, by the time girls graduate from high school, more than one in ten will have been physically forced to have 3 sexual intercourse in or out of school.

•

When young women get to college, nearly 20% of them will be victims of attempted or actual 4 sexual assault, as will about 6% of undergraduate men.

Victims of sexual assault are more likely to suffer academically and from depression, post-traumatic 5 stress disorder, to abuse alcohol and drugs, and to contemplate suicide.

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Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. Sec. 1681, et seq., prohibits discrimination on the basis of sex in any federally funded education program or activity. ED is issuing the DCL to explain that the requirements of Title IX cover sexual violence and to remind schools 6 of their responsibilities to take immediate and effective steps to respond to sexual violence in accordance with the requirements of Title IX. In the context ofthe letter, sexual violence means physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent. A number of acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. 1

For example, see HEATHER M. KARJANE, ET AL., SEXUAL ASSAULT ON CAMPUS: WHAT COLLEGES AND UNIVERSITIES ARE DOING ABOUT IT 3 (Nat' I. Institute of Justice, Dec. 2005). 2 SIMONE ROBERS, ET AL., INDICATORS OF SCHOOL CRIME AND SAFETY 104 (U.S. Dep't of Education & U.S. Dep't of Justice, Nov. 2010), available at http://nces.ed.gov/pubs2011/2011002.pdf. 3 EATON, D. K., KANN, L., KINCHEN, S., SHANKLIN, S., ROSS, J., HAWKINS, J., ET AL., YOUTH RISK BEHAVIOR SURVEILLANCE-UNITED STATES 2009, Morbidity and Mortality Weekly Report. 4 CHRISTOPHER P. KREBS ET AL., THE CAMPUS SEXUAL ASSAULT STUDY FINAL REPORT xiii, 5-5 (Nat'l. Criminal Justice Reference Service, Oct. i:-=:"2007), available at http://www.ncjrs.gov/pdffiles1/nii/grants/221153.pdf. ~- s For example, see WORLD HEALTH ORGANIZATION, WORLD REPORT ON VIOLENCE .AND HEALTH 162-164 (Etienne G. Krug, et al. eds., 2002), available at http:/fwhqlibdoc.who.int/publications/2002/9241545615 eng. pdf; CENTERS FOR DISEASE CONTROL, UNDERSTANDING SEXUAL VIOLENCE : FACT SHEET 1 (2011), available at http://www.cdc.gov/violenceprevention/pdf/SV factsheet 2011-a.pdf. 6 "Schools" includes all recipients of federal funding and includes school districts, colleges, and universities.

,What does the DCL do? •

•

• • •

Provides guidance on the unique concerns that arise in sexual violence cases, such as the role of criminal investigations and a school's independent responsibility to investigate and address sexual violence. Provides guidance and examples about key Title IX requirements and how they relate to sexual violence, such as the requirements to publish a policy against sex discrimination, designate a Title IX coordinator, and adopt and publish grievance procedures. Discusses proactive efforts schools can take to prevent sexual violence. Discusses the interplay between Title IX, FERPA, and the Clery Ace as it relates to a complainant's right to know the outcome of his or her complaint, including relevant sanctions facing the perpetrator. Provides examples of remedies and enforcement strategies that schools and the Office for Civil Rights (OCR) may use to respond to sexual violence .

.what are·a school's obligations under Title IX regarding sexual violence? • •

• •

Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate or otherwise determine what occurred . If sexual violence has occurred, a school must take prompt and effective steps to end the sexual violence, prevent its recurrence, and address its effects, whether or not the sexual violence is the subject of a criminal investigation. A school must take steps to protect the complainant as necessary, including interim steps taken prior to the final outcome of the investigation . A school must provide a grievance procedure for students to file complaints of sex discrimination, including complaints of sexual violence. These procedures must include an equal opportunity for both parties to present witnesses and other evidence and the same appeal rights. A school's grievance procedures must use the preponderance of the evidence standard to resolve complaints of sex discrimination. A school must notify both parties of the outcome of the complaint.

OCR offers technical assistance to help schools achieve voluntary compliance with the civil rights laws it enforces and works with schools to develop approaches to preventing and addressing discrimination . A school should contact the OCR enforcement office serving its jurisdiction for technical assistance. For contact information, please visit ED's website at http://wdcrobcolpOl.ed.gov/CFAPPS/OCR/contactus.cfm. A complaint of discrimination can be filed by anyone who believes that a school that receives Federal financial assistance has discriminated against someone on the basis of race, color, national origin, sex, disability, or age. The person or organization filing the complaint need not be a victim of the alleged discrimination, but may complain on behalf of another person or group. For information on how to file a complaint with OCR, visit http://www2.ed.gov/about/offices/list/ ocr/complaintintro.html or contact OCR's Customer Service Team at

1-800-421-3481.

The Family Educational Rights and Privacy Act is at 20 U.S.C. Sec. 1232g, and the Jeanne Clery Disclosure of Campus Security and Campu s Crime Statistics Act is at 20 U.S.C. Sec. 1092(f).

Know Your Rights: Title IX Prohibits Sexual Harassmene and Sexual Violence Where You Go to School Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities (hereinafter "schools") receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. Below is additional information regarding the specific requirements of Title IX as they pertain to sexual harassment and sexual violence.

What are a school's responsibilities to address sexual harassment and sexual violence? •

•

A school has a responsibility to respond promptly and effectively. If a school knows or reasonably should know about sexual harassment or sexual violence that creates a hostile environment, the school must take immediate action to eliminate the sexual harassment or sexual violence, prevent its recurrence, and address its effects. Even if a student or his or her parent does not want to file a complaint or does not request that the school take any action on the student's behalf, if a school knows or reasonably should know about possible sexual harassment or sexual violence, it must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation. A criminal investigation into allegations of sexual harassment or sexual violence does not relieve the school of its duty under Title IX to resolve complaints promptly and equitably.

What procedures must a school have in place to prevent sexual harassment and sexual violence and resolve complaints? •

Every School Must Have And Distribute A Policy Against Sex Discrimination o

•

Every School Must Have A Title IX Coordinator o

Title IX requires that each school publish a policy that it does not discriminate on the basis of sex in its education programs and activities. This notice must be widely distributed and available on an on-going basis. The policy must state that inquiries concerning Title IX may be referred to the school's Title IX coordinator or to OCR.

Every school must designate at least one employee who is responsible for coordinating the school's compliance with Title IX. This person is sometimes referred to as the Title IX coordinator. Schools must notify all students and employees of the name or title and contact information of the Title IX coordinator. The coordinator's responsibilities include overseeing all complaints of sex discrimination and identifying and addressing any patterns or systemic problems that arise during the review of such complaints.

Use of the term "sexual harassment" throughout this document includes sexual violence unless otherwise noted .

•

Every School Must Have And Make Known Procedures For Students To File Complaints Of Sex Discrimination. o

Title IX requires schools to adopt and publish grievance procedures for students to file complaints of sex discrimination, including complaints of sexual harassment or sexual violence. Schools can use general disciplinary procedures to address complaints of sex discrimination. But all procedures must provide for prompt and equitable resolution of sex discrimination complaints.

Every complainant has the right to present his or her case. This includes the right to adequate, reliable, and impartial investigation of complaints, the right to have an equal opportunity to present witnesses and other evidence, and the right to the same appeal processes, for both parties.

Every complainant has the right to be notified of the time frame within which: (a) the school will conduct a full investigation of the complaint; (b) the parties will be notified of the outcome of the complaint; and (c) the parties may file an appeal, if applicable.

Every complainant has the right for the complaint to be decided using a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).

Every complainant has the right to be notified, in writing, of the outcome of the complaint. Even though federal privacy laws limit disclosure of certain information in disciplinary proceedings: • Schools must disclose to the complainant information about the sanction imposed on the perpetrator when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall. • Additionally, the Clery Act (20 U.S.C. §1092(f)), which only applies to postsecondary institutions, requires that both parties be informed of the outcome, including sanction information, of any institutional proceeding alleging a sex offense. Therefore, colleges and universities may not require a complainant to abide by a non-disclosure agreement, in writing or otherwise.

The grievance procedures may include voluntary informal methods (e.g., mediation) for resolving some types of sexual harassment complaints. However, the complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. In cases involving allegations of sexual assault, mediation is not appropriate.

If you want to learn more about your rights, or if you believe that a school district, college, or university is violating Federal law, you may contact the U.S. Department of Education, Office for Civil Rights, at (800) 421-3481 or ocr@ed.gov. If you wish to fill out a complaint form online, you may do so at: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

2 U.S. Department of Education

Office for Civil Rights

Substitute House Bill No. 5031

Public Act No. 12-78 AN ACT CONCERNING CAMPUSES.

SEXUAL

VIOLENCE

ON COLLEGE

Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2012) (a) For purposes of this section: (1) "Awareness programming" means programming designed to communicate the prevalence of sexual assaults and intimate partner violence, including the nature and number of cases of sexual assault and intimate partner violence reported at each institution of higher education in the preceding three calendar years; (2) "Institution of higher education" means an institution of higher education as defined in section lOa-55 of the general statutes; (3) "Intimate partner violence" means any physical or sexual harm against an individual by a current or former spouse of or person in a dating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a of the general statutes, stalking under section 53a-181c, 53a181d or 53a-181e of the general statutes, or domestic violence as designated under section 46b-38h of the general statutes;

Substitute House Bill No. 5031

(4) "Primary prevention programming'' means programming and strategies intended to prevent sexual assault and intimate partner violence before it occurs by means of changing social norms and other approaches; (5) "Sexual assault" means a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a of the general statutes; and (6) "Uniform campus crime report" means a campus crime report prepared by an institution of higher education pursuant to section 10a55a of the general statutes. (b) Each institution of higher education shall adopt and disclose in such institution's annual uniform campus crime report one or more policies regarding sexual assault and intimate partner violence. Such policy or policies shall include provisions for (1) detailing the procedures that students of the institution who report being the victim of sexual assault or intimate partner violence may follow after the commission of such violence, including persons or agencies to contact and information regarding the importance of preserving physical evidence of such assault or violence; (2) providing students of the institution who report being the victim of sexual assault or intimate partner violence both contact information for and, if requested, professional assistance in accessing and utilizing campus, local advocacy, counseling, health and mental health services, and written information concerning the rights of such students to (A) notify law enforcement of such assault or violence and receive assistance from campus authorities in making any such notification, and (B) obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing protective or restraining order, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-lk, 54-82q or 54-82r of the general statutes, against the perpetrator of such assault or violence; (3) notifying such students of the reasonably available options for and available assistance from such Public Act No. 12-78

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Substitute House Bill No. 5031

institution in changing academic, living, campus transportation or working situations in response to such assault or violence; (4) honoring any lawful protective or temporary restraining orders, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a40e, 54-lk, 54-82q or 54-82r of the general statutes; (5) disclosing a summary of such institution's disciplinary procedures, including clear statements advising such students that (A) victims of such assault or violence shall have the opportunity to request that disciplinary proceedings begin promptly, (B) disciplinary proceedings shall be conducted by an official trained in issues relating to sexual assault and intimate partner violence and shall use the preponderance of the evidence standard in making a determination concerning the alleged assault or violence, (C) both the victim of such assault or violence and the accused (i) are entitled to be accompanied to any meeting or proceeding relating to the allegation of such assault or violence by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled, and (ii) shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding, (D) both such victim and accused are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding, and (E) the institution of higher education shall not disclose the identity of the victim or the accused, except as necessary to carry out a disciplinary proceeding or as permitted under state or federal law; and (6) disclosing the range of sanctions that may be imposed following the implementation of such institution's disciplinary procedures in response to such assault or violence. (c) Each institution of higher education shall, within existing budgetary resources, offer (1) sexual assault and intimate partner violence primary prevention and awareness programming for all students that includes an explanation of the definition of consent in Public Act No. 12-78

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Substitute House Bill No. 5031

sexual relationships and information concerning the reporting of incidences of such assaults and violence, bystander intervention and risk reduction; and (2) ongoing sexual assault and intimate partner violence prevention and awareness campaigns.

Public Act No. 12-78

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3/13/2014

Board of Regents for Higher Education Connecticut State Colleges and Universities

Sexual Misconduct, Sexual Assault and Intimate Partner Violence Policy

Table of Contents Statement of Policy ...................... ... ... ... ......... ......... ... ...... .. ............ ............... .. ...................................... ...... 1 Mandated Reporting ...... ..... .. .... .......... ..... ..... ......... ..... ... .. .............. ...... ........ ..... ................ ............ ............... 1 Confidentiality ......................... .. .... .................. ... .. ........... ........ .. ........ ............ .... .......... ............ ... ................ 2 Rights of Those Who Report .......... .............. ........ .... .. ... .. ....... .... ...... ........ ............. .... ...... ................... ........ 2 Options for Changing Academic, Transportation and Working Arrangements .... ............ ............ .......... ... 3 Support Services Contact Information ........................... ... ... ....... ........ ........................ ........ ........................ 3 Right to NotifY Law Enforcement & Seek Protective and Other Orders ................................................... 3 Student Conduct Procedures ............................................................... ........................................................ 4 Dissemination of this policy ............... ..... ... .................... ... ...... ............. ... .... .. ......... ... ........... ............. ......... 4 Terms and Usage ................................................................................ .. ............ .... ....................................... 4

BOR/CSCU SEXUAL MISCONDUCT, SEXUAL ASSAULT AND INTIMATE PARTNER VIOLENCE POLICY (311312014)

Statement of Policy The Board of Regents for Higher Education (BOR) in conjunction with the Connecticut State Colleges and Universities (CSCU) is committed to insuring that each member of every BOR governed college or university community has the opportunity to participate fully in the process of education and development. The BOR and CSCU strive to maintain a safe and welcoming environment free from acts of sexual misconduct and relationship violence. It is the intent of the BOR and each of its colleges or universities to provide safety, privacy and support to victims of sexual misconduct and relationship violence. The BOR strongly encourages the reporting of sexual misconduct, including sexual harassment, sexual assault and intimate partner violence, as an effective means of taking action by reporting such acts to the appropriate officials and pursuing criminal or disciplinary remedies, or both. The only way that action can be taken against anyone who violates another in such a manner is through reporting. Each and every BOR governed college or university shall provide those who report sexual misconduct with many supportive options, including referral to agencies that provide medical attention, counseling, legal services, advocacy, referrals and general information regarding sexual assault. Each and every BOR governed college or university will preserve the confidentiality of those who report sexual misconduct to the fullest extent possible and allowed by law. All BOR and CSCU employees, victim advocates or community victim advocates being consulted will make any limits of confidentiality clear before any disclosure of facts takes place. Sexual intimacy is permissible only if it is agreed to by all participants and all activity is affirmatively consensual at all times. Sexual misconduct, including sexual harassment, sexual assault, sexual exploitation and intimate partner violence, against anyone is unacceptable and is both a crime under State law and a violation of BOR policies. The BOR and each of its governed colleges and universities are committed to providing an environment free of personal offenses. Consensual sexual relationships between staff, faculty and students are discouraged pursuant to BOR policy.

Mandated Reporting The BOR requires that a report be made to the Connecticut Department of Children and Families whenever a person under eighteen (18) years of age may have been sexually assaulted. Further, pursuant to BOR Policy on Suspected Abuse or Neglect of a Child, any BOR or CSCU employee who has a reasonable cause to suspect or believe that a person under the age of 18 years has been abused or neglected, has been placed in imminent harm or has had a non-accidental injury is required by Board policy to report the incident as soon as practicable to their immediate supervisor as well. Employees are required to report possible sexual assault of persons 18 years old or older and those CSCU employees who qualify as Campus Security Authorities under the Jeanne Clery Act have a duty to report possible sexual assault regardless of the age ofthe reported victim.

BOR/CSCU SEXUAL MISCONDUCT, SEXUAL ASSAULT AND INTIMATE PARTNER VIOLENCE POLICY (3113/2014)

Confidentiality When a BOR governed college or university receives a report of sexual assault all reasonable steps will be taken by the appropriate CSCU officials to preserve the privacy of the reported victim while promptly investigating and responding to the report. While the institution will strive to maintain the confidentially of the information reported, which information is subject to privacy requirements of the Family Education Rights Privacy Act (FERPA), the institution also must fulfill its duty to protect the campus community. Confidential resources, such as off campus counseling and psychological services, health services providers, member(s) of the clergy, and the local Sexual Assault Crisis Center are bound by state statutes and professional ethics from disclosing information about reports without written releases. Information provided to a confidential resource by a victim of a sexual assault or the person reported to have been assaulted cannot be disclosed legally to any other person without consent, except under very limited circumstances, such as an imminent threat of danger to self or others or if the reported victim is a minor. Therefore, for those who wish to obtain the fullest legal protections and disclose in full confidentiality, she/he must speak with a confidential resource. Each BOR governed college or university will provide a list of such confidential resources in the College or University's geographic region to victims of assault as well as publish these resources on-line and in various publications. Where it is deemed necessary for the institution to take steps to protect the safety of the reported victim and/or other members of the campus community, the institution will seek to act in a manner so as not to compromise the privacy or confidentiality of the reported victim of a sexual assault to the extent reasonably possible.

Rights of Those Who Report Those who report any type of sexual misconduct, including sexual harassment, sexual assault or intimate partner violence, to any BOR governed college or university employee will be informed in a timely manner of all their rights and options, including the necessary steps and potential outcomes of each option. When choosing a reporting resource the following information should be considered: • •

• •

All reports of sexual misconduct, including sexual harassment, sexual assault and intimate partner violence, will be treated seriously and with dignity by the institution. Referrals to off-campus counseling and medical services that are available immediately and confidential, whether or not those who report an assault feel ready to make any decisions about reporting the assault to police, the Dean of Students or the Campus's Title IX Coordinator. Those who have been assaulted have the right to take both legal action (criminal/civil action) and action against the individual allegedly responsible. Those who seek confidentiality may contact a clergy member(s) and/or the Sexual Assault Crisis &I-OitUIRC&~ UJWHI:E: KFPCD.JIEFKliB~ 1-WRlDWAlWJ maintain confidentiality without written releases.

BOR/CSCU SEXUAL MISCONDUCT, SEXUAL ASSAULT AND INTIMATE PARTNER VIOLENCE POLICY (3113/2014)

Options for Changing Academic, Transportation and Working Arrangements The colleges or universities will provide assistance to those involved in a report of sexual harassment, sexual assault or intimate partner violence, including but not limited to, reasonably available options for changing academic, campus transportation, housing or working situations as well as honoring lawful protective or temporary restraining onlers. Each and every BOR governed college or university shall create and provide information specific to its campus detailing the procedures to follow after the commission of such violence, including people or agencies to contact for reporting purposes or to request assistance, and information on the importance of preserving physical evidence.

Support Services Contact Information It is BOR policy that whenever a college or university Title IX Coordinator or other employee receives a report that a student, faculty or staff member has been subjected to sexual misconduct, including sexual harassment, sexual assault or intimate partner violence, the Title IX Coordinator or other employee shall immediately provide the student, faculty or staff member with contact information for and, if requested, professional assistance in accessing and using campus, local advocacy, counseling, health, and mental health services. All CSCU campuses shall develop and distribute contact information for this purpose as well as provide such information on~line.

Right to Notify Law Enforcement & Seek Protective and Other Orders Those who report being subjected to sexual misconduct, including harassment, sexual assault or intimate partner violence, shall be provided written information about her/his right to: (1)

notify law enforcement and receive assistance from campus authorities in making the notification; and,

(2)

obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing order. Such orders include: );;;> );;;> );;;> );;;> );;;>

standing criminal protective orders; protective orders issued in cases of stalking, harassment, sexual assault, or risk of injury to or impairing the morals of a child; temporary restraining orders or protective orders prohibiting the harassment of a witness; relief from physical abuse by a family or household member or person in a dating relationship; and family violence protective orders.

BOR/CSCU SEXUAL MISCONDUCT, SEXUAL ASSAULT AND INTIMATE PARTNER VIOLENCE POLICY (3/1312014)

Student Conduct Procedures The Student Code of Conduct provides the procedures for the investigation, definitions of terms, and resolution of complaints regarding student conduct, including those involving sexual harassment, sexual assault and intimate partner violence. The Title IX Coordinator can assist in explaining the student conduct process. The Student Code of Conduct provides an equal, fair, and timely process (informal administrative resolution or a formal adjudication) for complainants and accused students. Reported victims of such assault or violence shall have the opportunity to request that disciplinary proceedings begin promptly and such disciplinary proceedings shall be conducted by an official trained in issues relating to sexual assault and intimate partner violence and shall use the preponderance of the evidence standard in making a determination concerning the alleged assault or violence. Both the reported victim of such assault or violence and the accused are entitled to be accompanied to any meeting or proceeding relating to the allegation of such assault or violence by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled, and each shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding. Both the reported victim and accused are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding. Sanctions may range from a warning to expulsion, depending upon the behavior and its severity. To the extent permitted under state or federal law or as necessary for the disciplinary proceeding, the college or university shall not disclose the identity of the reporter or the accused.

Dissemination of this policy Upon adoption by the Board all CSCU institutions shall, upon receipt, immediately post and maintain this policy at all times in an easily accessible manner on each institution's website. This Policy shall thereafter be annually provided to all Title IX Coordinators, campus law enforcement officers and security personnel, and other campus personnel. Further, this policy shall be presented at student orientation and at student awareness and prevention trainings, and made broadly available at each campus. The Policy shall be expanded upon by each institution to provide resources and contact information specific to their institution and geographic area as set forth above.

Terms and Usage Sexual misconduct may include engaging in one of more behaviors: (a) Sexual harassment, which can include any unwelcome sexual advance or request for sexual favors, or any conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education; submission to or rejection of such conduct by an individual is used as a basis for academic decisions affecting the individual; or such conduct has the purpose or effect of substantially interfering with an individual's academic performance or creating an intimidating, hostile or offensive educational environment. Examples of conduct which may constitute sexual harassment include but are not limited to:

BOR/CSCU SEXUAL MISCONDUCT, SEXUAL ASSAULT AND INTIMATE PARTNER VIOLENCE POLICY (311312014)

• • • • • • • •

sexual flirtation, touching, advances or propositions verbal abuse of a sexual nature pressure to engage in sexual activity graphic or suggestive comments about an individual's dress or appearance use of sexually degrading words to describe an _individual display of sexually suggestive objects, pictures or photographs sexual jokes stereotypic comments based upon gender • threats, demands or suggestions that retention of one's educational status is contingent upon toleration of or acquiescence in sexual advances. (b)

Sexual assault may include a sexual act directed against another person when that person is not capable of giving consent, which shall mean the voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make a deliberate choice to do something proposed by another. Sexual assault is further defined sections 53a-70, 53 a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a of the general statutes.

(c) Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for anyone's advantage or benefit other than the person being exploited, and that behavior does not otherwise constitute one of the preceding sexual misconduct offenses. Examples of behavior that could rise to the level of sexual exploitation include: • Prostituting another person; • Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity; • Non-consensual distribution of photos, other images, or information of an individual's sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information; • Going beyond the bounds of consent (such as letting your friends hide in the closet to watch you having consensual sex); • Engaging in non-consensual voyeurism; • Knowingly transmitting an STI, such as HIV to another without disclosing your STI status; • Exposing one's genitals in non-consensual circumstances, or inducing another to expose his or her genitals; or • Possessing, distributing, viewing or forcing others to view illegal pornography.

Consent is the equal approval, given freely, willingly, and knowingly of each participant to desired sexual involvement. Consent is an affirmative, conscious decision - indicated clearly by words or actions - to engage in mutually accepted sexual contact. Consent cannot be assumed because there is no physical resistance or other negative response. A person who initially consents to sexual activity shall be deemed not to have consented to any such activity which occurs after that consent is withdrawn. A lack of consent may result from mental incapacity (e.g., ingestion of alcohol or drugs which significantly impair awareness or judgment) or physical incapacity (e.g., the person is unconscious or otherwise unable to communicate consent).

BOR/CSCU SEXUAL MISCONDUCT, SEXUAL ASSAULT AND INTIMATE PAR1NER VIOLENCE POLICY (311312014)

Intimate partner violence any physical or sexual harm against an individual by a current or fonner spouse of or person in a dating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a ofthe general statutes, stalking under section 53a-181c, 53a-18ld or 53a-18le of the general statutes, or domestic violence as designated under section 46b-38h of the general statutes. "The offenses that are designated as "domestic violence" are against family or household members or persons in dating relationships and include assaults, sexual assaults, stalking, and violations of protective or restraining orders issued by a Court. Stalking is one person's repetitive and willful following or lying in wait behavior towards another person that causes that other person to reasonably fear for his or her physical safety. Relationship violence may also include physical abuse, threat of abuse, and emotional abuse.

3/13/2014 s:\hoard ofregents\bor meetings\2014\march 13\asa\br sexual misconduct attachment.docx

BR# 20131121-002

CT BOARD OF REGENTS FOR HIGHER EDUCATION RESOLUTION

regarding Consensual Relationships Policy November 21, 2013

WHEREAS, All employees with managerial, supervisory, or evaluative responsibilities for students or other employees carry a special responsibility to adhere to the highest ethical and professional standards and to avoid any actions that may appear to undermine this atmosphere of trust and respect and thereby hinder the institution's educational mission; and WHEREAS, Because of the inherent imbalance of power and need for trust, all employees with evaluative or supervisory authority over students and employees should be aware that dating or sexual relationships that might be appropriate in other circumstances have inherent dangers when they occur between employees, or between an employee and a student; and WHEREAS,

Consensual relationships can create real conflicts of interest and appearances of impropriety that can impair the integrity of academic and employment decisions and pose special risks between individuals in inherently unequal positions of power, such as students and teachers or supervisors and employees; and

WHEREAS, Although these relationships may begin and remain consensual, they may easily be later characterized as non-consensual given the inherent power differential between the parties, and such relationships could potentially lead to sexual harassment charges; therefore be it RESOLVED, That the Board ofRegents rescinds the following policy, "Connecticut State University System Policy Regarding Consensual Relationships" adopted pursuant to BR#05-13; and be it RESOLVED, That the Board of Regents adopts the attached policy regarding "Policy regarding Consensual Relationships" applicable to all Connecticut State Colleges and Universities effective immediately, and that a copy thereof shall be disseminated annually to all employees.

Erin A. Fit erald, Secretary ofthe CT Board of Regents for Higher Education

Board of Regents for Higher Education Connecticut State Colleges and Universities

Policy on Consensual Relationships The Board of Regents for Higher Education (BOR) ofthe Connecticut State Colleges and Universities' respects that the educational mission of its institutions is founded on an atmosphere of mutual trust and respect between all members of the academic community. Faculty members, as well as those individuals upon whom the institution confers managerial, supervisory, or evaluative responsibilities, (including graduate assistants or undergraduate teaching assistants) carry a special responsibility to adhere to the highest ethical and professional standards and to avoid any actions that may appear to undermine this atmosphere of trust and respect and thereby hinder the institution's educational mission. Because of the inherent imbalance of power and need for trust, faculty members, supervisory staff, and those with evaluative authority should be aware that dating or sexual relationships that might be appropriate in other circumstances have inherent dangers when they occur between a staff member and a student as well as when they occur between a supervisor and employee. Such relationships can create real conflicts, are susceptible to an appearance of exploitation, and can impair the trust and integrity of the teaching, coaching, or other supervisory or evaluative relationship and may cause a perception of favoritism or bias on the part of the staff. In addition, although these relationships may begin and remain consensual, they may easily be later characterized as non-consensual and could potentially lead to sexual harassment charges.

Policy Prohibited Between employee and student: Consensual romantic, dating, or sexual relationships between any employee and any student over whom that employee exercises direct or otherwise significant academic, supervisory, or evaluative authority or influence are prohibited at all State Universities and Colleges. The evaluative relationship can take a variety of forms, such as teacher to student, advisor to advisee, coach to athlete, superv!sor to student employee, or similar relationship. Strongly Discouraged Between employee and student: Romantic, dating or sexual relationships between employees and students over whom said employee does not have supervisory or evaluative authority are strongly discouraged. Such relationships are not only susceptible to future conflicts of interest, but also may present the appearance of impropriety. If this situation exists, no employee should agree to supervise or evaluate a student with whom he or she has, or formerly had, a consensual relationship. A faculty member should inform the Dean if such a student wishes to enroll in a credit bearing course that he or she is teaching so that alternate arrangements can be made. Nor should a faculty member direct the student's independent study, internship, or thesis; participate in decisions regarding grades; or write letters of recommendation or reference.

Between employee and employee: BOR discourages employees with supervisory or evaluative authority from engaging in romantic, dating or sexual relationships with employees who they supervise or evaluate. If such a relationship exists or develops, the supervisory employee must notify his/her manager so that arrangements can be made for the unbiased supervision and evaluation of the employee. These situations are handled on a case-by-case basis and may require transfer or reassignment of one or more employees. In the event of a Sexual Harassment Charge Anyone who enters into a romantic, dating or sexual relationship where a professional power differential exists must realize that if a charge of sexual harassment is subsequently filed, it may be difficult to defend the charge by claiming that there was mutual consent. Employees could be held personally liable in a criminal or civil lawsuit. Sanctions All violations of this policy should be reported to Human Resources for investigation and appropriate administrative action, up to and including disciplinary action.

11/21113

STAFF REPORT

ADMINISTRATION COMMITTEE

ITEM The Board of Regents for Higher Education establishes and adopts a policy regarding "Consensual Relationships Policy" that shall be applicable to each of the Connecticut State Colleges and Universities. BACKGROUND Although the Connecticut State Universities have had a policy regarding consensual relationships since 2005, the Community Colleges had not adopted such a policy. In unifying the Connecticut State Colleges and Universities, the Board of Regents has directed that the preexisting policies of the successor boards be harmonized and unified. Applying the proposed policy to all of the institutions under the jurisdiction of the BOR achieves that purpose while promoting an important concern of the BOR. ANALYSIS Under the Consensual Relationship Policy relationships between employees and students when the employee exercises direct or significant academic, supervisory or evaluative authority or influence over a student are prohibited. All other consensual relationships, such as relationships between students and employees even when there is no supervisory or evaluative relationship, are strongly discouraged. Likewise, employees are strongly discouraged from engaging in consensual relationships with other employees. If employees and students choose to engage in a consensual relationship, the policy provides for actions steps that must be taken to diminish appearance of impropriety and conflict as well as provides sanctions for violation of the policy. The policy also provides notice to employees that if a sexual harassment claim is filed against an employee due to their workplace relationship, that employee could be held personally liable in a criminal or civil lawsuit. RECOMMENDATION That the Board of Regents for Higher Education to adopt and implement the policy regarding "Consensual Relationships." 11/15/13- Administration Committee 11/21113- Board of Regents

U.S. Department of Justice

U.S. Department of Education

Civil Rights Division

Office for Civil Rights

May 9, 2013

BY ELECTRONIC AND FIRST CLASS MAIL President Royce Engstrom Office ofthe President The University of Montana Missoula, Montana 59812-3324 Lucy France, Esq. University Counsel The University of Montana Missoula, Montana 59812-3324 Re: DOJ Case No. DJ 169-44-9, OCR Case No. 10126001 Dear President Engstrom and Ms. France: The United States Department of Justice, Civil Rights Division, Educational Opportunities Section ("DOJ") and the United States Department of Education, through its Office for Civil Rights ("OCR"), are pleased to confirm the resolution of their investigation and compliance review of the University of Montana's (the "University") handling of allegations of sexual assault and harassment at its Missoula campus. 1 DOJ and OCR (collectively, the "United States") conducted the review under Title IX of the Education Amendments of 1972 ("Title IX"), as amended, 20 U.S.C. §§ 1681-1688, and its implementing regulations, 28 C.F.R. pt. 54 and 34 C.F.R. pt. 106. DOJ also conducted its investigation under Title IV ofthe Civil Rights Act of 1964 ("Title IV"), 42 U.S.C. § 2000c-6. The Resolution Agreement (the "Agreement") reflects the collaborative efforts of the University and the United States to identifY reforms that will assist the University's ongoing efforts to prevent sexual assault and harassment and improve its responses to reports of such misconduct in compliance with Title IX and Title IV. The Agreement will serve as a blueprint for colleges and universities throughout the country to protect students from sexual harassment and assault. The United States appreciates the University's full cooperation from the outset, its proactive efforts to date, and its commitment to address the findings of our investigation and ensure a safe campus in Missoula.

Although "sexual assault" is a form of"sexual harassment," where this letter refers to "sexual assault" and "sexual harassment" separately, it is differentiating sexual contact, including intercourse without consent ("sexual assault"), from unwanted conduct of a sexual nature that does not rise to the level of sexual assault.

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We also appreciate the University's cooperation throughout the related investigation by DOJ's Special Litigation Section ("SPL") of the University's Office of Public Safety ("OPS") among other law enforcement entities. DOJ and the University have also successfully resolved that investigation through a separate settlement agreement, and its investigation's findings, which are based on independent assessments of compliance with the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. ยง 14141 ("42 U.S.C. ยง 14141 "),and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. ยง 3789d ("Safe Streets Act"), are set out in a separate report. However, because OPS is covered by and must comply with the University's Title IX obligations, OPS is referenced in this letter and required to participate in certain remedies required by the enclosed Agreement, such as training for first responders. 2 We look forward to continuing our collaboration with the University as it implements both agreements to resolve the United States' findings. The implementation of the agreements will build on the University's efforts to date. The Title IX and Title IV agreement is available at http://www. justice.gov/crt/about/edu/documents/classl ist.php#sex. The SPL agreement regarding OPS is available at http://www.justice.gov/crt/about/spl/ findsettle.php#poli.ce. The background, investigative approach, applicable legal standards, the United States' findings, and the remedies in the Agreement that address those findings are explained below. Background

The University of Montana is the largest public university in Montana with a total2012-2013 enrollment of 14,964 students on the Missoula campus. During fall 2011, the University received reports that two female students had been sexually assaulted on campus by male students. There were allegations that some ofthe male students involved were football players. In an effort to fulfill its Title IX obligations, the University hired former Montana Supreme Court Justice Diane Barz to conduct an independent investigation of these reports. During Justice Barz's investigation, the University received seven additional reports of student-on-student sexual assault that had occurred between September 2010 and December 2011. In a final report submitted to the University on January 31, 2012, Justice Barz concluded that the University "has a problem with sexual assault on and off campus and needs to take steps to address it to insure the safety of all students as well as faculty, staff and guests." 3 Her recommendations included: redesigning the University website to make information and resources about sexual assault more accessible; training all University personnel, student leaders, residence hall assistants, student athletes, and freshman; revising policies and procedures to ensure compliance with Title IX and encourage students to report sexual assault; and participating more actively in local multidisciplinary boards and councils designed to coordinate a community response to sexual assault. 4

OPS acts as a first responder to reports of on-campus sexual assault because it provides policing services to the University community and has primary jurisdiction on the University campus. To the extent that SPL made findings regarding OPS under 42 U.S.C. ยง 14141 and the Safe Streets Act that also implicate Title IX in ways not addressed by ,the remedies in this Agreement, those findings are addressed by remedies in the SPL Agreement. 3 Justice Diane G. Barz, Investigation Report 4 (2012). 4 Jd at 4-5.

(_)

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The University has taken several positive steps to address sexual assault and harassment since December 2011. In January 2012, the University began holding community forums on and off campus to discuss sexual assault. On March 1, 2012, the University hosted Men Can Stop Rape (a national organization focused on mobilizing men to stop rape) to talk about the role of men in creating a climate free of sexual violence. On March 路22, 2012, the University President issued a report summarizing Justice Barz's conclusions, describing policy and procedural reforms initiated by the University to address sexual assault, and identifying other constructive steps that the University planned to take. For example, one of the University's subsequent reforms requires all University employees, except for those who are statutorily barred from reporting, to report to the University official designated to oversee compliance with Title IX all incidents of sexual assault of which they are aware. The University also developed a 20-minute mandatory online training for students, Personal Empowerment Through Self Awareness ("PETSA"), which started in August 2012. This training aims to define sexual assault, explain what constitutes consent, and provide information on resources for targets of sexual assault and how bystanders can help prevent it. Concurrent with the University's investigation and initial reforms, DOJ conducted a preliminary investigation into the University's and local law enforcement agencies' response to sexual assault. On May 1, 2012, DOJ launched a formal investigation ofthe University's handling of sexual assault and harassment involving students under Title IV and a compliance review under Title IX. 5 On May 4, 2012, the Assistant Secretary of the Department of Education's Office for Civil Rights mailed notification to the University indicating that OCR was opening a Title IX compliance review to assess whether the University's policies and procedures and the University's implementation of such policies and procedures ensure the elimination of sexual harassment and sexual violence, appropriately respond to such harassment and violence, prevent future harassment, and eliminate the hostile environment and its effects that result from such harassment. The United States combined the Title IV investigation and Title IX compliance reviews ofthe University.

Investigative Approach The United State's investigation and compliance review included a comprehensive examination ofthe University's policies, grievance procedures, responses to reports of sex discrimination and retaliation, coordination of Title IX enforcement, training of those responsible for coordinating Title IX enforcement, and notice of nondiscrimination. Specifically, in conducting this review, the United States reviewed thousands of pages of documents and conducted site visits to the University and the Missoula community. The United States requested and reviewed voluminous information, including, inter alia, the University's sexual harassment, sexual assault, and sex discrimination policies; the Student Conduct Code ("SCC") and the Discrimination Grievance Procedure ("DGP"); and information regarding training on Title IX, sexual harassment, and sexual assault that was provided to members ofthe campus community. The United States also reviewed copies of all complaints filed with the University alleging sexual harassment or sexual 5

The Special Litigation Section ofDOJ also initiated an investigation of the response to sexual assault by the University's OPS, the Missoula Police Department, and the Missoula County Attorney's Office under 42 U.S.C. 搂 14141 and the Safe Streets Act.

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assault for the 2009-2010, 2010-2011, and 2011-2012 school years. The complaints included, but were not limited to, incidents alleging student-on-student sexual assault, student-on-student sexual harassment, and professor-on-student sexual harassment. In addition, the United States analyzed how the University responded to each of these complaints and how its policies, training, and grievance procedures affected the filing and processing of these complaints. The United States also conducted over 40 interviews with current and former students and/or their parents, current and former faculty and staff, community members, and University officials. From the start of our compliance review and investigation, the University President pledged his cooperation and that of his staff. Once the United States began communicating to the University areas where compliance required improvement, the University committed to implementing remedies to address these areas and continued its collaboration through the negotiation process. The Agreement reached today expands on the reforms initiated by the University President and is carefully designed to keep students safe and resolve the United States' findings set forth below. Legal Standards

The United States conducted this investigation and review of the University under its Title IX and Title IV authority. Title IX and its implementing regulations, 28 C.P.R. Part 54 and 34 C.F .R. Part 106, prohibit discrimination on the basis of sex in education programs and activities operated by recipients of federal financial assistance. DOJ also enforces Title IV, which prohibits discrimination against students in public schools and colleges and universities based on sex, race, color, religion, and national origin. The University is a public school that receives federal financial assistance 6 and therefore is subject to the requirements of both Title IX and Title IV. In the context ofDOJ-initiated court actions for injunctive relief and OCR-initiated administrative enforcement actions, DOJ and OCR interpret Title IX and Title IV as applying the same standard to allegations of sex-based harassment. Thus, in the context of this investigation and compliance review ofthe University, the United States applied the same legal standards under Title IX and Title IV to conduct its legal analysis and reach its findings. Sexual harassment is a form of sex discrimination prohibited by Title IX and Title IV. Sexual harassment is unwelcome conduct of a sexual nature 7 and can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence. A university violates Title IX and Title IV if: (1) a student is sexually harassed and the harassing conduct is sufficiently serious to deny or limit the student's ability to participate in or benefit from the program (i.e., the harassment creates a hostile environment); (2) the university knew or reasonably should have known about the harassment; and (3) the university fails to take immediate effective action to eliminate the hostile environment, prevent its recurrence, and address its effects. Under Title IX and its regulations, as well as under Title IV, once a university has actual or constructive notice of 6

The University receives federal financial assistance from both DOJ and the U.S. Department ofEducation. Therefore, both agencies are authorized to conduct Title IX compliance reviews of the University. 7 The applicable legal standards described herein are more fully discussed in OCR's 20II Dear Colleague Letter on Sexual Violence, which is available at: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20 II 04.html (Apr. 4, 20II). See also OCR's 20IO Dear Colleague Letter on Harassment and Bullying, which is available at: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-20I 0 lO.html (Oct. 26, 20 I 0); OCR's Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties at: http://www.ed.gov/about/offices/list/ocr/docs/shguide.html (Jan. 19, 2001 ).

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possible sexual harassment of students, it is responsible for determining what occurred and responding appropriately. When a university fails to take adequate steps to address harassment, it is held liable under Title IX and Title IV for its own conduct. To determine whether a hostile environment based on sex exists, the United States considers whether there was harassing conduct that was sufficiently serious-that is, sufficiently severe or pervasive-to deny or limit a student's ability to participate in or benefit from the school's program based on sex. Under Title IX's administrative enforcement standard and Title IV's injunctive relief standard, "severe or pervasive" sexual harassment can establish a hostile 8 environment that a university must remedy and prevent from recurring. In determining whether this denial or limitation has occurred, the United States examines all the relevant circumstances from an objective and subjective perspective, including: the type of harassment (e.g., whether it was verbal or physical); the frequency and severity of the conduct; the age, sex, and relationship ofthe individuals involved (e.g., teacher-student or studentstudent); the setting and context in which the harassment occurred; whether other incidents have occurred at the college or university; and other relevant factors. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly ifthe harassment is physical. Indeed, a single instance of rape is sufficiently severe to create a hostile environment. The United States evaluates the appropriateness of the responsive action by assessing whether it was prompt and effective. What constitutes an appropriate response to harassment will differ depending upon the circumstances. In all cases, however, the college or university must conduct a prompt, thorough, and impartial inquiry designed to reliably determine what occurred. If harassment that creates a hostile environment is found, the university must take prompt and effective action to stop the harassment, eliminate the hostile environment, and address its effects. The university must also take steps to prevent the harassment from recurring, including disciplining the harasser where appropriate. A series of escalating consequences may be necessary if the initial steps are ineffective in stopping the harassment. In addition, if there is an incident involving potential criminal conduct, the university must determine, consistent with state and local law, whether appropriate law enforcement or other authorities should be notified. But a university's Title IX investigation is different from any law enforcement investigation, and a law enforcement investigation does not relieve the university of its independent Title IX obligation to investigate the conduct. A university therefore should not wait for the conclusion of a criminal investigation or criminal proceeding to begin its own Title IX investigation and, if needed, must take immediate steps to protect the complainant in the 8 While the Supreme Court in Davis v. Monroe Cnty. Bd ofEduc., 526 U.S. 629 (1999), requires deliberate indifference by the recipient to "severe and pervasive" harassment of which a recipient had actual knowledge to establish liability for damages under Title IX, shortly after those decisions were issued, OCR clarified in its 2001 Guidance that a recipient's failure to respond promptly and effectively to severe, persistent, or pervasive harassment of which it knew or should have known could violate Title IX for purposes of administrative enforcement. See Davis, 526 U.S. at, 633, 650; Revised Sexual Harassment Guidance i-vi (2001); see also U.S. Compl.-inIntervention in Doe v. Anoka-Hennepin Sch. Dist. No. II, No. 11-cv-01999, at 2, 5, 18, 21,22 (Mar. 5, 2012) (alleging severe, pervasive, or persistent harassment in complaint asserting Title IX and Title IV claims).

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educational setting. These duties are a university's responsibility, regardless of whether a student has complained, asked the university to take action, or identified the harassment as a form of discrimination. Title IX also requires universities to adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by Title IX, including sexual harassment and sexual assault. 34 C.F.R. § 106.8(b). Title IX does not require a university to provide separate grievance procedures for sexual harassment complaints; however, a university's grievance procedures for handling discrimination complaints must comply with the prompt and equitable requirements of Title IX. To ensure individuals can invoke these grievance procedures without fear of reprisal, Title IX also prohibits the university and others, including students, from retaliating against any individual "for the purpose of interfering with any right or privilege secured by [Title IX]," or because that individual "has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing" under Title IX. 9 Prohibited retaliatory acts include intimidation, threats, coercion, or discrimination against any such individual. Universities therefore should take steps to prevent any retaliation against a student who makes a complaint or any student who provides information regarding the complaint. At a minimum, under Title IX and Title IV, the university must ensure that complainants and their parents, if appropriate, know how to report any subsequent problems, and should follow up with complainants to determine whether any retaliation or new incidents of harassment have occurred. In addition, a university must take immediate steps to protect the complainant from further harassment prior to the completion of the Title IX and Title IV investigation/resolution. Appropriate steps may include separating the accused harasser and the complainant, providing counseling for the complainant and/or harasser, and/or taking disciplinary action against the harasser. These steps should minimize the burden on the complainant and should not be delayed until the outcome of a criminal proceeding. Other actions may also be necessary to address the educational environment, including special training, the dissemination of information about how to report sexual harassment, new policies, and other steps designed to clearly communicate the message that the college or university does not tolerate, and will be responsive to any reports of, sexual harassment. Further, the Title IX regulation, 34 C.F.R. § 106.8(a), requires that a university designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX. All students and employees must be notified ofthe name (or title), office address, email address, and telephone number of the designated Title IX Coordinator(s). The Title IX Coordinator(s) must have adequate training on what constitutes sexual harassment, including sexual violence, and understand how the grievance procedures operate. Lastly, the Title IX regulation, 34 C.F.R. § 106.9, requires a university to notify all parties that, pursuant to Title IX, it does not discriminate on the basis of sex in the education programs or activities that it operates. The notice must state: that the requirement not to discriminate in the

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28 C.F.R. § 42.107(e); see 28 C.F.R. § 54.605 (adopting procedures of Title VI ofthe 1964 Civil Rights Act at 28 C.P.R.§§ 42.106-42.111 and applying them to the Title IX regulations); 34 C.F.R. §§ 106.8(b), 106.71, incorporating by reference 34 C.F.R. § 100.7(e).

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recipient's education programs and activities extends to employees and students; that inquiries concerning the application of Title IX may be referred to the Title IX Coordinator or employee designated pursuant to 34 C.F.R. Â§ 106.8(a); and the name, office address, email address, and telephone number of the designated coordinator. Findings

In conducting its Title IX compliance review and Title IV investigation, the United States examined the University's multiple policies prohibiting sex discrimination, sexual harassment, and/or sexual assault (described in more detail below) and whether they provide adequate and clear notice to students and employees of conduct prohibited by the law. We also carefully reviewed: the adequacy of the University's Title IX grievance procedures; whether students have adequate notice of these procedures and how to file complaints; and how the University has used these procedures to respond to sexual assault and sexual harassment complaints since the 2009-2010 school year. Despite the University's positive reforms to some policies, the United States found that the University's sexual harassment and assault policies require revision to provide clearer notice of the conduct prohibited by the University, and that the University's grievance procedures must be improved in several respects because they have not ensured prompt and equitable resolutions of sexual harassment and assault complaints. The United States also reviewed the University's policies prohibiting retaliation and found its response to allegations of retaliation by those who participated in the complaint process inadequate. To assess whether a hostile environment exists on campus, we also analyzed the University's responses to complaints, its reform efforts taken in response to Justice Barz's reports, and numerous interviews with relevant stakeholders. While those efforts were significant, we found the University did not take sufficient effective action to fully eliminate a sexually hostile environment, prevent its recurrence, and address its effects. Finally, we evaluated the University's compliance with its duty to designate a person(s) to coordinate its Title IX efforts, to train those responsible for its coordination and enforcement, and to provide a notice of nondiscrimination. We found that the University needs to coordinate its Title IX enforcement better, provide more training to those tasked with enforcing and coordinating Title IX, devise a system to track Title IX complaints, and revise its notice of nondiscrimination. Below we explain in detail each area in which the University's compliance with Title IX and Title IV fell short and how the Agreement will build on the University's proactive efforts to address these areas and bring it into full compliance with these legal obligations. I.

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University Policies Prohibiting Sexual Harassment and Sexual Assault

Although the University has eight policies and procedures that explicitly or implicitly cover sexual harassment and sexual assault, their sheer number and the lack of clear cross references among them leaves unclear which should be used to report sexual harassment or sexual assault and when circumstances support using one policy or procedure over another. The investigation by the United States revealed that the University has three policies explicitly prohibiting sexual

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harassment or sexual assault: the Sexual Harassment Policy ("Policy 406.5.1 "); the Sexual Misconduct, Sexual and Relationship Violence, and Stalking Policy ("Policy 406.5"); and the Student Conduct Code (SCC), which prohibits "rape," "sexual assault," and "malicious intimidation or harassment." 10 All three are on the University's website, but only Policy 406.5 links to the Sexual Misconduct, Sexual and Relationship Violence, and Stalking Procedures, which give students four reporting options: (1) a criminal report to OPS; (2) an SCC complaint to pursue disciplinary action against a student; (3) a confidential or anonymous report to alert the University to the threat of violence; and (4) a "sexual harassment policy violation complaint" with the University Discrimination Office. The Sexual Harassment Policy links to the Discrimination Grievance Procedures ("DGP"), implying that the DGP should be used for violations of that Policy. The SCC does not reference the DGP, the Sexual Harassment Policy, or the Sexual Misconduct Policy or Procedures. To add to the confusion about how to report sexual harassment and sexual assault, the University has four other policies and procedures that cover sex discrimination, but do not explicitly discuss sexual harassment or sexual assault: (1) the DGP, which covers complaints of"discrimination" under Title IX and other laws; (2) the Discrimination Grievance Policy (Policy 407.1), which links to the DGP on the website; (3) the University's Equal Opportunity Policy/Non-Discrimination Policy (Policy No. 406.4), which requires "equal opportunity for education, employment, and participation in University activities without regard to ... sex" and other factors; and (4) the Equal Opportunity Policy/NonDiscrimination Procedures, which identifies the DGP as the way to report discrimination that violates the Equal Opportunity Policy. The confusion about when and to whom to report sexual harassment is attributable in part to inconsistent and inadequate definitions of "sexual harassment" in the University's policies. First, the University's policies conflate the definitions of"sexual harassment" and "hostile environment." Sexual harassment is unwelcome conduct of a sexual nature. When sexual harassment is sufficiently severe or pervasive to deny or limit a student's ability to participate in or benefit from the school's program based on sex, it creates a hostile environment. The University's Sexual Harassment Policy, however, defines "sexual harassment" as conduct that "is sufficiently severe or pervasive as to disrupt or undermine a person's ability to participate in or receive the benefits, services, or opportunities of the University, including unreasonably interfering with a person's work or educational performance." Sexual Harassment Policy 406.5.1. While this limited definition is consistent with a hostile educational environment created by sexual harassment, sexual harassment should be more broadly defined as "any unwelcome conduct of a sexual nature." Defining "sexual harassment" as "a hostile environment" leaves unclear when students should report unwelcome conduct of a sexual nature and risks having students wait to report to the University until such conduct becomes severe or pervasive or both. It is in the University's interest to encourage students to report sexual

The University defmes "malicious harassment" as "[w]hen a student, with the intent to terrify, intimidate, threaten, harass, annoy, or offend, (1) causes bodily injury to another (2) causes reasonable apprehension of bodily injury in another, (3) damages, destroys, or defaces any property of another or any public property, or (4) makes repeated telephone conununications anonymously or at extremely inconvenient hours or in offensively coarse language." The University ofMontana Student Conduct Code 13, 14 (2012), http://life.umt.edu/vpsaldocuments/Studenf0/o20Conduct %20Code%20FULL%20%20UPDA TED%20AUG%2028%202012.pdf.

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harassment early, before such conduct becomes severe or pervasive, so that it can take steps to prevent the harassment from creating a hostile environment. 11 Second, the University's policies do not define "sexual harassment" consistently. The Sexual Misconduct Policy incorrectly implies that sexual harassment must be both "severe and pervasive" to establish a hostile environment, as opposed to "severe or pervasive"-the longstanding Title IX administrative enforcement standard and Title IV injunctive standard. In contrast, the Sexual Harassment Policy states that "sexual harassment" must be "severe or 12 pervasive." The SCC prohibits only "maliciOUS intimidation or harassment of another" and does.not explicitly reference or define "sexual harassment." Third, Sexual Harassment Policy 406.5.1 improperly suggests that the conduct does not constitute sexual harassment unless it is objectively offensive. This policy provides examples of unwelcome conduct of a sexual nature .but then states that "[w ]hether conduct is sufficiently offensive to constitute sexual harassment is determined from the perspective of an objectively reasonable person of the same gender in the same situation." Whether conduct is objectively offensive is a factor used to determine if a hostile environment has been created, but it is not the standard to determine whether conduct was "unwelcome conduct of a sexual nature" and therefore constitutes "sexual harassment." As explained in the Legal Standards section above, the United States considers a variety of factors, from both a subjective and objective perspective, to determine if a hostile environment has been created. Finally, none ofthe policies explicitly defines "hostile environment," accurately defines "sexual harassment," or indicates that a single instance of sexual assault can constitute a hostile environment. To address these issues, the Agreement requires the University to revise its policies so that they provide accurate definitions of sexual assault, sexual harassment, and conduct that may constitute sex discrimination and may provide the basis for a Title IX complaint, and to dispel any confusion about when, where, and how students should report various types of sex discrimination. II.

Grievance Procedures

As noted above, the University has two published grievance procedures that address complaints involving sexual assault and sexual harassment: the SCC disciplinary process and the DGP. For the reasons detailed below, neither the SCC process nor the DGP, as written and implemented by the University, has individually or collectively ensured prompt and equitable resolution of student complaints alleging sexual assault and sexual harassment. See 34 C.F.R. Â§Â§ 106.8(b), 106.31. In evaluating whether a recipient's Title IX grievance procedures are prompt and equitable, the United States considers whether each of the following elements are included:

If the University is defining "sexual harassment" as conduct that creates a hostile environment because a student or employee may face disciplinary consequences upon a University finding that sexual harassment occurred, then the University should clarify its discipline practices rather than define "sexual harassment" too narrowly, which will likely discourage students from reporting sexual harassment until it becomes severe and pervasive. 12 The University ofMontana SCC 13.

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notice to students and employees of the procedures, including where complaints may be filed;

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application of the procedures to complaints alleging harassment carried out by employees, other students, or third parties;

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adequate, reliable, and impartial investigations of complaints, including the opportunity to present witnesses and other evidence;

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designated and reasonably prompt timeframes for the resolution of the complaint process;

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written notice to the parties ofthe outcome of the complaint; and

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an assurance that the college or university will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate.

The United States reviewed the University's SCC and DGP grievance procedures and the sexual assault and harassment complaints that the University received between the 2009-2010 and 2011-2012 school years. The United States determined that, over the three-year period, the University applied the SCC disciplinary process to sexual assault complaints and a few severe sexual harassment complaints. The University applied the DGP, which on its face covers all complaints under Title IX and other nondiscrimination laws, to only two of ten sexual harassment complaints and no sexual assault complaints. Other sexual harassment comflaints were resolved using procedures implemented by specific offices within the University. 1 The wide variation in who investigated and resolved complaints of sexual assault and harassment highlights the need for clearer procedures, as discussed in the next section.

A. Notice of Grievance Procedures to Students Although the University has grievance procedures, it does not provide students with sufficient notice so that they know where and how to report sex discrimination under these procedures. As described above, Title IX requires the University to provide students and employees with notice of its Title IX grievance procedures, including where complaints may be filed. The procedures for resolving complaints of sex discrimination, including sexual harassment, should be easily understood, easily located, and widely distributed. Although the University's DGP and Equal Opportunity Policy/Non-Discrimination Procedure inform individuals alleging discrimination to 13

Of the twenty-three sexual assault complaints received by the University, seventeen were funneled through the SCC process. For the other six allegations, the University determined either that there was insufficient information to initiate the SCC process or that the complainant declined to initiate or continue the SCC process. The University received ten sexual harassment complaints: one sexual harassment complaint from a student in the employment context and nine complaints from students outside of the employment context. The one complaint from the student employee was handled by the office that employed the complainant and accused student. Four complaints of nonemployment-based sexual harassment were handled using the SCC process. Only two ofthe nine sexual harassment allegations outside of the employment context were handled by the DGP, and these two involved professor-onstudent sexual harassment allegations. Three complaints of non-employment-based sexual harassment were handled by different University offices using different procedures.

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contact the Equal Opportunity/Affirmative Action Officer ("Officer") and provide the Officer's physical address and phone number, the University must do more to ensure that the content, distribution, and location of these procedures inform students effectively regarding where and how they can bring sexual harassment complaints. The Sexual Harassment Policy 406.5.1 directs students to "report sexual harassment to the EEO/Affirmative Action Office in accordance with the [DGP]," but does not provide the Office's contact information. The procedures for the Sexual Misconduct, Sexual and Relationship Violence, Stalking Policy 406.5 state that "a sexual harassment policy violation complaint [may be filed] with the University Discrimination Office," but provide no contact information, location, or individual identified with this office, and leave unclear whether this is the same Office as the EEO/Affirmative Action Office. The DGP and other policies and procedures used to address sexual harassment are also not readily accessible to students. Except for the SCC, all of the policies and procedures related to discrimination on the basis of sex, sexual assault, and sexual harassment are labeled as "Human Resources" policies on the University's website, suggesting that the policies and procedures apply to the employment context and not necessarily the education context. Justice Barz also noted that the University's website is difficult to navigate to find information and resources on sexual assault. 14 The United States acknowledges that the University has created a new sexual misconduct website, which is easier to navigate and find resources and information on sexual assault. In addition, students do not receive copies of the DGP or other policies and procedures used to address sexual harassment complaints. In contrast, students receive information about the SCC in information packets provided by Residence Life and during orientation. Though each school within the University provides a student handbook, very few refer to sexual harassment, sexual assault, or grievance procedures for this misconduct. Some school handbooks list the University's Student Assault Resource Center ("SARC") as a reference or refer to the SCC, but not specifically with respect to this misconduct. During interviews with the United States, even the University officials who coordinate the University's Title IX compliance efforts were unsure whether the University's policies and procedures provide notice to students of where they should file sexual harassment complaints. Because the policies and procedures have the "human resources" label and the University does not distribute them to every student, students lack sufficient notice that there is a Title IX coordinator to whom they can bring student-on-student sexual harassment complaints. Although the SCC is distributed and easier to find on the website, it also does not provide students who have been sexually assaulted and/or retaliated against with sufficient information on where and how to file a complaint. The SCC does not direct students with sexual assault complaints to file them with a specific University official or provide the official's contact information. Instead, it states that "[w]hen a complaint is filed with appropriate University officials charging a student with violating the University's Student Conduct Code, the University is responsible for conducting an investigation, initiating charges, and adjudicating those charges." 15 Although the SCC does state that the Vice President for Student Affairs is 14

Justice Diane G. Barz, Investigation Report 4 (2012). The University ofMontana sec 2.

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responsible for the administration of the sec, 16 it does not state that students should bring complaints to the Vice President or the official the Vice President designates to conduct investigations; moreover, the SCC directs students to file with this Vice President only for offcampus offenses. 17 The procedures for the Sexual Misconduct, Sexual and Relationship Violence, Stalking Policy 406.5 state that "[a] survivor wishing to pursue University disciplinary sanctions against any student must file a Student Conduct Code complaint with the Dean of Students (243-6413);" but, as noted above, this policy is not distributed to students and not easy to find given its location under "Human Resources" on the website. Students' experiences further indicate that the University's notice of its grievance procedures and where and how to file complaints causes confusion. Current students indicated that they do not recall the University ever explaining sexual harassment and how to report it. Some of these students indicated that they knew students who have experienced sexual harassment and did not report it to the University. Some students were unclear about where they need to report incidents of sexual assault to trigger a University investigation. One student who reported being sexually assaulted mistakenly thought her interactions with the University's health center and SARC constituted reporting to the University for Title IX investigative purposes. But presently and under the Agreement, if a student reports an assault to SARC or the University's Curry Health Center, this is a confidential report that will not initiate a Title IX investigation. Another student told the United States that she thought the University would investigate her sexual assault complaint because the police told her that they had informed a University coach about the police report she filed accusing student athletes on the coach's team. The student assumed that she did not need to file an additional complaint with the University because the police had notified a University employee. During the period we reviewed, if a student reported an assault to the Missoula Police Department ("MPD") or OPS to initiate a criminal investigation, this did not necessarily trigger a Title IX investigation. Going forward, the Agreement requires all employees (including those in OPS), except those who are statutorily barred from reporting, to report sexual assaults and harassment of which they become aware to the Title IX Coordinator. The Agreement further requires training for all University employees, including those who are statutorily barred from reporting, on informing complainants of their right to file Title IX and criminal complaints and how to do so. The Agreement requires additional training on how to coordinate and cooperate with law enforcement during parallel criminal and Title IX proceedings for the Title IX Coordinator, members of the University Court, and any other University employees (e.g., OPS employees) who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination or who will otherwise assist in the coordination of the University's compliance with Title IX, and to ensure that OPS knows how to facilitate the filing of a Title IX complaint upon a student's request. 18 Given that OPS is often the "first responder" to reports of sexual assault, this training will also clarify that the University has responsibilities under Title IX to respond to sexual assault and sexual harassment short of assault, even when OPS has responded to the same report of harassment in a criminal capacity. 16

Id at I. Id at 15. 18 Although MPD does not have Title IX obligations, contacting the University in such instances would help to promote Title IX compliance. 17

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Under the Agreement, the University will also develop a resource guide for students with clear explanations of the criminal and non-criminal processes that flow from filing complaints with particular entities. In addition, the resource guide will provide clear examples of what types of actions may constitute sex discrimination in the University's programs or activities, including but not limited to different types of sex-based harassment, and what may provide the basis for a complaint pursuant to the University's grievance and other procedures. The Agreement also requires the University to make clear when students should invoke the SCC or the DGP and the interaction between the two processes, and to clarify what reporting is confidential and what reporting will initiate a Title IX investigation.

B. Student Conduct Code Process As noted above, although Title IX does not require a recipient to provide separate grievance procedures for sexual harassment or sexual assault complaints, any procedures used to adjudicate such complaints, including disciplinary procedures such as the SCC, must meet the Title IX requirements of affording complainants prompt and equitable resolutions of their complaints. Based on its investigation, the United States determined that the University's SCC process does not constitute an adequate grievance procedure for Title IX complaints because, as implemented, it has not ensured a prompt and effective means for responding to sexual harassment, including sexual assault. The SCC is a disciplinary code that prohibits and punishes acts of misconduct, including rape, sexual assault, and "malicious harassment." The focus of the SCC process is on the perpetrator, his or her due process rights, and resolving possible violations of the sec, and it does not adequately address the Title IX rights of the victim. As currently written and implemented, the SCC process is inadequate as a Title IX grievance procedure in five key respects: (1) the lengthy SCC process has delayed the resolution of some Title IX complaints; (2) the sec did not provide some complainants an adequate, reliable, and impartial investigation or an equitable resolution; (3) the SCC does not adequately cover all forms of sexual harassment; (4) the SCC does not fully satisfy the University's Title IX obligations to address off-campus sexual assaults; and (5) the SCC lacks other procedural elements that help ensure a prompt and equitable grievance procedure. As the Agreement requires, if the University chooses to continue to use the SCC to address sexual assault and harassment complaints, it must cure these inadequacies.

1. The Lengthy SCC Process Has Delayed Resolution ofSome Complaints First, the University's use of the SCC process has significantly delayed the resolution of some Title IX complaints because the process has multiple stages, including five appeals. The process begins with an investigation by a University official designated by the Vice President for Student 19 Mfairs. For the 2009-2010, 2010-2011 , and 2011-2012 school years, the designated official was the Dean of Students. The SCC requires the investigating official to take certain steps, including: determining the facts through interviews, reports, and other evidence; informing the accused student of the findings; allowing the accused student the opportunity to respond to evidence and potential charges; and making an impartial judgment as to whether any misconduct occurred and proposing appropriate sanctions. 20 Upon making a determination that a student 19

The University ofMontana SCC 18.

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violated the SCC, the Dean proposes sanctions such as a disciplinary warning or probation, mandatory programs or counseling targeted at drug and alcohol abuse or sexual offenses, 21 a prohibition on attending campus events or participating in activities, eviction from University housing, and suspension or expulsion. 22 Although the SCC does not require the Dean to provide the determination in writing, during the time period reviewed by the United States, the Dean provided the written determination to the accused but not the complainant. If the Dean determines a student has violated the SCC and proposes sanctions, the accused student can appeal the decision by requesting an administrative conference before an administrative officer or committee designated by the Vice President for Student Affairs. 23 The Dean must create a report that details the allegations and sanctions and provide it to the administrative officer within five working days of meeting with the student. The administrative officer reviews the report produced by the Dean and then meets with the accused student. If, based on the report and the meeting, this administrative officer finds a probable violation of the SCC, the officer sends written notice of the charges to the accused student, but not the complainant, specifying the alleged misconduct, a summary of the facts, and the proposed sanctions. 24 If the accused student disagrees with the decisions made at the administrative conference, he or she can request a hearing before the University Court, which consists of students, faculty, and staff. 25 During the time period reviewed by the United States, the Dean of Students presented the case for the University to the University Court. Within ten working days of the University Court hearing, the Court makes a decision and recommends sanctions in writing and provides it to the accused student. 26 During the time period reviewed by the United States, the Court provided its decision to complainants as well. The University President then has ten working days to review the Court's decision. 27 If a student disagrees with the President's decision, he or she can appeal to the Commissioner of Higher Education and then the Board ofRegents. 28 Given the numerous levels of review in the SCC process, some Title IX complaints have taken many months to resolve. For example, one student filed a sexual assault complaint that took over eleven months to resolve. For that complaint, the accused student availed himself of five levels of review, the fifth level of review did not occur until six months after the complaint was filed, and the remand proceedings took over four months to complete and resulted in a reversal. Because ofthis reversal, the length of the process, and the possibility that she would continue to see the accused student, the complainant seriously contemplated not returning to campus.

Jd at 15-16. The sanctions of suspension and expulsion are noted in the student's permanent academic record. Jd at 15, 17. 23 Jd at 19. During the time period reviewed by the United States, the Vice President for Student Affairs acted as the administrative officer. 22

24/d 25

Jd at 20. Jd at 21. 27 Id at 22. 28 Jd 26

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In another situation, the student reported an assault to the police. Although the police infonned a University employee about the report shortly thereafter, the employee did not tell the Title IX Coordinator or the Dean of Students. The University did not begin investigating the assault through the SCC process until approximately a year later when those involved in the Title IX grievance process learned of the incident through the media. Because the police notified a University employee who was not statutorily barred from reporting, the University had notice of the harassment that should have triggered a prompt Title IX investigation. 29 During the year prior to the SCC investigation, the University did not put any interim measures in place to remedy the effects of the harassment on the complainant. Once the University initiated the SCC process, it took approximately four more months to resolve the complaint. The University's failure to promptly investigate and resolve this complaint revealed shortcomings in the University's grievance procedures. After other University officials learned of this incident and before the United States initiated its review, the University took the appropriate and positive step to adopt a policy requiring all employees, except those who are statutorily barred from reporting, to report incidents of sexual assault to the Title IX Coordinator. The Agreement requires the University to take additional steps to clarifY its policies and procedures and provide training for employees and students so that they understand what processes follow from reporting sexual assault to particular University employees and how those processes differ depending on who receives the report (e.g., clarifY how the processes differ if a report is made to SARC, the Title IX Coordinator, OPS, etc.). While students who are accused of SCC violations are entitled to due process, the University needs to ensure that it adopts sufficient interim measures to protect the student who brings the harassment complaint, remedy the impact of the harassment, and take steps to prevent the harassment from recurring.

2. The SCC Process Has Not Ensured Adequate, Reliable, and Impartial Investigations or Equitable Resolutions ofSome Complaints Second, the University's use of the SCC process to address allegations of sexual assault has not provided some complainants an adequate, reliable, and impartial investigation or equitable resolution. In two situations where students filed SCC complaints regarding sexual assault, the University assumed the victims had stopped cooperating, consequently stopped the investigations prior to making a finding regarding whether sexual assault occurred, and/or failed to consider or implement sufficient interim measures to protect the complainant. In neither case did the University receive an affirmative statement from the student that she no longer wished to continue with the SCC process. Even if the complainant students did not want to continue to participate in the investigation, the University was nonetheless obligated to conduct and conclude an adequate, reliable investigation and, as appropriate, take steps to remedy the effects of any harassment, and prevent it from recurring. Such steps could have included, for example, offering counseling services and implementing other measures, independent of disciplinary action, that could assist the complainants and/or address sexual assaults on the campus at large.

This notice constituted "actual notice" under the damages standard in Gebser and Davis, but recipients must also respond in cases of "constructive notice" under the administrative enforcement and injunctive standard. Revised Sexual Harassment Guidance iii-iv.

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For another sexual assault complaint involving multiple alleged perpetrators, the University did not get to the stage of notifying any of the accused students of the SCC complaint. The University could not determine which accused student(s) assaulted the student and thus did not make a finding that discrimination had occurred or take further action, thereby failing to provide the student who complained of being assaulted with any resolution to her sexual assault complaint. In some instances, the University did not implement sufficient measures to prevent sexual harassment from recurring and correct its discriminatory effects, such as considering and, as appropriate, imposing interim measures consistently to protect the students who reported sexual assault. For example, one student was upset by repeatedly seeing the student who she reported sexually assaulted her on campus. The University official investigating the SCC complaint was notified of this, but took no further action. He did not consider or discuss with the complainant any options for her to avoid contact with the other student. For example, interim measures of this type could have included changing the academic or living situations and taking other steps to separate the complainant and accused student on campus, or providing the victim with a student escort while on campus. In another instance, after a student reported to the University that another student sexually assaulted her, she began expressing suicidal ideation. The student's roommate reported this to a Resident Assistant, who reported it to the Residence Life Office. The Residence Life Office, in tum, shared the information with the University official investigating the SCC complaint. Although this official said that the Residence Life Office would have responded to this concern, he did not know how the office responded, did not take any action himself, and the University did not produce any record of a response by the office. The University should have coordinated its response to ensure that it immediately offered this student interim measures to ensure her safety. Another student left the University in February 2011 shortly after she made a complaint of sexual assault. 30 In late March 2011, the Dean of Students found sufficient evidence that the accused student had sexually assaulted the complainant in violation of the SCC, and the Dean recommended expulsion. The accused student denied the charges and could have appealed the expulsion through the next five levels of the SCC review process. Instead of going to the next step of the process, the University and the accused student's lawyer agreed that the student could stay on campus approximately six more weeks until the end of the spring semester, but was not permitted to re-enroll at the University or to access the property or sponsored activities thereafter. In effect, the accused agreed to the expulsion provided he could finish the semester on campus. This particular complainant was comfortable with this resolution because she was no longer on campus and relieved not to have to go through additional stages of the sec appeals process. Even in situations where a complainant seems comfortable with such a resolution, however, once a university determines that a student has committed sexual assault or harassment, it should carefully assess the facts to determine if leaving the student on campus while expulsion is 30

As explained below in the section regarding retaliation, the student left the University largely because of subsequent retaliation for reporting the assault, which the University did not investigate, and the assault itself.

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pursued will fail to eliminate the hostile environment for the complainant and/or leave other students at risk of assault or harassment. The SCC allows the University to immediately suspend a student from the University or evict him or her from University Housing without prior notice "whenever there is evidence that the student's continued presence on the campus constitutes a threat to the student or others or to the continuance of normal University operations." 31 Under the Agreement, the University will provide guidance to those charged with the application of interim measures to ensure they are used consistently and effectively for Title IX purposes. The University should further clarify to the Title IX Coordinator(s) when temporary suspension or eviction is appropriate in the sexual assault and harassment context. Another complaint did not result in an equitable resolution because a University official, upon reinvestigation of the complaint, used the "clear and convincing evidence" standard in contravention of the Dear Colleague Letter's directive to use the "preponderance of the evidence" standard to evaluate the complaint. 32 The official's analysis of the evidence found both the complainant and accused student to be credible and expressed a belief that this was "a case of differing perceptions and interpretations of the events in question." However, other parts ofthe analysis questioned the complainant's credibility. For example, some of the complainant's statements began with "I think" or "I don't think," and the official believed that the use of the word "think" denoted a "hesitant and equivocal response." The official concluded that there was not clear and convincing evidence to find that the accused committed sexual misconduct in violation of the SCC. The official's conclusion was in contrast to an earlier report by an outside consultant finding only the complainant to be credible and clear and convincing evidence that the accused sexually assaulted the complainant. Under the preponderance of the evidence standard, other University officials and the University Court who had previously considered the complaint, found the complainant credible and determined that the accused had committed sexual assault. The University's handling ofthis complaint and disparate interpretations of the evidence demonstrate a serious need for training specific to matters that are common in sexual assault cases and that come before the University through grievances or alleged violations of the SCC. This includes matters relating to consent, the use of force, the handling of forensic evidence, how to assess victim responses to sexual assault, and how to assess credibility. 33 In addition, the official's reinvestigation of the complaint highlights a need for more training on how to evaluate evidence and the appropriate evidentiary standard to assess it. This analysis, in particular, reflects an incomplete understanding of how to assess credibility, how to assess victim responses to sexual assault, and how to analyze force and consent. Thus, as discussed later, the Agreement requires that the University provide training to all individuals who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination or who will otherwise assist in the coordination of the University's compliance with Title IX on the following: recognizing and appropriately responding to allegations and complaints pursuant to Title IX, including conducting interviews of victims of sexual assault and communicating in a fair, non-biased, and objective manner that does not discourage victims from reporting or following through on their reports; and understanding how to conduct and document adequate, 31

The University ofMontana SCC 17. The handling of this complaint also resulted in serious delay, as discussed supra Part II.B.!. 33 OCR's 2011 Dear Colleague Letter on Sexual Violence notes that "if an investigation or hearing involves forensic evidence, that evidence should be reviewed by a trained forensic examiner." /d. at 12 n.30 32

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prompt, reliable, and impartial Title IX investigations, including the appropriate legal standards to apply in a Title IX investigation and how they differ from those in a criminal investigation. In addition, the dual role of the Dean in investigating SCC complaints and presenting the case on behalf of the University to the University Court creates a potential conflict that can deprive complainants of an adequate, reliable, and impartial investigation. In one sexual assault case, though the Dean investigating the complaint believed that there had been an SCC violation, he did not go forward because of the possibility that the student would not testify at a University Court hearing, during which he would have had to present the case. Having the same official play these dual roles of investigator and "prosecutor" appears to have discouraged the official from making a finding of discrimination even though he believed discrimination occurred. Therefore, under the Agreement, the University will ensure that individuals who play a role in receiving, investigating, and processing student complaints of sex-based harassment do not have any actual or perceived conflicts of interest in the process.

3. The SCC Does Not Adequately Cover All Forms of Sexual Harassment Third, the SCC is not an adequate Title IX grievance procedure for sexual harassment because it does not clearly cover sexual harassment that does not constitute sexual assault. The SCC covers "malicious intimidation or harassment," which the University defines as "[w]hen a student, with the intent to terrify, intimidate, threaten, harass, annoy, or offend, ( 1) causes bodily injury to another, (2) causes reasonable apprehension of bodily injury in another, (3) damages, destroys, or defaces any property of another or any public property, or (4) makes repeated telephone communications anonymously or at extremely inconvenient hours or in offensively coarse 34 language." This definition does not explicitly include sexual harassment, and the requirements of malicious intent and bodily harm, fear of bodily harm, destruction of property, or repeated telephone communications exclude many forms of unwelcome conduct of a sexual nature that constitute sexual harassment. Under the Agreement, the University will clarify to which types of sexual harassment the SCC and/or DGP apply and ensure that all forms of sexual harassment and sexual assault are covered. In all cases, reports of sexual harassment and sexual assault will be investigated promptly, reliably, adequately, and impartially. And even if the University uses its DGP or another procedure that does not currently provide a means of disciplining alleged harassers to process peer-on-peer sexual harassment complaints that do not allege sexual assault, the University needs to provide a means of disciplining students who engaged in sexual harassment short of sexual assault to ensure that adequate remedies are available.

4. The SCC Does Not Adequately Cover Off-Campus Sexual Assault or Harassment Fourth, the SCC does not fully satisfy the University's Title IX obligation to address off-campus sexual assaults. The University has an obligation to respond to student-on-student sexual harassment that initially occurred off school grounds when students experience the continuing effects of off-campus sexual harassment in the educational setting. While the University has 34

The University ofMontana SCC 13.

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recently clarified that students may be subject to SCC proceedings if they engage in sexual assault off campus, these revisions to the sec still leave somewhat unclear when the sec will apply to off-campus sexual assaults. 35 The SCC also does not appear to reach off-campus conduct that constitutes sexual harassment but not sexual assault. The Agreement requires the University to further clarify when the SCC wi11 apply to off-campus sexual harassment, including sexual assaults, and to ensure that, as appropriate, sexual harassment will be investigated for Title IX purposes regardless of whether it results in criminal charges. The University will also clarify when the SCC, DGP, or other process will apply to off-campus sexual harassment short of sexual assault to ensure the University meets its Title IX obligation by investigating and responding to all sexual harassment that has a continuing effect in the educational setting.

5. The SCC Lacks Procedural Elements Needed for a Prompt and Equitable Grievance Procedure Lastly, the SCC lacks procedural elements that help ensure a prompt and equitable grievance procedure. Until recently, the University used the "clear and convincing evidence" standard for investigating sexual assault complaints, contrary to OCR's 20 II Dear Colleague Letter on Sexual Violence, which states that the preponderance of the evidence is the appropriate standard for investigating allegations of sexual harassment or violence under Title IX. The University changed portions of the sec during spring 2012 to clarify that rape, sexual assault, and retaliation complaints will be analyzed using the "preponderance of the evidence" standard. 36 However, the revised SCC does not reflect the appropriate standard throughout the Code; it does not use the "preponderance ofthe evidence" standard for investi,rating allegations of"malicious intimidation or harassment" that constitutes sexual harassment. 3 The University's failure to promptly revise all of its policies to use the correct evidentiary standard for investigating alleged sexual harassment has resulted in an inequitable resolution and delayed the resolution of at least one complaint. 38 When that complaint was on appeal, the reviewing official instructed the University to use the "clear and convincing evidence" standard as opposed to the "preponderance of the evidence" standard because the former was the standard described in the SCC when the complainant claimed the sexual assault occurred. Under the "preponderance of the evidence" standard, the University had decided that there was sufficient evidence to conclude that the accused student committed sexual assault. When the University recently reinvestigated the complaint using the "clear and convincing evidence" standard, it decided that there was insufficient evidence to conclude that the accused student committed the assault. The Dear Colleague Letter, however, put schools on notice in April 2011 that the 35

While the revised SCC states that "alleged sexual and other assaults by students off campus will almost always subject the accused to [SCC] proceedings," id at 15, it does not explain when the SCC would not apply. None of the University policies, including the SCC, Jinks the University's responsibility to address off-campus sexual assaults with Title IX. Moreover, the University's other policies do not address off-campus sexual assaults. See Memorandum from David Aronofsky, University Legal Counsel, to Royce Engstrom, University President 5, 8 (Feb. 28, 2012). 36 See id at 8, 9. 37 The University ofMontana SCC 13. 38 See discussion of the delay supra Part ll.B.l and discussion of inequitable resolution supra Part ll.B.2.

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standard for investigating allegations of sexual harassment is the preponderance of the evidence. The University should not continue to use the inappropriate "clear and convincing evidence" standard simply because it failed to adopt the appropriate standard in its sec when the letter was released. In this complaint, the use of this standard resulted in a different outcome. Under the Agreement with the United States, the University will ensure that its grievance procedures use the "preponderance of the evidence" standard for investigating all allegations of sexual harassment, including sexual assault. On its face, moreover, the SCC does not ensure the accused student and the complainant have equal rights throughout the process. Throughout a university's Title IX investigation, including at any hearing, the parties must have an equal opportunity to present relevant witnesses and other evidence. The complainant and the alleged perpetrator must be afforded similar and timely access to any information that will be used at the hearing. If a school provides for appeal of the findings or remedy, it must do so for both parties. The SCC gives the accused a right to review the evidence and the right to hear and question relevant evidence and witnesses. The complainant does not have corresponding rights. The SCC also indicates that the accused student has a right to appeal at each stage of the investigation. However, it does not state that a complainant has a right to appeal a decision at any level. In addition, when students do bring complaints, they do not receive a written determination that the University found that the harassment occurred unless the complaint goes to a University Court hearing. The University has agreed to revise its policies and procedures to provide written notification to both parties of the outcome of the investigation, hearing, and appeal, and to ensure the parties have an equal opportunity to access, review, and present witnesses and other evidence. In addition, the current procedures place an unnecessary burden on the student reporting the complaint. Students who file complaints with the University are required to prepare new written statements, even if another entity such as OPS, the Missoula Police Department, or a hospital has written a report containing the student's statement. The University should seek to minimize the reporting burden on students filing complaints by permitting them to use their existing statements. The Agreement requires University employees who respond to such complaints to coordinate with law enforcement, such as OPS and the local police, regarding such complaints, and to be trained on the information they can share. If the University continues to use the SCC process to respond to sexual assault, harassment and/or retaliation, the University has agreed to revise that process to address the five issues identified above in order to meet its Title IX and Title IV obligations.

C. University Discrimination Grievance Procedure The DGP does not define sexual harassment or hostile environment appropriately and lacks procedural elements to ensure it is prompt and equitable. According to the DGP, any University employee, University student, or applicant for employment or admission to the University "who claims to have been unlawfully discriminated against due to any University regulation or policy or the official action of any University employee may, within sixty (60) calendar days of the alleged discriminatory occurrence, initiate informal complaint proceedings by submitting a

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written summary of complaint to the University's Equal Opportunity Officer." 39 Thus, the DGP process begins with an investigation by the University's Equal Opportunity Officer, who is also the Title IX Coordinator. Based on the investigation, the Officer provides a written determination of whether discrimination occurred. If the Officer determines that discrimination did not occur, the complainant can appeal the decision to the Discrimination Grievance Committee; the DGP is silent regarding the appeal rights of the respondent. 40 After the Discrimination Grievance Committee hearing, the Committee makes a decision in writing, which is reviewed by the University President. Part of the President's review includes ensuring that each finding of discrimination and recommendation for redress received a majority vote from the 41 Committee members "based on a preponderance of substantial, credible evidence." The President's decision specifies "(1) the actions that have been or will be taken regarding each recommendation; and (2) the time frame in which these actions will be accomplished." 42 If a complainant disagrees with the President's decision, he or she can appeal to the Commissioner of Higher Education and then the Board ofRegents. 43 First, although the University provides the DGP to address sexual harassment that does not constitute sexual assault, the DGP has not ensured a prompt and equitable grievance procedure for resolving student complaints of peer sexual harassment. The DGP, which is supposed to cover sexual harassment complaints, 44 does not cover peer sexual harassment complaints in practice. The DGP does not indicate that it applies to student-on-student harassment, and the language "official action of any University employee" in the DGP implies that sexual harassment by a University employee is not covered because such misconduct presumably would never be authorized official employee action. Students do not receive copies of the DGP, and it is posted with human resource policies on a portion of the website where students are not likely to search. It is notable that, in the last three school years, the University received only seven student-onstudent sexual harassment complaints outside of the employment context, but received twentythree sexual assault complaints involving students. None of the peer sexual harassment complaints was handled by the DGP; they were handled by a range of offices. The DGP handled only two sexual harassment complaints, both involving professor-on-student harassment. If the University intends for the DGP to be the primary grievance procedure for sexual harassment complaints, it needs to clarify this for students, particularly with respect to student-on-student sexual harassment, and more effectively publicize the DGP to students. One sexual harassment complaint handled by the DGP did not result in an equitable resolution. The Equal Opportunity Officer found that: the professor made unwelcome sexual advances towards the student; the professor's advances "went too far" and frightened the student; the professor was exerting power over her; and a reasonable woman under the same circumstances 39 University ofMontana, Discrimination Grievance Procedure 4 (2011), http://www.umt.edu/policies/400HumanResources/discriminationgreivance.aspx. 40 See id at 5. 41 Jd at 7. 42 Id 43 44

The Sexual Harassment Policy 406.5.1 directs students to "report sexual harassment to the EEO/Affirmative Action Office in accordance with the DGP." However, as discussed infra, the DGP handled only two of the ten sexual harassment complaints, and these alleged professor-on-student harassment. See infra Part II. C.

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would have felt uncomfortable. The student could no longer attend the class and the academic department arranged for a different professor to grade her work. Despite these findings, the Officer concluded that the conduct was not severe or pervasive and therefore did not constitute sexual harassment. However, the Officer's findings and conclusions strongly suggest that there was a hostile environment; the student could no longer attend class and was therefore deprived of benefits and opportunities ofthe University. Because the University did not identify the Professor's conduct as sexual harassment, the University's response was merely to retain the Officer's report on file with the professor's Department Chair in the event that another similar complaint arises. In reaching this conclusion, the Officer applied the University's Sexual Harassment Policy, which states that conduct becomes sexual harassment when it is "sufficiently severe or pervasive as to disrupt or undermine a person's ability to participate in or to receive the benefits, services, or opportunities of the University, incJuding unreasonably interfering with a person's work or educational performance." As explained above, this is the standard for hostile environmentnot the definition of sexual harassment. Sexual harassment is unwelcome conduct of a sexual nature. However, the Officer assessed whether the conduct was severe or pervasive to determine whether the conduct constituted sexual harassment. The Agreement requires the University to provide accurate definitions of sexual harassment in its policies and procedures. It also requires the University to ensure that those responsible for responding to allegations of sexual harassment receive training regarding (1) the appropriate legal standards to apply, (2) the need to stop the harassment, (3) the obligation to take interim measures where appropriate, and (4) the need to take steps to prevent harassment from recurring. In addition, there are procedural elements of the DGP that undermine its use to resolve complaints promptly and equitably. Although the DGP states that the initial investigation is generally conducted within ten days, the process can take up to seventy days until the President of the University makes a determination, and there is still an opportunity to appeal to the Commissioner of Education and the Board of Regents, which can take additional time. In addition, the DGP has procedural elements that could deter reporting. For example, the DGP provides that the investigation will include convening meetings including the complainant and respondent, if necessary. Although, in practice, the University does not convene joint meetings including the complainant and respondent for a sexual harassment complaint, the statement in the DGP that it does could deter individuals from filing a harassment complaint. The DGP also requires individuals to file complaints within sixty days of the incident. Even though the University accepts complaints outside of this window, because this very short timeframe is written into the policy, individuals might be deterred from making reports outside of this window, even though the University can still investigate the complaints. The Agreement requires that the University adopt reasonable timeframes for filing a complaint and the major stages ofthe investigation, hearing, and appeal. III.

Retaliation

Consistent with the Title IX regulations, retaliation is prohibited in the University's SCC, the Sexual Harassment Policy, and the Equal Opportunity/Non-Discrimination Policy. Nevertheless, the University did not address effectively at least three allegations of retaliation. For example, in

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her statement to the Dean of Students for an SCC investigation,. one student wrote that a friend of the student who she reported sexually assaulted her called her on the phone yelling and telling her that she "better not file charges." Even though the student reported the retaliation to the University through her statement, the University did not meet its Title IX obligation to investigate or address the retaliation. After another student was sexually assaulted, she found anonymous notes on her door that said, "Watch your back." The student reported the notes to the Dean of Students, who informed her that she could get a Temporary Restraining Order. The University did not investigate to discover the source of the notes and prevent individuals from continuing to post them. The primary reasons the student left the University were because of the assault and the subsequent retaliation. A third student reported to the University that she had been assaulted by University students. After she reported the assault, the accused students began intimidating and harassing her and her sister. They came to her dorm room and loitered in the lobby in a manner she perceived as intimidating. They also threw objects at her sister when she was in a dining hall. The student reported the harassment to the Dean of Students, who said that he would keep the harassing students away from them. However, the students continued to harass her and her sister. Both the student-complainant and her sister left the University. In all three incidents, the students reported the retaliation to University officials, but the University did not adequately address any of the reports. We also are concerned that although the SCC prohibits retaliation, none of these incidents resulted in an SCC proceeding. The Agreement requires the University to ensure its policies include an explicit prohibition against retaliation that clarifies that allegations of retaliation should be brought to the individual(s) designated to receive such complaints and will be investigated by the University under the same processes and standards outlined in the Title IX grievance procedures. IV.

Campus Climate

Based on the United States' analysis of twenty-three sexual assault and ten sexual harassment complaints to the University in the past three school years, interviews and emailed responses, some of which included older allegations of sexual assault, the United States determined that the University had not fully eliminated the hostile educational environment based on sex. The evidence established that substantial numbers of female students at the University reported incidents of rape or sexual assault, which were sufficiently serious that they interfered with or limited their ability to participate in or benefit from the school's program. These incidents resulted in the harassed students suspending their academic work; feeling uneasy being in certain areas of campus; experiencing negative mental health consequences, including suicidal ideation; or leaving the University altogether. Several of the assaults were well known to other female students, as they were highlighted in the media. As explained above, there were times when the University had notice of harassment and related retaliation, and while it started investigations of reported sexual assault and harassment allegations over time, it did not respond promptly or adequately to certain complaints and allegations of retaliation.

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To the University's credit, beginning in December 2011, it proactively implemented a number of campus-wide steps to address the hostile environment created by the sexual assaults, prevent further harassment, and remedy the effects of the harassment on the affected students. For example, the University hired Justice Barz to do an independent investigation and issued a memo in March 2012 identifying steps it had started or intended to take to address sexual assaults, including revising the Student Athlete Conduct Code. 45 Though the University implemented several individual remedies over the three-year period and initiated some campus-wide remedial measures in 2012, these steps had not fully eliminated the effects of the hostile environment by the end of our investigation. As described above, when sexual harassment that results in a hostile environment is found, universities must take immediate and effective action tailored to the specific situation to stop the harassment, eliminate the hostile environment, and remedy its effects. Although the University responded to many of the reported incidents of sexual assault, Title IX and Title IV require the University to take additional actions to effectively address the hostile educational environment and provide a nondiscriminatory learning environment for its students. These additional actions, which are set forth in the Agreement, include special training, improved notice and dissemination of information on how to report sex discrimination, revised policies, and annual climate surveys to assess whether students know how to report sex discrimination and whether the remedies in the Agreement are effective. Despite notice in the SCC that sexual assault and retaliation are prohibited, some students at the University who have been assaulted expressed concern about coming forward because they fear retaliation, lack of a response by the University, or a negative response by the University. One student indicated to investigators that she did not want to go forward with the sec process initially because she had negative experiences with individuals at the University making statements that suggested that they did not believe she had been assaulted. And once she filed a complaint, she felt that University officials did not respond supportively and indicated that they did not believe her. A former University student informed the University that she had not reported being assaulted when she was a student because the person who assaulted her was a football player, football players could get away with whatever they wanted, and everyone would think she was bringing a false report. Several community members, current students, and faculty members similarly indicated that football players are seen as being given undue favoritism and allowed to get away with anything, including sexual assault. For example, some people stated that the University and the community treat football players as if they are "Gods." From spring 2009 to spring 2012, six football players were accused of aiding, attempting, or committing sexual assault through the University's complaint procedures. Three of these players were involved in an assault where the University did not initiate SCC proceedings until almost a year after the coach had notice that the victim had filed a report with the Missoula Police Department. Several students told investigators that, in the wake of the discussion of the sexual assaults in the media in 2011, the University placed too much emphasis on personal safety and responsibility, and not enough emphasis on addressing the behavior of sexual assault. Students did note that the University bringing in "Men Can Stop Rape" was a positive step to focus on addressing the behavior of those engaging in sexual assault.

Memo. from Royce Engstrom, University President to UM Campus Community & Missoula Community 2-4 (Mar. 22, 2012).

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To improve the campus climate, the University is providing more training for students that defines sexual harassment, including sexual assault, and makes clear it is unacceptable. This 20minute online mandatory training, PETSA, is a positive start. 46 Under the terms of the Agreement, the University will supplement this training with in-person training to ensure that students have opportunities to ask questions and learn from the feedback of their trainers and student peers. The training will also ensure students receive adequate notice of conduct prohibited by Title IX, how to report such conduct, the different processes that flow from reporting such conduct to various campus and community resources (e.g., SARC, Title IX Coordinator, OPS, a faculty member), the revised Title IX policies and grievance procedures, and the link between alcohol and drug use and sexual assault. The training will provide clear examples of what types of actions may constitute sex discrimination in the University's programs or activities, including but not limited to different types of sex-based harassment, and what may provide the basis for a complaint pursuant to the University's grievance and other procedures. The University will also conduct climate surveys of students each school year to ensure that the remedies required by the Agreement achieve their intended goal of ensuring a nondiscriminatory educational environment. In addition, to further improve the campus climate, under the Agreement, the University will ensure that all offices within the University convey the same message that sexual assault is unacceptable and inform students how and where to file Title IX complaints and of their right to file criminal complaints. Therefore, in addition to ensuring that students receive sufficient training, the Agreement requires the University to make sure that all faculty and staff, particularly those to whom students will report sexual assault, receive training on how to discuss sexual assault with students, the discrimination prohibitions of Title IX, the University's Title IX obligations, its Title IX complaint process, and how to clarify the criminal and non-criminal (e.g., Title IX and SCC) consequences of reporting to various campus and community resources. The training aims to ensure that those who will be directly involved in processing, investigating, and/or resolving complaints will notify complainants of the right to file a criminal complaint and share information permitted by law regarding sexual harassment and sexual assault allegations among University employees, including OPS employees, and other law enforcement officials. V.

Title IX Coordinator

Throughout the time period we reviewed, the University had designated a Title IX Coordinator to coordinate its efforts to comply with Title IX and had delegated authority to investigate and decide Title IX complaints to other individuals, such as the Dean of Students and the University Court members. However, additional steps must be taken to ensure that these employees have adequate training on what constitutes sexual harassment, including sexual violence, and that they understand how the grievance procedures operate. Prior to 20 ll, the Title IX Coordinator's training consisted only of a bias-prevention training by the National Coalition Building Institute in 2009. In 2011, the Coordinator received training on internal discrimination investigations by the National Association of College and University Attorneys (NACUA), and in 2012, the coordinator received training on campus assault, the role 46

See supra Background Section for discussion ofPETSA.

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of the Title IX Coordinator, providing training, and model policies and grievance procedures by NACUA. The Dean of Students who investigated complaints under the SCC during the threeyear period had not received training regarding Title IX until spring 20 12, and had not attended training on University judicial proceedings and investigations during the time period of the United States' investigation. The University Court received training during the 2009-2010 school year on sexual violence and the role of the Court, but has not received this training in subsequent years. During the 2011-2012 school year, the year during which the University received the most sexual assault complaints, no members of the University Court had received training. With respect to other employees who periodically investigate sexual harassment complaints, the University provides in-person training to all new employees about sexual harassment in the workplace. However, they do not receive training on peer-on-peer sexual harassment and how to conduct a Title IX investigation. While the Title IX Coordinator sometimes provides advice to employees on how to conduct an investigation, this cannot develop the same level of skill and promote as much consistency as in-person training for all individuals who conduct these investigations. 47 Under the Agreement, the University will provide more detailed training on sex discrimination, including sexual assault and sexual harassment, and the University's obligations under Title IV and Title IX. This training will be mandatory for all individuals who play a role in coordinating the University's response to Title IX complaints, which includes the Title IX Coordinator, the Dean of Students, the Vice President for Student Affairs, Residence Life and Dining Services employees, the University Court, OPS, any other offices or departments that conduct sexual harassment investigations (e.g., those involved in the DGP process), and the administrators who will be part of the President's team convened to address all sexual assault reports. 48 The training aims to ensure that these individuals will provide notice to students about the option to file a complaint with the University and/or a criminal complaint with law enforcement, and will coordinate their Title IX response with law enforcement regarding such complaints, as appropriate. The United States is concerned that the University's numerous policies and procedures may create uncertainty and confusion among students, University staff and officials, and members of the public regarding who investigates Title IX complaints. Various employees investigate allegations of sexual assault and sexual harassment. The Title IX Coordinator investigates sexual harassment complaints, particularly those involving professors. Individual offices such as Residence Life and Dining Services also investigate sexual harassment complaints. The Dean of Students uses the SCC process to investigate most complaints of sexual assault involving students and present them to the University Court when students choose to appeal. Although the Title IX Coordinator participated in investigating a few sexual assault complaints involving students, the SCC states that the Vice President for Student Affairs "is responsible for the procedural administration of the SCC for all general conduct." 49 The University's policies do not specify that offices such as Residence Life and Dining Services will conduct Title IX 47

Deficiencies in the training provided to OPS employees are discussed in SPL's letter to OPS being issued today. The team includes: the Title IX Coordinator, the Dean of Students, the Director of Public Safety, the Vice President for Student Affairs, the Vice President for External Relations, UM Legal Counsel, and the President. Memo. from Royce Engstrom, University President 3 (Mar. 22, 20 12). 49 The University ofMontana SCC 1. 48

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investigations. The policies do indicate that the Vice President for Student Affairs designates an officer who investigates complaints in the SCC process, and that sexual assault and attempted sexual assault violate the SCC. None of the policies, however, indicates that the SCC serves as a Title IX complaint resolution process when there is a sexual assault complaint. It is crucial, particularly in sexual assault cases, that the appropriate University offices be notified so that the victim is offered appropriate assistance and the allegations can be promptly investigated. Under the Agreement, the University will clarify the roles of individuals involved in responding to complaints of sexual harassment or sexual assault. In addition, we were concerned that the University had not designated a single person to oversee and review all Title IX complaints. We recognize that the University has addressed this in response to our concern. Previously, some offices notified the Title IX Coordinator when they received a sexual harassment complaint, but complaints of sexual assault were handled by the Dean of Students and were not always discussed with the Title IX Coordinator. For example, a University student who was also a Dining Services employee filed a sexual harassment complaint against another student employee. Dining Services investigated the complaint in consultation with the Title IX Coordinator. Dining Services fired the student. A year and a half later, the Dean of Students investigated the same student for violating the SCC prohibition on sexual assault. The Title IX Coordinator was not involved in this second investigation. Neither the Title IX Coordinator nor the Dean of Students recognized that this student had been accused of engaging in discriminatory conduct on two separate occasions. When interviewed by the United States, the Dean of Students said that had he known about this previous incident, he would have imposed different sanctions. 50 To address this issue, the Agreement requires all University employees to notify the Title IX Coordinator when they receive a report of sexual assault or sexual harassment and a system for tracking and reviewing these reports. VI.

Notice ofNon-Discrimination

The University's notice of nondiscrimination does not fully meet the requirements of the Title IX regulation, 34 C.F.R. ยง 106.9. The Title IX regulation requires universities to implement specific and continuing steps to inform students and others ofthe protections against discrimination on the basis of sex. The notification must state that the requirement of non-discrimination in educational programs and activities extends to employment and admission. It also must say that questions about Title IX may be referred to the employee designated to coordinate Title IX compliance or to the Assistant Secretary for Civil Rights at the Department of Education. The University's Equal Opportunity Policy/Non-Discrimination Policy No. 406.4 states that the University provides equal opportunity for education, employment, and participation in University activities without regard to sex, and indicates that this includes the administration of benefits to students and employees. If this Policy is intended to constitute the notice of nondiscrimination, it does not make clear what conduct falls within "University activities," (e.g., discrimination in athletics, instruction, grading, university housing, and university employment); that conduct such as sexual harassment and sexual assault are forms of sex discrimination in University programs and activities that are prohibited under Title IX; and that when such conduct 50

Repeated violations of the SCC may result in more severe disciplinary sanctions than a single violation. The University ofMontana SCC 16.

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occurs off campus, it can come within Title IX's purview. Policy No. 406.4 also does not adequately inform students that inquiries concerning the application of Title IX may be referred to the Title IX Coordinator or designated employee, as required by 34 C.F.R. Â§ 106.9. Although this online Policy provides a link to Procedures that direct persons alleging discrimination to contact "the Director of Equal Opportunity/Affirmative Action" and provides the Director's contact information, neither the Policy nor the Procedures reference Title IX or the Title IX Coordinator. The electronic version of Policy 406.4 is located on the University's website under the Human Resources label and is not distributed to students. In addition, while the University's Sexual Harassment Policy No. 406.5.1 references Title IX, none of the University's policies indicates that the University is required by Title IX not to discriminate on the basis of sex in its educational programs or activities. Under the Agreement, the University will revise its policies and procedures to clarify what activities are covered in the non-discrimination notice and ensure that students know where and how to report Title IX complaints. Voluntary Resolution Agreement

On May 8, 2013, the University provided the United States with the signed Resolution Agreement to resolve the compliance review and investigation (copy enclosed). The Agreement between the University and the United States, executed on May 9, identifies measures that will assist the University with its Title IX and Title IV compliance and its ongoing efforts to ensure a campus that is free from sexual harassment that could deprive students of an equal opportunity to benefit from or participate in the University's education programs and activities. In summary, the Agreement requires remedial measures through the revision and implementation of policies and procedures, improved notice to students about Title IX and where and how to report sex discrimination, increased training for employees and students, a new system for complaint tracking, and education climate assessments-all of which are designed to ensure that the University is taking steps to prevent sexual harassment and effectively responding to and thoroughly remedying sexual harassment when it occurs. For instance, the Agreement requires the University to: revise its policies and procedures that address complaints of sex discrimination, including sexual harassment, revise its nondiscrimination notice, and to publish these materials effectively; designate one or more Title IX Coordinators to oversee its compliance with Title IX and ensure that they and other appropriate administrators receive appropriate training on Title IX and know how to investigate sexual harassment complaints; and develop an appropriate Title IX training program that will be compleled by lhe Universily's administrators, professors, instructors, resident assistants, coaches, members of SARC, the Curry Student Health Center, OPS, Academic Advisors, and other University employees who are likely to be the first to receive complaints of sex discrimination and/or interact with students on a regular basis. With respect to students, the Agreement requires the University to take the following actions: â&#x20AC;˘

To develop a resource guide on sexual harassment, including sexual assault, to be posted on the University's website and distributed to students in hard copy and/or electronically upon receipt of complaints of sexual harassment and sexual assault. The guide will contain information on what constitutes sexual harassment and sexual assault; clear

Page 29

examples of what types of actions may constitute sex discrimination in the University's programs or activities, including but not limited to different types of sex-based harassment, and what may provide the basis for a complaint pursuant to the University's grievance and other procedures; what to do if students have been the victim of sexual harassment or sexual assault; contact information for alJ on and off-campus resources for victims of sexual assault; information on how to obtain counseling, medical attention, and academic assistance in the event of a sexual assault; and where complaints can be directed, with clear explanations of the criminal and non-criminal consequences that flow from complaining to particular entities. This latter information will make clear how to file a Title IX complaint of sexual assault, harassment, or retaliation with the University; the name and contact information for the University's Title IX Coordinator(s); a description of the Title IX Coordinator's role; links to the new policies and grievance procedures; and information on what interim measures the University can implement if the alleged perpetrator lives on campus and/or attends classes with the victim. The guide will ensure that any student who reports sexual harassment or assault will be given information needed to make informed decisions in writing and alJ in one place that can be referenced easily in the future. â&#x20AC;˘

â&#x20AC;˘

To develop one or more annual climate surveys for all students to (I) assess students' attitudes and knowledge regarding sexual harassment, sexual assault, and retaliation; (2) gather information regarding students' experience with sex discrimination while attending the University; (3) determine whether students know when and how to report such misconduct; (4) gauge students' comfort level with reporting such misconduct; (5) identify any barriers to reporting; (6) assess students' familiarity with the University's outreach, education, and prevention efforts to identify which strategies are effective; and (7) solicit student input on how the University can encourage students to report sexual harassment, sexual assault, and retaliation, and better respond to such reports. Based on a review of the results of the climate surveys, the University will take appropriate action to address climate issues related to sex-based harassment identified through the surveys. To provide regular mandatory training to students to ensure that: (I) students are aware of the University's prohibition against sex discrimination (including sexual harassment, sexual assault, and retaliation); (2) students can recognize such forms of sex discrimination when they occur; and (3) students understand how and with whom to report any incidents of sex discriminalion, includhtg the options for filing complaints with the University and with local law enforcement. In addition, the sessions will cover: the University's new policies and grievance procedures for Title IX complaints, as well as a general overview of what Title IX and Title IV are, the rights these laws confer on students, the resources available to students who believe they have been victims of sex discrimination, the existence of OCR and DOJ, their shared authority to enforce Title IX, and DOJ's authority to enforce Title IV. These sessions will emphasize: issues around consent in sexual interactions; the criminal, athletic, academic, housing, and studentrecord-related consequences that flow from committing sexual assault, sexual harassment, and retaliation; the role of alcohol and drug use in such misconduct, including how such use does not excuse the perpetrator's conduct and how such use relates to consent; how bystanders can help; when off-campus misconduct is covered by

Page 30

the University's policies and grievance procedures; and the potential consequences of lying during an investigation of such misconduct. At a minimum, these sessions will be provided as part of the annual student orientation for new students (including visiting and International students), the class registration process for returning students, and annual residence life orientation for students residing in campus housing. The University also will provide additional mandatory training to all athletes, their coaches, and directors on the revised Student Athlete Conduct Code and how it applies to sexual assault, sexual harassment, and retaliation. Finally, the Agreement provides that the University will coordinate with OPS and local law enforcement to: (1) ensure that in instances where a complaint involves conduct of a criminal nature, the University will be able to meet its obligations under Title IX by, at a minimum, providing witnesses with information about their Title IX rights or resources for victims, facilitating the filing of Title IX complaints, or taking such independent interim actions as may be necessary to ensure the safety of any victims and the campus community; (2) notify complainants of the right to file a criminal complaint; and (3) share information permitted by law regarding sexual harassment and sexual assault allegations among University employees, including OPS employees, and other law enforcement officials. DOJ has concluded its investigation ofOPS and local law enforcement under 42 U.S.C. ยง 14141 and the Safe Streets Act, and has additional findings that it has shared with the University regarding OPS that necessitate additional remedies, some of which relate to those required by the enclosed Agreement. The Agreement contemplates that its implementation will be completed by no later than 60 days after the United States has received all reporting required by the Agreement, which is anticipated to be during the second semester ofthe 2015-2016 school year. The United States will monitor this Agreement until it determines that the University has fulfilled its terms and is in compliance with Title IV, Title IX, and the implementing regulations at issue in this review and investigation. Conclusion

As discussed above, the University has voluntarily and proactively agreed to make changes to its procedures and practices related to Title IX and Title IV compliance. The Agreement details specific steps the University will take to: 1. revise the University's policies, procedures, and investigative practices to provide a grievance procedure that ensures prompt and equitable resolution of sexual harassment and sexual assault allegations; 2. adequately investigate or respond to allegations of retaliation by students who have alleged sexual assault or sexual harassment; 3. take sufficient effective action to fully eliminate a hostile environment based on sex, prevent its recurrence, and address its effects;

Page3)

4. eJtsurethat theindividuais·desigoated:to eoordlnate,)ts Tftle IX etfon:s reeeiv~ adequate training and coordipate :these efforts effectively; and · 5. revise the Universitys ~otice of noi1di~criJiiination. to adequatelfinforin' studepts that sex ·discrimin.ati~n is·prohib1ied. · ·· · ·· · · Th~ United States has d~termined that,.when jmplem~nte4~ the}.gr~l11~mt wi Uresolye ~he Urfited Stat_es' fln~i~gs·;under Title IX :and Title TV detailed above: Therefore, theUilited"States i·s clo$ing tl1i~ Titre rX -compJian~ r~view an<{Trtle IV iovest1gatioras of. the date of thrs letter. The ·United StateS' Will closely monitorthe.Urtiv.etsi~y's implementatiQn ofth.e .enclosed Agree~ent ana may injtfate civil .enforcement proceed,ings in federal cqurt an_d .adminis~~iv.e compliance procedures if the ui, iver.si~ QOCS not comply with 'the Agreement. .

"The.United States sincerely appl"eciates you·r.ccoperati,qn ~nd.that ot"1Jn"iv.ers1:ty S:blff-1:flroughout tnc·.·oomse ofthls c:oi:npliaiice· rev.icw ait-d investigation and.lo.oks forward to ccmtittued CO:ope~a.tiOJl _QUt:ing. the imple~t{llts,ti.9n qftb~-A~Dl~!j_t. .If }'0!1 'ha'.'e~ any q~~-~ti.Qri~ regarding tbi~ ~~~ter, ·ple~e contact: DOJ Deputy.ChiCf.Emil)f-McCart'hy or DOJTdaJ Attomey Tamica. Daniel ,at (20.2) 5J4-4~92, o,r OCR Deput:y ChiefAiiorney Moniq~ Malson .oroOGRJnyes~igator Mwkf arrat (206) '607~1 600. · .

\ \

$i1,1~rely,'

~~frr Ai'Jvri.ina Bl)ar_gaya, Chief U.S. Depin1ment ofJustice,

Pv.fl Rfghts·Diyis!9ry EdLicatiD"nal Opf.?Ortunities Section

·A..fJ

JackSqn, egj_onal Director U.S; bepa ·nt of Education Office fot Ci~ll Rlght5

Seattle Offl~,?e ·

RESOLUTION AGREEMENT

Among the University of Montana - Missoula, the U.S. Department of Justice, Civil Rights Division, Educational Opportunities Section and the U.S. Department of Education, Office for Civil Rights OCR Case No. 10126001 DOJ DJ Number 169-44-9 BACKGROUND AND JURISDICTION

The U.S. Department of Justice, Civil Rights Division, Educational Opportunities Section ("DOJ"), has completed the above-referenced investigation and compliance review of the handling by the University of Montana - Missoula ("University") of allegations of sexual assault and harassment under Title IX of the Education Amendments of 1972 ("Title IX") and Title IV of the Civil Rights Act of 1964, 42 U.S.C. 2000c, et seq. ("Title IV"). The U.S. Department of Education, Office for Civil Rights ("OCR") has joined DOJ in the Title IX compliance review. 1 Based on DOJ's investigation and compliance review, DOJ and OCR Gointly referred to as the "United States") identified concerns regarding the University's handling of sex-based harassment and its implementation of Title IX's regulatory requirements. The United States recognizes that, prior to and during the course of the investigation, the University appointed a Title IX Coordinator, adopted policies and procedures regarding sex-based harassment, responded to complaints, and developed and provided training to employees and students. By taking these and other steps to address sex-based harassment, the University has demonstrated its commitment to meeting its obligations under Title IX and Title IV. Through this Resolution Agreement, the University has indicated its willingness to further implement actions that remedy the United States' concerns identified in the attached Letter of Findings and to ensure the University's compliance with Title IX and Title IV. TERMS OF THE AGREEMENT

To resolve the concerns identified in the Letter of Findings, the University will take effective steps designed to: prevent sex-based harassment in its education programs and activities, including clarifying its policies and procedures applicable to various types of sex-based 1

The Special Litigation Section (SPL) of the Civil Rights Division at the Department of Justice has conducted a related but separate investigation of the University's Office of Public Safety (OPS) among other law enforcement entities. That investigation's findings, which are based on independent assessments of compliance with the Violent Crime Control and Law Enforcement Act of 1994,42 U.S.C. ยง 14141, and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S. C.ยง 3789d, are set out in a separate report and are not addressed in this letter; however, because OPS is covered by and must comply with the University's Title IX obligations, OPS is referenced in this letter and required to participate in certain remedies required by the enclosed Agreement, such as training for first responders. To the extent that SPL's findings regarding OPS under 42 U.S.C. ยง 14141 and 42 U.S.C. ยง 3789d also implicate Title IX in ways not addressed by the remedies in this Agreement, those findings will be addressed by any remedies sought from the University by SPL.

harassment; fully investigate conduct that may constitute sex-based harassment; appropriately respond to all conduct that may constitute sex-based harassment; and mitigate the effects of sexbased harassment, including by eliminating any hostile environment that may arise from or contribute to sex-based harassment. The University also will obtain the services of a third-party consultant mutually agreed upon by the parties (the "Equity Consultant") to consult with the University in its efforts to comply with the terms of this Agreement as outlined below. In tum, OCR will not initiate an enforcement action and DOJ will not initiate litigation regarding the United States' Title IX and Title IV findings raised as of the date of this Agreement provided the University implements the provisions of this Agreement in good faith and subject to the terms in Section X below. As used in this Agreement, the term "sex-based harassment" includes both sexual harassment, including but not limited to sexual assault, and gender-based harassment. The term "sexual harassment" means unwelcome conduct of a sexual nature. 2 The term "gender-based harassment" means non-sexual harassment of a person because of the person's sex and/or gender, including, but not limited to, harassment based on the person's nonconformity with gender stereotypes. For purposes of this Agreement, "sex discrimination" includes sex-based harassment, other discrimination on the basis of sex, and retaliation relating to complaints of sex discrimination. The term "employee" means any non-student employee of the University, including but not limited to faculty, administrators, Office of Public Safety ("OPS") employees, and staff. The term "student employee" means a student who is enrolled at and employed by the University; allegations of sex discrimination against student employees may require the University to take measures applicable to both students and employees. The term "University Court" is the tribunal consisting of students, faculty, and staff that holds hearings regarding alleged violations of the Student Conduct Code (SCC) under certain circumstances prescribed by the sec. This Agreement will remain in force for at least three (3) academic years, and will not terminate until at least 60 days after the United States has received all of the reporting required through the first semester of the 2015-2016 school year. The United States will monitor the implementation of the Agreement until it determines that the University has fulfilled the terms of this Agreement and is in compliance with Title IV, Title IX, and the implementing regulations at 28 C.F.R. Part 54 and 34 C.F.R. Part 106, which were at issue in this case.

EQUITY CONSULTANT The University will retain an Equity Consultant with expertise in the area of sex-based harassment prevention and training in higher education to: A. Evaluate and recommend revisions to the University's policies, procedures, and practices for preventing, investigating, and remediating sex -based harassment, as required by Section II.A below;

Although "sexual assault" is a fonn of"sexual harassment," where this Agreement refers to "sexual assault" and "sexual harassment" separately, it is differentiating sexual contact, including intercourse, without consent ("sexual assault") from unwanted conduct of a sexual nature that does not rise to the level of sexual assault.

B. Develop and provide the mandatory Title IX training required by Section V.A below; and

C. Develop one or more annual climate surveys in consultation with the University, as required by Section VIII.B below, and make recommendations to the University regarding its sex-based harassment policies, procedures, and practices based on the surveys. Within thirty (30) calendar days from the entry date of this Agreement, the University will retain an individual with expertise in the area of sexual assault and harassment prevention and training in the context of higher education who will serve as the Equity Consultant. lfthe United States objects to any such individuals on the basis oftheir qualifications, it will let the University know, and the parties will seek agreement on the Equity Consultant, subject to the enforcement terms in Section X. C. The University will pay all the fees and costs of the Equity Consultant.

II.

POLICIES AND PROCEDURES A. To clarify, and dispel any confusion about, where and how students should report various types of sex discrimination, by May 30, 2013, the University, in consultation with the Equity Consultant, will draft revisions to its policies and procedures related to sex-based harassment. The University policies and procedures to be revised include, but are not limited to: the Sexual Misconduct, Sexual and Relationship Violence, and Stalking Policy (Policy 406.5); the Sexual Harassment Policy (Policy 406.5.1); the Discrimination Grievance Policy (Policy 407.1); the Discrimination Grievance Procedures; the University's Equal Opportunity Policy/Non-Discrimination Policy (Policy No. 406.4); the Appeals Policy (Policy 203.5.2); and the Student Conduct Code. The University will ensure that these policies and procedures provide an easily accessible and user-friendly system for the prompt and equitable resolution of complaints alleging sex discrimination, use consistently defined terms and reporting options, and include, at a minimum, the following: I. accurate definitions of various types of sex discrimination, including sexual harassment and sexual assault that may provide the basis for a complaint pursuant to the University's grievance and other procedures (including but not limited to when off-campus misconduct is covered); 2. notice to all members ofthe University community ofthe grievance procedures that apply to different types of complaints of sex discrimination by employees, students, or third parties; 3. an explanation of how to file complaints pursuant to the grievance procedures and clarification of other types of complaints that may be filed and with whom those complaints should be filed (e.g., providing more and clearer notice to students of the availability of anonymous reporting and how to report a crime to law enforcement); 4. the name or title, office address, email address, and telephone number of the individual(s) with whom to file a complaint and those responsible for taking action 3

on sex discrimination, including investigating complaints of sex-based harassment under the grievance procedures, taking appropriate interim measures during the grievance process, seeking disciplinary action against the accused (where appropriate), and handling appeals; 5. clarification of any differences in the role of the individuals with responsibility to take action on sex discrimination (e.g., if the University continues to have separate policies or grievance procedures for sexual assault and sexual harassment or for employees, it must clarify who receives complaints of sexual assault, sexual harassment, and retaliation, and who receives complaints by students, employees, and student employees); 6. provisions ensuring that individuals who play a role in receiving, investigating, and otherwise processing student complaints of sex-based harassment (including, but not limited, to OPS employees, Title IX coordinator(s), Student Assault Resource Center (SARC) employees, resident assistants, deans, and University Court members) are accessible and do not have any actual or perceived conflicts of interest in the process; in the rare situation that such conflicts arise between the fact-finder or decision-maker and the accused or the accuser in a particular case, the actual or perceived conflict will be disclosed to the parties; 7. a requirement that all employees who are aware of sex-based harassment, except for health-care professionals and any other individuals who are statutorily prohibited from reporting, report it to the Title IX coordinator regardless of whether a formal complaint was filed; 8. procedures for adequate, reliable, prompt, and impartial investigation, hearing (where appropriate), and appeal (where appropriate) of all complaints, including the equal opportunity for the parties to access, review, and present witnesses and other evidence; 9. guidance on interim measures to assist or protect the complaining party during the grievance process, as necessary and with the complainant's consent (e.g., arranging for changes in class schedules and/or living arrangements, counseling, modifying class requirements or testing schedules as needed); 10. reasonable timeframes for individuals to report sex-based harassment and reasonable timeframes for the major stages of the investigation, hearing, and appeal; 11. a requirement for written notification to the parties of the outcome of the investigation, hearing and appeal; 12. a requirement that parties be given notice of the opportunity to appeal the findings; 13. an assurance that the University will keep the complaint and investigation confidential to the extent possible;

14. an assurance that the University will take steps to prevent recurrence of any sex discrimination, with examples ofthe range of possible disciplinary sanctions, and will remedy the effects of the discrimination on the victim(s) and others, with examples of the types of remedies available to victims; and 15. an explicit prohibition against retaliation that clarifies that allegations of retaliation should be brought to the individual(s) designated to receive such complaints and will be investigated by the University under the same processes and standards outlined in the Title IX grievance procedures. B. If the University continues to use the Student Conduct Code to investigate or remedy complaints of sex discrimination, the University will draft revisions to the Student Conduct Code that will provide for the same type of prompt and equitable grievance process required by Section II.A above. C. If the University decides to use the Student Athlete Conduct Code to address allegations of sex discrimination involving student athletes, the University will draft revisions to this Code that will ensure that this part of the grievance procedures is consistent with the prompt and equitable grievance process required by Section II.A above. D. On or before May 30, 2013, the University will submit proposed revisions to the United States of all of its policies, procedures, and conduct codes related to sex discrimination. If the United States chooses to provide comments on the University's proposed revisions, the University will incorporate the United States' comments unless there is disagreement, in which case the University and the United States will work together in good faith to resolve the disagreement. If the parties are unable to agree on the revisions within 30 days of the United States providing notice of any concerns, the United States may pursue relief under the enforcement provisions of Section X.C below. E. The University will adopt the revised policies and procedures in Sections II.A-D within fourteen (14) calendar days of approval from the United States. It is the intent of the parties that the revised policies, procedures, and internal guidance be adopted no later than July 15, 2013. F. Once the University adopts policies and procedures related to sex discrimination pursuant to the terms above, the University will not substantively modify those policies and procedures during the period of the Agreement without the approval of the United States. Such approval will not be unreasonably withheld. All requests to modify such policies and regulations must be made in writing at least thirty days before the University intends to adopt the modification. The United States may reject proposed modifications that are not consistent with the terms ofthis Agreement or applicable federal laws.

III.

NOTICE OF REVISED POLICIES AND PROCEDURES By the start of the 2013-14 academic year, the University will provide all students and employees with written notice regarding the revised policies prohibiting sex discrimination and the grievance procedures for resolving sex discrimination complaints 5

required by Sections II.A-E, as well as information on how to obtain a copy of the policies and grievance procedures. The University, at a minimum, will make this notification available through the University's website, electronic mail messages to employees and students, any regularly issued newsletters (in print or online), and any other means of notification the University can use to ensure that the information is widely disseminated.

IV.

TITLE IX COORDINATOR The University will publish its notice of the Title IX Coordinator's name or title, office address, email address, and telephone number consistent with the requirements of Title IX at 28 C.P.R.ยง 54.135(a) and 34 C.P.R.ยง 106.8(a), within fourteen (14) calendar days of the United States' approval of the notice. If the University chooses to designate one or more persons to assist the Title IX Coordinator, the publication will make clear the scope of each person's responsibilities (e.g., who will handle complaints of sex discrimination and who will handle complaints by students, employees, student employees, and faculty), and will designate the University's Title IX Coordinator to have ultimate oversight responsibility with regard to Title IX matters. Additionally, the University will publish a notice of nondiscrimination with the Title IX Coordinator's information consistent with the requirements of Title IX at 28 C.P.R.ยง 54.140 and 34 C.P.R.ยง 106.9. By August 22, 2013, the University will disseminate this notice through the University's website, student handbook, and any other means of notification the University deems effective to ensure that the information is widely disseminated.

TRAINING OF EMPLOYEES AND PROFESSIONAL DEVELOPMENT A. By August 22, 2013, the University, in consultation with the Equity Consultant, will develop Title IX training, and the Equity Consultant will provide the Title IX training to its Title IX Coordinator, members ofthe University Court, and any other University employees (e.g., OPS employees) who will be directly involved in processing, investigating, and/or resolving complaints of sex discrimination or who will otherwise assist in the coordination of the University's compliance with Title IX. This training will be in person and cover: 1. the University's new policies and grievance procedures for Title IX complaints required by Section II above; 2. sex discrimination and the University's responsibilities under Title IX and Title IV to address allegations of sex-based harassment, whether or not the actions are potentially criminal in nature; 3. recognizing and appropriately responding to allegations and complaints pursuant to Title IX and Title IV, including conducting interviews of victims of sexual assault and communicating in a fair, non-biased, and objective manner that does not discourage victims from reporting or continuing with their complaints (such training shall include role-playing and other practice activities); 4. how to conduct and document adequate, prompt, reliable, and impartial Title IX investigations, including the appropriate legal standards to apply in a Title IX investigation and how they differ from those in a criminal investigation;

5. how to notify complainants of the right to file a criminal complaint and how to file one; 6. what information regarding sex-based harassment allegations may be shared among University employees, including OPS employees, and other law enforcement officials; 7. how to coordinate and cooperate with law enforcement during parallel criminal and Title IX proceedings; 8. the link between alcohol and drug use and sex-based harassment; 9. best practices to address that link, including, but not limited to: a. how to address the challenges of investigating incidents involving alcohol or drug use; and b. how to encourage victims and witnesses of sex-based harassment to cooperate with investigations if they have concerns about possible conduct implications of their own alcohol and drug use; and 10. a written assessment requiring participants to demonstrate that they have learned the material in the Title IX and Title IV training. B. By October 15, 2013, the University will provide Title IX training to all resident assistants, members of the SARC, the Curry Student Health Center, OPS, Academic Advisors, and other University employees who are likely to be the first to receive complaints of sex discrimination. The training will be in person and provide attendees with essential guidance and instruction on recognizing and appropriately responding to initial allegations and complaints of sex discrimination including fair and objective communication that does not discourage victims from reporting. The training also will instruct attendees on: 1. how students may invoke the Title IX complaint and grievance procedures required by Sections II.A-D above, as well as any related procedures (e.g., the SCC and Student Athlete Conduct Code procedures), and the first responder's responsibility to facilitate the filing of such complaints; 2. clear examples of what types of actions may constitute sex discrimination in the University's programs or activities, including but not limited to different types of sex-based harassment, and what may provide the basis for a complaint pursuant to the University's grievance and other procedures; 3. how the Title IX process differs from the criminal one, how to notify complainants of the right to file a criminal complaint, and how to file one; 4. how to contact the Title IX coordinator; and 5. how to provide students with this information verbally and through the resource guide required by Section VII below (i.e., in hard copy and/or electronic form) whenever attendees respond to such complaints. C. By December 20, 2013, the University will provide Title IX training to all University staff and faculty. The training will be designed to provide an understanding of the University's responsibilities under Title IX to address allegations of sex-based harassment, whether or not the actions are potentially criminal in nature. In addition, the training will cover the University's new policies and grievance procedures for Title IX complaints required by Section II above, and informing complainants of their right to file 7

Title IX and criminal complaints and how to do so. The training also will cover the University reporting requirement in Section VI.A below for reports of sex discrimination, and the University's policies and practices regarding the confidentiality of such reports. The training will provide clear examples of what types of actions may constitute sex discrimination in the University's programs or activities, including but not limited to different types of sex-based harassment, and what may provide the basis for a complaint pursuant to the University's grievance and other procedures. As part of the training, the University will issue surveys to staff and faculty to assess their knowledge of how to complain about and respond to sex-based harassment, as well as the effectiveness of the training. D. Beginning with the 2013-14 academic year, the University will ensure that all new employees complete the training required of them pursuant to Sections V.A-C above within one year of their employment start date.

VI.

TRACKING OF COMPLAINTS OF SEX-BASED HARASSMENT

By May 21, 2013, the University, in consultation with the Equity Consultant, will develop to the satisfaction of the United States and institute a system for tracking and reviewing reports (including reports that do not result in the filing of a discrimination complaint), investigations, interim measures, and resolutions of student and employee conduct that may constitute sex-based harassment to ensure that such reports are adequately, reliably, promptly, and impartially investigated and resolved. The system will require, at minimum, that: A. all University offices, with the exception of health-care professionals and any other individuals who are statutorily prohibited from reporting, will notify the Title IX Coordinator within 24 hours of receiving information about sex discrimination, regardless of whether a formal complaint was filed, for the purpose of ensuring that individuals subject to discrimination are consistently and promptly receiving necessary services and information; B. the Title IX Coordinator will enter into an electronic, confidential database or spreadsheet at least the following fields of information: the date and nature of the complaint or other report (e.g., bystander or mandatory employee report); the name of the complainant or that the complaint was anonymous; the name of the person(s) who received the complaint or made the report; the name(s) of the accused; the name(s) of the person(s) assigned to investigate the complaint, take any interim measures, and bring disciplinary charges (where relevant); the interim measures taken, if any; the date of the findings; the date of any hearing; the dates of any appeals; and a summary of the findings at the initial, hearing, and appeal stages, including any actions taken on behalf of the alleged victim and any disciplinary or other actions taken against the accused; and C. the Title IX Coordinator will maintain records of all complaints, investigations, findings, the basis for those findings, and appeals, including, but not limited to: the complaint; the names of the complainant (if available), the accused, and witnesses; any statements or other evidence submitted or collected; interview notes; correspondence relating to the 8

investigation; actions taken on behalf of the alleged victim(s) of sex discrimination; actions taken against the accused, including any temporary measures (e.g., temporary eviction from University housing); records of any discipline or proposed discipline; records of findings communicated to the parties; and records of any appeals.

VII.

RESOURCE GIDDE DEVELOPMENT

In order for the University to ensure it meets its obligation to explain clearly to students where and how to file complaints of various types of sex-based harassment, by July 15, 2013, the University will develop and submit to the United States for approval a resource guide on sex-based harassment that is accessible to students and written in easily understandable language. The guide will contain information on: what constitutes sexual harassment and sexual assault; clear examples of what types of actions may constitute sex discrimination in the University's programs or activities, including but not limited to different types of sexbased harassment, and what may provide the basis for a complaint pursuant to the University's grievance and other procedures; what to do if a student has been the victim of sexual assault or sexual harassment; contact information for all on- and off-campus resources for victims of sexual assault; information on how to obtain counseling, medical attention, and academic assistance; and where complaints can be directed, with clear explanations of the criminal and non-criminal consequences that flow from complaints directed to particular entities. The guide will prominently state that the victim of sexual assault or sexual harassment has the option to pursue a criminal complaint with the appropriate law enforcement agency, to pursue the University's grievance and disciplinary process, or to pursue these processes simultaneously. The guide will: make clear how to file a Title IX complaint of sex-based harassment (including clarifying any distinctions for sexual assault and sexual harassment if such distinctions continue to exist) or retaliation with the University; provide the name and contact information for the University's Title IX Coordinator(s); include a description of the Title IX Coordinator's role; cite links to the new policies and grievance procedures required by Section II.A-D; and identify interim measures the University can implement, including measures that can be taken if the accused lives on campus and/or attends classes with the complainant. Within 30 calendar days of the United States approving the guide, the University will provide the United States with documentation that it has published the guide, including a link to where the guide is posted on the University's website, and information about the locations and personnel on campus who have the guide available to students, including but not limited to all first responders (e.g., SARC employees, resident assistants, the Title IX coordinator(s), and OPS employees) who are required to offer this guide to all persons raising allegations of sex-based discrimination and to offer to send them the link to the guide by email or text message, as required by Section V.B above.

VIII. EDUCATIONAL CLIMATE A. The University will ensure that the educational environment of each enrolled student who reported sexual harassment, sexual assault, or retaliation is free of harassment and retaliation, and if not, will take steps to eliminate the hostile environment (e.g. by providing academic services, counseling, escort services, and changing housing 9

assignments and scheduling for classes, dining services, etc.). Each academic semester, the University shall document its efforts to contact such students and any steps it takes to address the student's environment, including the nature and duration of any such steps. B. The University will consult with the Equity Consultant to develop one or more annual

climate surveys for all students to: 1) assess students' attitudes and knowledge regarding various types of sex-based harassment, including (i) sexual harassment, (ii) sexual assault, and (iii) retaliation; 2) gather information regarding students' experience with sex discrimination while attending the University; 3) determine whether students know when and how to report such misconduct; 4) gauge students' comfort level with reporting such misconduct; 5) identify any barriers to reporting; 6) assess students' familiarity with the University's outreach, education, and prevention efforts to identify which strategies are effective; and 7) solicit student input on how the University can encourage repe>rting of sexual harassment, sexual assault, and retaliation, and better respond to such reports. 1. By the end of the 2012-13 academic year, the University will conduct student focus groups and other means of gathering student input regarding the topics in Section VIII.B that will be the subject of the annual climate surveys. The University will use the focus group data and other student input to inform its development of the surveys and the training required under this Agreement. 2. The annual climate surveys will be administered in the fall semesters of2013, 2014, and 2015 to all students, and will allow for respondents to answer the survey anonymously. 3. The University will analyze the results of the survey within sixty (60) calendar days of the date the surveys are administered for each year. The analysis will include recommendations for the climate issues identified through the surveys. 4. Based on a review of each climate survey's results and the recommendations of the Equity Consultant, the University will work together in good faith with the Equity Consultant to agree on appropriate and responsive actions to be taken by the University. C. By June 15, 2013, the University will develop a monitoring program to assess the effectiveness of its efforts to prevent and address sex-based harassment and retaliation and to promote a non-discriminatory school climate. At the conclusion of each school year, the University will conduct an annual assessment of the effectiveness of its antiharassment efforts and submit the assessment to the United States, as required by Section IX. Such assessment will include: 1. A review of student climate surveys (see Section VIII.B) to determine: where and when sex-based harassment occurs; deficits in students' knowledge of what sexbased harassment is, where to report it, and the results of reporting to different resources (e.g., the police, SARC, OPS, the Title IX .Coordinator, and a faculty member); barriers to reporting sex discrimination; and recommendations for how the University can better encourage reporting of and improve its response to complaints; 10

2. A review of all reports of sex discrimination and the University's responses to such reports, particularly with respect to: whether such reports were adequately, reliably, promptly, and impartially investigated and resolved; how many resulted in disciplinary action; the University's actions to remedy the effects of any sex-based harassment and retaliation that occurred (i.e., tracking interim and permanent measures); how many involved particular groups of students (e.g., first-year students, athletes, residents of Greek houses, and off-campus residents); whether any individuals engaged in repeat misconduct; and if so, the University's actions to prevent the repeated misconduct and remedy its effects; 3. Evaluation and analysis of the data collected, including an assessment of any changes in the number or severity of reported incidents of sexual harassment and sexual assault, particularly among subgroups of students (e.g., first-year students, athletes, residents of Greek houses, and off-campus residents); 4. Evaluation of a11 measures designed to prevent or address sex-based harassment; 5. Any recommendations elicited from community members, parents, or OPS and other law enforcement officials upon sharing information gathered for the annual assessment (as permitted by federal and state Jaw); and 6. Any other proposed recommendations for improvement of the University's antiharassment program and timelines for the implementation of the recommendations. D. By July 15, 2013, the University will update its program to provide regular mandatory training to all students to ensure that it covers the University's new policies and grievance procedures for Title IX complaints. The training also will: 1) make students aware of the University's prohibition against sexual harassment, sexual assault, and retaliation; 2) educate students on how to recognize such forms of sex discrimination when they occur; 3) inform students regarding how and to whom any incidents of sexual harassment, sexual assault, and retaliation should be reported; and 4) provide a general overview of Title IX and Title IV, the rights these laws confer on students, the resources available to students who have experienced sexual assault, sexual harassment, and retaliation, and the role and authority of the United States to enforce Title IX, and DOJ's authority to enforce Title N. 1. These sessions will emphasize: issues around consent in sexual interactions; the criminal, academic, housing, athletic, and student-record-related consequences related to committing sexual assault, sexual harassment, and retaliation; the role of alcohol and drug use in incidents of sex-based harassment, including how such use does not excuse the perpetrator's conduct and how such use relates to consent; clear examples of what types of actions may constitute sex discrimination in the University's programs or activities, including but not limited to different types of sex-based harassment, and what may provide the basis for a complaint pursuant to the University's grievance and other procedures; how bystanders can help; when off-campus misconduct is covered by the University's

policies and grievance procedures; and the potential consequences of lying during an investigation. 2. At a minimum, these sessions will be provided as part of the annual student orientation for new students (including visiting and International students), the class registration process for returning students, and annual residence life orientation for students residing in campus housing. The University also will provide additional mandatory training to all athletes and their coaches on the revised Student Athlete Conduct Cod~ and how it applies to sexual assault, sexual harassment, and retaliation. The University's Athletic Director will assist the designated trainer in providing this training. 3. During the course of this agreement, training will be provided online and inperson during each year of the agreement. Each student will be required to complete both online and in-person training at the earliest opportunity (e.g., new student orientation or class registration), and to renew such training every three years. The University will develop a system for recording the name or identifier of each student who participated in each training required by this Section and the date that each training was completed.

IX.

REPORTING PROVISIONS A. Title IX Policies and Procedures o The University will provide the United States all documents and information identified in provisions II.A- Fin accordance with the timelines set forth above.

B. Notice of Revised Policies and Procedures o

Within 45 calendar days after notice is provided to students and employees of the new grievance procedures, the University will provide the United States with documentation that it has implemented provision III of this Agreement, including copies of the written notices issued to students and employees regarding the new Title IX procedures; a description of how the notices were distributed; copies of its revised student and employee handbooks; and a link to its webpage where the revised Title IX procedures are located.

C. Title IX Coordinator/Notice of Nondiscrimination

o By July 15, 2013, the University will provide the United States with a draft of the notice to be published regarding th~ Title IX Coordinator and notice of nondiscrimination pursuant to Section IV above. o

Within 30 calendar days of the United States' approval of the draft publication pursuant to Section IV, the University will provide the United States with documentation that it has implemented Section IV, including copies of any printed publications, and web links to any electronic publications containing the notice. 12

D. Training and Professional Development o The University will provide the United States with the trammg materials and agendas to be used in the trainings conducted pursuant to Sections V.A by May 30, 2013, and Sections V.B and V.C by July 15,2013. The University wiH also provide information describing the expertise and experience with regard to Title IX of the person or persons conducting the training pursuant to Sections V.B and V.C of this Agreement. If the United States chooses to provide comments on the proposed training or trainers, it will do so within 45 days of receipt of the materials. o By December 31, 2013, May 31, 2014, May 31, 2015, and December 31, 2015, the University will provide the United States with the sign-in sheets of each employee by name and job title for each training required by Sections V.A, V.B, and V.C. of this Agreement, and a list of any University employee who failed to participate in such training by name and title.

E. Tracking of Sex-Based Harassment Complaints o By July 15, 2013, and thereafter by May 31, 2014, May 31,2015, and December 31, 2015, the University will provide the United States with documentation demonstrating implementation of Section VI above, including a summary of all sexual harassment, sexual assault, and retaliation allegations reported to the University's Title IX Coordinator during the preceding school year and information about the individual(s) who received and processed the initial complaints, the outcome of the Title IX investigations, as well as the outcome of any Student Conduct Code matters related to the allegations reported to the Title IX Coordinator. The University also will provide an electronic database or spreadsheet of all the data required by Section VI.B above.

F. Resource Guide Development o The University will provide the United States with the proposed resource guide in accordance with the timelines set forth in Section VII above. The United States will notify the University in writing if it has any objections to the guide.

G. Educational Climate Follow-up with Complainants o By December 31,2013, May 31,2014, December 31,2014, May 31,2015, and December 31, 2015, the University will provide the United States with a report documenting its follow-up efforts with complainants as required by Section VIII.A. Survey o By December 31,2013,2014,2015, the University will provide the United States with a report documenting that the annual climate survey has been conducted, and 13

including the cumulative results of the survey questions, summaries of comments provided in the survey, the University and/or Equity Consultant's analysis of the survey results, and proposed actions based on that analysis and the survey information. Student Training o

By December 31,2013, May 31,2014, May 31,2015, and December 31,2015, the University will provide the date and duration of each student training session required by this Agreement; copies of all agendas for such training sessions; copies of the training materials distributed at student trainings; electronic access to any training provided through other media; and a list of any students who have yet to participate in the online or in-person training required by Section VIII.D.

Monitoring Program o By July 15,2013, May 31,2014, and May 31,2015, the University will provide the United States with a copy of its annual assessment ofthe effectiveness of its antisex harassment efforts, including any proposed recommendations for improving the University's anti-harassment program. The United States will notify the University in writing if it has any objections to the assessment's proposed recommendations. If at any other time the University seeks to improve its anti-harassment program in ways that contradict a term of this Agreement, it will provide the United States with written notice of the proposed improvement(s) and need not wait until it submits its annual assessment. o

Within thirty (30) days of providing the Office on Violence Against Women (OVW) with reports regarding the University's OVW grant, the University will submit this report to the United States so that the United States has a full understanding of the steps the University is taking to address sex discrimination.

ENFORCEMENT A. The United States may enforce the terms of this Agreement, Title IX, Title IV, and all other applicable federal laws. B. If the University, despite its good faith efforts, anticipates that it will be unable to meet any timeline set forth in this Agreement, it will immediately notify the United States of the delay and the reason for it. The United States may provide a reasonable extension of the agreed timeline. C. If OCR or DOJ determines that the University has failed to comply with the terms of this Agreement or has failed to comply in a timely manner with any requirement of this Agreement, one or both agencies will so notify the University in writing and will attempt to resolve the issue(s) in good faith with the University. If OCR or DOJ is unable to reach a satisfactory resolution of the issue(s) within thirty (60) days ofproviding notice to

the University, OCR may initiate administrative compliance proceedings 3 and DOJ may initiate civil enforcement proceedings in federal court. D. The University understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms and obligations of this agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10) or judicial proceedings to enforce this agreement, OCR shall give the University written notice ofthe alleged breach and a minimum of sixty (60) calendar days to cure the alleged breach. E. The University understands that the United States will monitor this Agreement until it determines that the University has fulfilled the terms of this Agreement and is in compliance with Title IV, Title IX, and the implementing regulations at 28 C.F.R. Part 54 and 34 C.F.R. Part I 06, which were at issue in this case. F. The University further understands that the United States retains the right to evaluate the University's compliance with this Agreement, including the right to conduct site visits, observe trainings, interview University staff and students (including ex parte communications with students and employees other than University administrators), and request such additional reports or data as are necessary for the United States to determine whether the University has fulfilled the terms of this Agreement and is in compliance with federal law. G. By signing this Agreement, the University agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this Agreement. To ensure compliance with this Agreement, OCR and DOJ may require additional monitoring reports or the ability to inspect data or other information maintained by the University as determined necessary by OCR and DOJ.

XI.

MISCELLANEOUS A. This Agreement is for the purpose of resolving a disputed claim and is not, and will not be construed as, an admission of liability, fault, or wrongdoing of any kind by the University. B. This Agreement will remain in force for at least three (3) school years, and will not terminate until at least 60 days after the United States has received all reporting required by this Agreement through the first semester of the 2015-2016 school year.

C. This Agreement shall not bar any individual from pursuing a complaint under Title IX or Title IV against the University. D. This Agreement has binding effect on the parties, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, assigns, and legal representatives thereof.

OCR may initiate compliance proceedings under 34 C.F.R §§ 100.8-100.12 and 34 C.F.R Part 101.

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New Requirements Imposed by the Violence Against Women Reauthorization Act The Violence Against Women Reauthorization Act ("VA WA"), which President Obama signed into law on March 7, imposes new obligations on colleges and universities under its Campus Sexual Violence Act ("SaVE Act") provision, Section 304. Those obligations-which to some extent refine and clarifY, and to some extent change, existing legal requirements and government agency enforcement statements-likely will require revision of institutional policy and practice. Counsel should be consulted on this complex, sensitive area of institutional law compliance. Under VAWA, effective March 7, 2014, 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 in particular respects pertinent institutional personnel.

The interplay of VA WA and other pronouncements-notably the April 4, 2011 Dear Colleague Letter under Title IX issued by the Office for Civil Rights of the Department of Education ("ED") ("OCR Guidance Letter") and prevailing institutional policy-warrants legal risk management judgment by institutional counsel and compliance officers, and implicates a range of management steps. Here we identifY some key points.

I. New Reporting Requirements VA WA's SaVE Act provision imposes new reporting requirements: A. The Clery Act requires annual reporting of statistics for various criminal offenses, including forcible and non-forcible sex offenses and aggravated assault. VA WA'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. Parsed for clarity, these offenses are defined: I . "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 Jaw, or anyone else protected under domestic or family violence law.

This memorandum was prepared by the Washington, DC law firm Hogan Lovells US LLP (Aprill, 2013).

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2. "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. 3.

"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.

B. The provision adds "national origin" and "gender identity" to the hate crime categories, involving intentional selection of a victim based on actual or perceived characteristics, that must be reported under the Clery Act. C. The provision requires, with respect to the "timely reports" the Clery Act mandates for crimes considered a threat to other students and employees, that victims' names be withheld. D. The effective date of these requirements is one year after enactment ofVAWA; that is, March 7, 2014. Presumably in the coming year ED will issue guidance on the annual campus security report, by updating ED's Handbook for Campus Safety and Security Reporting (Feb. 2011).

II. New Student Discipline Requirements A. Current requirements in the Clery Act are that institutions inform students of procedures victims should follow, such as preservation of evidence and to whom offenses should be reported. VA WA adds that institutional policy must also include information on: I. Victims' option to, or not to, notifY and seek assistance from law enforcement and campus authorities. 2. Victims' rights and institutional responsibilities regarding judicial no-contact, restraining, and protective orders. B. VA WA prescribes standards for investigation and conduct of student discipline proceedings in domestic violence, dating violence, sexual assault, and stalking cases. I.

Institutional policy must include a "statement of the standard of evidence" used. Unlike some earlier drafts of the legislation, VA WA does not prescribe the evidentiary standard. The OCR Guidance Letter, at page 11, directs a standard of "preponderance of the evidence." That letter, although not positive law, authoritatively represents OCR enforcement policy. Whether OCR's position would withstand judicial review is an open question.

Institutional officials who conduct the proceeding must be trained on how to investigate and conduct hearings in a manner that "protects the safety of victims" and "promotes accountability."

3. Institutional policy must identifY "sanctions or protective measures" the institution may impose following a final determination of rape, acquaintance rape, domestic violence, dating violence, sexual assault or stalking. 4. "[T]he accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be

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accompanied to any related meeting or proceeding by an advisor oftheir choice .... " 5. Accuser and accused must be notified "simultaneously" and "in writing" of: the outcome of the proceeding; appeal procedures; any change to the result before it becomes fmal; and when the result becomes final. The OCR Guidance Letter, at page I 3, merely "recommends" that the parties be provided the determination "concurrently." 6.

Institutional policy must address how victims' confidentiality will be protected, including record-keeping that excludes personally-identifiable information on victims. OCR's Guidance Letter, at page 5, encourages institutions to be cognizant of victims' confidentiality, but does not mandate that institutional policy address it.

III. New Requirements to Educate Students and Employees on Sexual Violence Under VA WA, new students and new employees must be offered "primary prevention and awareness programs" that promote awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. The OCR Guidance Letter, at pages 15-16, "recommends" that institutions implement preventive education programs; VA WA is more prescriptive in its requirements. The training programs must include: A. A statement that the institution prohibits those offenses.

B. The definition of those offenses in the applicable jurisdiction. C. The definition of consent, with reference to sexual offenses, in the applicable jurisdiction . D. "Safe and positive" options for bystander intervention an individual may take to "prevent harm or intervene" in risky situations. E. Recognition of signs of abusive behavior and how to avoid potential attacks. F. Ongoing prevention and awareness campaigns for students and faculty on all of the above. Conclusion VAWA's ramifications include that institutions will need to review and modify policies and procedures for handling asserted sexual offenses, and train carefully personnel responsible in this area. This memo primarily addresses VA W A. Requirements under the OCR Guidance Letter, the Clery Act, Title IX, Title VII, State employment laws, local human rights ordinances, or the sundry apposite regulations and agency pronouncements are also relevant and should be reviewed. College and university counsel expert on those and on faculty, student, and staff rights under institutional handbooks, manuals, and other policies should be consulted. In light of acute sensitivities on campus in this sphere, and by parents of students involved in these situations, and the common prospect of related civil and criminal litigation as well as often extensive publicity, university leadership should give close reading and attention to VA WA and its requirements.

RAPE AND SEXUAL ASSAULT: A RENEWED CALL TO ACTION

The White House Council on Women and Girls

January 2014

Prestdent'Barack Obama slsns S. 47, the "VIolenÂŁe Against Women Reauthorization Act of 2013," (VAWA) 11"1 the Sidney R. Yates Auditorium at the u.s. Department of Interior In Washlnston, D.C., March 7, 2013. (Officii I White House Photo by Chuck Ke""edy)

It is up to all of us to ensure victims of sexual violence are not left to face these trials alone. Too often, survivors suffer in silence, fearing retribution, lack of support, or that the criminal justice system will fail to bring the perpetrator to justice. We must do more to raise awareness about the realities of sexual assault; confront and change insensitive attitudes wherever they persist; enhance training and education in the criminal justice system; and expand access to critical health, legal, and protection services for survivors. President Barack Obama, April 2012

Rape and Sexual Assault: A Renewed Call to Action

I Page ii

This report was prepared by the White House Coundl on Women

and Girls and the Office ~~the Vice President.

Rope and Sexual Assault: A Renewed Call to Action

I Page iii

Table of Contents

Executive Summary .................................................................................................1

Introduction .............................................................................................................. 7 An Overview of the Problem .................................................................................9 The Impacts of Rape and Sexual Assault ........................................................... 12 Campus Sexual Assault: A Particular Problem ................................................. 14 The Economic Costs ........................................................,............................................ 15

The Criminal Justice Response ............................................................................ 16 Taking Action to Break the Cycle of Violence ................................................... 19 Conclusion ...............................................................................................................33

Executive Summary This report analyzes the most recent, reliable data about rape and sexual assault in our country. It identifies those most at risk of being victims of these crimes, examines the cost of this violence (both to survivors and our communities), and describes the response, too often inadequate, of the criminal justice system. The report catalogues steps this Administration has taken to combat rape and sexual assault, and identifies areas for further action. An overview of the problem:

• • •

•

Women and girls are the vast majority of victims: nearly 1 in 5 women- or nearly 22 million - have been raped in their lifetimes. 1 Men and boys, however, are also at risk: 1 in 71 men- or almost 1.6 millionhave been raped during their lives. Women of all races are targeted, but some are more vulnerable than others: 33.5% of multiracial women have been raped, as have 27% of American Indian and Alaska Native women, compared to 15% of Hispanic, 22% of Black, and 19% of White women. Most victims know their assailants. The vast majority (nearly 98%) of perpetrators are male. Young people are especially at risk: nearly half of female survivors were raped before they were 18, and over one-quarter of male survivors were raped before they were 10. College students are particularly vulnerable: 1 in 5 women has been sexually assaulted while in college. Repeat victimization is common: over a third of women who were raped as minors were also raped as adults.

Other populations are also at higher risk of being raped or sexually assaulted, including people with disabilities, the LGBT community, prison inmates (ofboth genders), and the homeless. Undocumented immigrants face unique challenges, because their abusers often threaten to have them deported if they try to get help. 1

Black, M.C., Basile, K.C., Breiding, M.J., Smith, S.G., Walters, M.L., Merrick, M.T., Chen, J., & Stevens, M.R. (2011). The National Intimate Partner and Sexual Violence Survey {NISVS): 2010 Summary Report. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. In calculating the prevalence of rape, The Centers for Disease Control and Prevention (CDC) counts completed forced penetration, attempted forced penetration, or alcohol/drug facilitated completed penetration. Like other researchers, the CDC considers attempted forced penetration to fall within the definition of "rape" because that crime can be just as traumatizing for victims. As the CDC further explains, the most common form of rape victimization experienced by women was completed forced penetration: 12.3% of women in the United States were victims of completed forced penetration; 8% were victims of alcohol/drugfacilitated completed penetration, and 5.2% were victims of attempted forced penetration. These are lifetime estimates and a victim might have experienced multiple forms of these subtypes of rape in her lifetime.

Rape and Sexual Assault: A Renewed Call to Action

I Page 1

The Impacts of Rape and Sexual Assault. Rape and sexual assault survivors often suffer

from a wide range of physical and mental health problems that can follow them for life including depression, chronic pain, diabetes, anxiety, eating disorders, and post-traumatic stress disorder. They are also more likely than non-victims to attempt or consider suicide. The Economic Costs. Although hard to quantify, several studies have calculated the economic costs of a rape, accounting for medical and victim services, loss of productivity, decreased quality oflife, and law enforcement resources. Each used a slightly different methodology, but all found the costs to be significant: ranging from $87,000 to $240,776 per rape. Campus Sexual Assault: A Particular Problem. As noted, 1 in 5 women has been sexually assaulted while she's in college. The dynamics of college life appear to fuel the problem, as many victims are abused while they're drunk, under the influence of drugs, passed out, or otherwise incapacitated. Most college victims are assaulted by someone they know- and parties are often the site of these crimes. Notably, campus assailants are often serial offenders: one study found that of the men who admitted to committing rape or attempted rape, some 63% said they committed an average of six rapes each. College sexual assault survivors suffer from high levels of mental health problems (like depression and PTSD) and drug and alcohol abuse. Reporting rates are also particularly low. The Criminal Justice Response. Despite the prevalence of rape and sexual assault, many offenders are neither arrested nor prosecuted. A number of factors may contribute to low arrest rates- but police biases (e.g., believing that many victims falsely claim rape to get attention, or that only those who've been physically injured are telling the truth) persist, and may account for some officers' unwillingness to make an arrest. Also, the trauma that often accompanies a sexual assault can leave a victim's memory and verbal skills impaired- and without trauma-sensitive interviewing techniques, a women's initial account can sometimes seem fragmented.

Even when arrests are made, prosecutors are often reluctant to take on rape and sexual assault cases - and, in some jurisdictions, the backlog of untested rape kits can also be a factor in low prosecution rates. Rape kits -which collect forensic evidence of a rape or sexual assault, including the perpetrator's DNA- can be vital to successful prosecutions. Once tested, an offender's DNA can be matched with other offender samples in the FBI's national database, thus identifying assailants and linking crimes together. Unfortunately, however, many rape kits are still sitting on the shelves, either ignored or waiting to be tested.

Rape and Sexual Assault: A Renewed Call to Action

I Page 2

Breaking the Cycle of Violence

Responding to the President's 2010 call to action, the Administration is aggressively working to combat rape and sexual assault on many fronts. For example: •

Last year, the President signed the third reauthorization of the Violence Against Women Act- the backbone of our nation's response to violence against women, authored and pioneered by then-Senator Joe Biden- which commits unprecedented resources to breaking the cycle of sexual violence. Among other measures, VA WA 2013: o

Includes set-aside funding for multidisciplinary sexual assault teams; these are specially trained units of detectives, prosecutors, healthcare providers and victim advocates, all working together to support sexual assault survivors and increase the odds of successful prosecutions. These teams have a proven track record of winning convictions and helping survivors get back on their feet.

Provides new funding for sexual assault nurse examiners (SANEs), who are specially trained to provide respectful and supportive care while collecting forensic evidence after a rape or sexual assault. Here, too, research shows that the work of these nurses both improves victim care and increases rates of successful prosecutions.

Funds specialized training for law enforcement officers and prosecutors - so they can learn how to conduct trauma-informed interviews and investigations, and more effectively bring offenders to justice.

Includes new protections for LGBT, immigrant, and Native American victims, as well as for those who live in low-income or subsidized housing.

The Administration has also: •

Undertaken a major effort to make our colleges and universities safer- by issuing guidance to help schools understand their obligations to prevent and respond to campus sexual assault, and by stepping up federal compliance and enforcement actions.

•

Adopted a series of Executive Actions to address sexual assault in the militaryincluding measures to improve command accountability, expand victims' rights within the military justice system, increase training across the ranks, and provide new support for victims. Notably, Secretary Hagel directed each service to provide all victims of sexual assault with legal counsel, who will be at a victim's side at every step of the process.

Rape and Sexual Assault: A Renewed Call to Action I Page 3

•

Successfully called on Congress to double funding for VA WA's Sexual Assault Services Program (SASP), the first funding stream to focus specifically on rape and sexual assault. SASP provides for a wide array of services, such as crisis intervention, counseling, rape crisis centers, medical and social services, 24-hour sexual assault hotlines, and medical and legal advocacy.

•

Launched the 1 is 2 Many Campaign to focus on teen and young-adult sexual violence. Among a number of other initiatives, the Campaign inspired creation of the "Circle of 6" app- which puts a group of friends instantly in touch with each other, so someone in trouble can send a "come and get me" message, complete with a GPS location map. The Campaign also developed best-practices resources on teen dating violence for schools, and convened a series of forums to enlist men in the effort to end violence against women.

•

Secured funding for the National Dating Abuse Helpline to expand to digital services, which lets teens and young adults reach out for help in a way that they are most comfortable- via text messaging and online "chats."

•

Modernized the definition of "rape" for nationwide data collection, ensuring a more accurate account of the crime.

•

Developed a national, best-practices protocol for conducting sexual assault forensic examinations.

•

Developed a five-year strategic plan to address the tragedy of human trafficking, especially as it impacts runaway, homeless and LGBT youth.

•

Funded projects to reduce the rape kit backlog, with some impressive results.

•

Directed all federal agencies to develop polices to address domestic violence, sexual assault and stalking in the federal workforce.

•

Implemented a series of major initiatives to protect American Indian and Alaska Native Women, including more resources for tribal law enforcement, court systems, and victim services; new penalties for spouse and intimate-partner violence; and expanded jurisdiction to allow both federal and tribal authorities to hold domestic abusers, whether Indian or non-Indian, accountable.

•

Developed a 56-point action agenda for federal agencies to address the link between violence against women and HIV/AIDS.

•

Promulgated new guidelines requiring prisons and other detention facilities to prevent, detect, and respond to sexual assault.

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A Renewed Call for Action

The Administration is committed to redoubling the work it is already doing. At the same time, it is also exploring new frontiers. Continuing to Focus on Campus Sexual Assault. To make our campuses safer, change

still needs to come from many quarters: schools must adopt better policies and practices to prevent these crimes and to more effectively respond when they happen. And federal agencies must ensure that schools are living up to their obligations. To accomplish these and other goals, the President today is establishing a White House Task Force to Protect Students from Sexual Assault. The Task Force will: • • • • •

Provide educational institutions with best practices for preventing and responding to rape and sexual assault. Build on the federal government's enforcement efforts to ensure that educational institutions comply fully with their legal obligations. Improve transparency ofthe government's enforcement activities. Increase the public's awareness of an institution's track record in addressing rape and sexual assault. Enhance coordination among federal agencies to hold schools accountable if they do not confront sexual violence on their campuses.

Increasing Arrest, Prosecution and Conviction Rates. Across all demographics, rapists

and sex offenders are too often not made to pay for their crimes, and remain free to assault again. Arrest rates are low and meritorious cases are still being dropped - many times because law enforcement officers and prosecutors are not fully trained on the nature of these crimes or how best to investigate and prosecute them. Many new and promising interviewing, investigative and prosecution protocols are being developed, with cutting-edge science about victim trauma informing the enterprise. We need to further develop these best practices and help get them out to the field. We can also help local jurisdictions move rape kits offthe shelves and into crime labs for testing -so more rapists can be identified through DNA and brought to justice. Committing Vital Resources. This Administration has made an unparalleled

commitment to getting victims and survivors the many services they need - from crisis intervention, counseling, legal advocacy, medical help, social services, and job and housing assistance- and with a special eye on particularly vulnerable populations. We cannot retreat, but must recommit to getting these vital resources to those who need them. Changing the Culture. Sexual assault is pervasive because our culture still allows it to persist. According to the experts, violence prevention can't just focus on the perpetrators and the survivors. It has to involve everyone. And in order to put an end to this violence,

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we as a nation must see it for what it is: a crime. Not a misunderstanding, not a private matter, not anyone's right or any woman's fault. And bystanders must be taught and emboldened to step in to stop it. We can only stem the tide of violence if we all do our part.

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Introduction The numbers alone are stunning: nearly 1 in 5 women - or almost 22 million - have been raped in their lifetimes. And the numbers don't begin to tell the whole story. They don't tell of the physical, emotional and psychological scars that a victim can carry for life. They don't speak to the betrayal and broken trust when the attacker is a friend, a trusted colleague, or a family member. And they don't give voice to the courage of survivors who work every day to put their lives back together. Twenty years ago, then-Senator Joe Biden authored the Violence Against Women Act (VA WA) to bring the problem of domestic violence and sexual assault out from the shadows and into the national spotlight. In the intervening decades, help has come: rape crisis centers have been built; hotlines are up and running; dedicated activists, advocates and service providers have more resources; states have passed tough new laws; and more abusers and sex offenders have been put behind bars. In 2010, President Obama called upon all federal agencies to make domestic and sexual violence a priority. And in March 7, 2013, he signed the third reauthorization ofVAWA, which provides states, tribes, and local communities with unprecedented resources to combat sexual assault. This and other federal programs put federal dollars where they are most needed and effective: for crisis intervention, counseling, criminal justice advocacy, forensic evidence-gathering, medical and social services, law enforcement training and prosecutorial resources. In 2012, President Obama directed federal agencies to develop policies to address domestic violence, sexual assault, and stalking in the federal workplace. Federal agencies have heeded the President's call to action in many innovative and wideranging ways. Among other initiatives, the Administration has issued new guidance to help schools, colleges and universities better understand their obligations to prevent and respond to sexual assault on their campuses; promulgated a series of executive actions to better protect our service members from military sexual assault; developed a national, best-practices protocol for conducting sexual assault forensic examinations; modernized the definition of "rape" for nationwide data collection, ensuring a more accurate accounting of the crime; launched new technologically-advanced ways for young women to get help; and enlisted men and boys to take an active stand against sexual violence. And today, the President is establishing a White House Task Force to Protect Students from Sexual Assault - which will go even further to make our schools safer for all students. More of the Administration's efforts are catalogued in this report- and they are making a real difference.

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But despite all the progress, too many of our friends, wives, sisters, daughters and sons are still raped or sexually assaulted every day. A new generation of anti-rape activists, both women and men, are having a national conversation about rape and sexual assault - and about attitudes toward victims and the role of the criminal justice system in holding offenders accountable. This report aims to be part of that conversation. It provides an overview of the scope of the problem, identifies those most at risk, describes the costs of this violence (both to survivors and society as a whole), and takes a look at the response ofthe criminal justice system. The report discusses steps this Administration has taken to address rape and sexual assault, and identifies challenging new fronts on which we should set our sights?

The terms "survivor" and "victim" are both used to describe individuals who have been raped or sexually assaulted. Many of these individuals and the advocates who work with them have come to prefer "survivor," as they regard the term as more empowering. The term "victim," however, is still in widespread use in research studies and in the criminal justice context. In this report, the terms are used interchangeably and always with respect for those who have suffered from these crimes.

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An Overview of the Problem Anyone can be a victim of rape or sexual assault. But some are more at risk than others:

•

Women and girls are the vast majority of victims: as noted, nearly I in 5 women has been raped in her lifetime. 3 Men and boys, however, are also at risk: I in 71 men- or almost 1.6 millionhave been raped during their lives. 4

•

Women of all races are targeted, but some are more vulnerable than others: 33.5% of multiracial women have been raped, as have 27% of American Indian and Alaska Native women, compared to 15% ofHispanic, 22% ofBlack, and 19% of White women. 5

•

Most victims know their perpetrators: 51% of female victims were raped by a current or former intimate partner, and 41% were raped by an acquaintance. Stranger rape, in contrast, accounts for 14% ofthe total. 6 Of men and boys, 52% report being raped by an acquaintance and 15% by a stranger. 7

•

Repeat victimization is common: over a third of women who were raped as minors were also raped as adults. 8

•

The majority of perpetrators are male: 98% of female and 93% of male rape survivors report that their assailants were male. 9

•

Young people are especially at risk: nearly half of female survivors were raped before they were 18, and over one-quarter of male survivors were raped before they were 10. 10

'Black, M.C., Basile, K.C., Breiding, M.J., Smith, S.G., Walters, M.L., Merrick, M.T., Chen, J., & Stevens, M.R. (2011). The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Summary Report. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. [Hereafter cited as NISVS (2010)] In calculating the prevalence of rape, The Centers for Disease Control and Prevention (CDC) counts completed forced penetration, attempted forced penetration, or alcohol/drug facilitated completed penetration. Like other researchers, the CDC considers attempted forced penetration to fall within the definition of "rape" because that crime can be just as traumatizing for victims. As the CDC further explains, the most common form of rape victimization experienced by women was completed forced penetration: 12.3% of women in the United States were victims of completed forced penetration; 8% were victims of alcohol/drug-facilitated completed penetration, and 5.2% were victims of attempted forced penetration. These are lifetime estimates and a victim might have experienced multiple forms of these subtypes of rape in her lifetime. 4 NISVS (2010) 5 NISVS (2010); Asian or Pacific Islander (API) women are also assaulted. However, the NISVS does not report the prevalence of sexual violence for API women due to a high standard error or low number of responses. 6 Some women are raped by multiple perpetrators in different relationships. Because a woman may be raped both by an intimate partner and a stranger, the overall percentages do not sum to 100. 7 NISVS (2010) 8 NISVS (2010) 9 NISVS (2010) 10 NISVS (2010)

Rape and Sexual Assault: A Renewed Call to Action I Page 9

A Closer Look at the Demographics

Age at first rape (females)

Teens and young adults. The majority of

Over45

rape and sexual assault victims are young -between the ages of 16 and 24. The Centers for Disease Control and Prevention (CDC) reports that 80% of female victims were raped before they turned 25, and almost half were raped before they were 18. 11 Among men, 28% were raped before they were 10. 12 Some 12% of high school girls report having been forced to have sexual intercourse. 13 And up to 38% of runaway teens say that sexual abuse is one of the reasons they left home. 14

18to 24 38%

College students are especially at risk: 1 in 5 women has been sexually assaulted while in college. 15 People with disabilities. People with physical or mental disabilities may also be at

increased risk. A study found that in the mid-1990s, women with severe disabilities were four times more likely to be sexually assaulted than women with no disability. 16 A more recent study made similar findings, reporting that individuals with a disability were three times more likely to be raped or sexually assaulted than individuals without a disability. 17 LGBT community. People who identifY as lesbian, gay, bisexual, or transgender (LGBT) are also uniquely vulnerable. One study found that 13.2% of bisexual men and 11.6% of gay men were raped in adulthood, compared to 1.6% of heterosexual men. 18 According to the CDC, 46% of bisexual women have been raped, compared to 13% of lesbians and

NISVS {2010) NISVS {2010); "Age at first rape {females)" chart is derived from NISVS {2010). A comparable breakdown for males is not available because NIVIS {2010) does not report any age categories for males, other than "under 10." 13 Youth Risk Behavior Surveillance. {2011). Centers for Disease Control and Prevention. U.S. Department of Health and Human Services. 14 Greene, J., & Sanchez, R. {2002) . Sexual Abuse Among Homeless Adolescents: Prevalence, Correlates and Sequelea. The Administration on Children, Youth and Families. 15 Krebs, C. P., lindquist, C. H., Warner, T. D., Fisher, B.S., & Martin, S. L. {2007). The Campus Sexual Assault (CSA) Study {221153) . Washington, DC: National Institute of Justice, U.S. Department of Justice. [Hereafter cited as CSA (2007)].; Krebs, C. P., lindquist, C. H., Warner, T. D., Fisher, B.S., & Martin, S. l (2009) College Women's Experiences with Physically Forced, Alcohol- or Other DrugEnabled, and Drug-Facilitated Sexual Assault Before and Since Entering College. Journal of American College Health, 57(6), 639-647. 16 Casteel, C., Martin, S. L, Smith, J. B., Gurka, K. K., & Kupper, L L {2008) . National study of physical and sexual assault among women with disabilities. Injury Prevention, 14(2), 87-90. 17 Harrell, E. {2012). Crime Against Persons with Disabilities, 2009-2011- Statistical Tables. Bureau of Justice Statistics, U.S. Department of Justice. 18 Balsam, K. F., Beauchaine, T. P., & Roth blum, E. D. {2005). Victimization over the life span : A comparison of lesbian, gay, bisexual, and heterosexual siblings. Journal of Consulting and Clinical Psychology, 73{3), 477-487. [Hereafter cited as Balsam {2005)J 11

17% of heterosexual women. 19 Another study found that more than 25% oftransgender individuals had been sexually assaulted after the age of 13. 20 Incarcerated individuals. Sexual assault is a problem in our nation's prisons. Among

former state prisoners, 14% of females and 4% of males were sexually assaulted by another prisoner. Incarcerated gay and bisexual men are at particular risk: 34% of bisexual males and 39% of gay males report being sexually assaulted by another prisoner, compared to 3.5% of heterosexual males. 21 Undocumented immigrants. While numbers are difficult to estimate, undocumented immigrants face unique difficulties. Abusers often threaten to have their victims deported if they try to seek help, making immigrant survivors less likely to report these crimes. 22 Immigrant survivors may also be unaware or confused by the services that are available, Barticularly if service providers lack linguistically or culturally appropriate resources. 3 People who are homeless. There's a correlation between homelessness and sexual violence. One study found that 13% of homeless women had been raped in the previous year, and half of these' women were raped at least twice. 24 This compares to 1% of women nationally who reported being raped in the previous year. 25 Additionally, up to 43% of homeless women were abused as children. 26

Walters, M.l., Chen, J., & Breiding, M .J. (2013). The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Findings on Victimization by Sexual Orientation. National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. 20 Testa, R. J., Sciacca, l. M., Wang, F., Hendricks, M. L, Goldblum, P., Bradford, J., & Bongar, B. (2012). Effects of Violence on Transgender People. Professional Psychology: Research and Practice, 43(5), 452-459. 21 Beck, A.J. & Johnson, C. (2012). Sexual Victimization Reported by Former State Prisoners, 2008. Bureau of Justice Statistics, U.S. Department of Justice. Retrieved from http://www.prearesourcecenter.org/sites/default/files/library/sexualvictimizationreportedbyformerstateprisoners2008.pdf. 22 Orloff, l.E. & Dave, N. (1997) Identifying Barriers: Survey of Immigrant Women and Domestic Violence in the D.C. Metropolitan Area. Poverty and Race. 6(4) 9-10 23 Mindlin, J., Orloff, J.E., Pochiraju, S., Baran, A., & Echavarria, E. (2013).Dynamics of sexual assault and the implications for immigrant women. National Immigrant Women's Advocacy Project. Retrieved from: http://niwaplibrary.wcl.american.edu/culturalcompetency/dynamics-of-violence-against-immigrant-women. 24 Wenzel, S.l., Leake, B.D., Gel berg, L (2000). Health of homeless women with recent experiences of rape. Journal of General Internal Medicine, 15(4).265-269. 25 NISVS (2010) 26 The National Center on Family Homelessness (2007). Violence in the lives of homeless women. Retrieved from: http : //www. councilofco ll a bo r allve.~ . orn/f lles/fact

vlolenc:l.'.pdf.

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The Impacts of Rape and Sexual Assault Rape and sexual assault can take a profound toll on survivors, who often suffer from a wide range of physical and mental health problems that can be long-lasting. Physical Health

According to the National Crime Victimization Survey, between 2005-2010, 58% of all female victims of sexual assault sustained an injury. 27 Women who are raped or stalked by any perpetrator or physically assaulted by an intimate partner are more likely to have asthma, irritable bowel syndrome, and diabetes, and are also more likely to suffer from chronic pain, frequent headaches, and difficulty sleeping than non-victims. 28 A study of women in North Carolina indicated that survivors of sexual assault were more likely to smoke, to have high cholesterol and hypertension, and to be obese. 29 African American women ages 18-24 who are sexually assaulted are nearly five times more likely to test positive for a high-risk HPV infection. Also, survivors of intimate partner rape or sexual assault are more likely than non-victims to contract sexually-transmitted infections, and are also more likel~ to report HIV risk factors, such as unprotected sex, injection drug use and alcohol abuse. 0 Mental Health

Survivors also suffer from a wide range of mental health problems, including depression, anxiety, and post-traumatic stress disorder (PTSD). 31 One study found that over half of survivors who were forcibly raped while under the influence of alcohol or drugs developed lifetime PTSD. These victims were also almost five times more likely to have lifetime major depressive episodes than non-victims. 32 27

Planty, M., Berzofsky, M., Krebs, C., Langton, L., & Smiley-McDonald, H. (2013). Female victims of sexual violence, 1994-2010. Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics. [Hereafter cited as Planty (2013)] 28 NISVS (2010) 29 Cloutier, S., Martin, S. L., & Poole, C. (2002). Sexual assault among North Carolina women: prevalence and health risk factors. Journal of Epidemiology and Community Health, 56(4), 265-271. 30 Wingood, G. M., Seth, P., DiClemente, R. J., & Robinson, L. S. (2009). Association of sexual abuse with incident high-risk human papilloma- virus infection among young African-American women. Sexually Transmitted Disease, 36(12), 784-786.; Bauer, H. M., Gibson, P., Hernandez, M., Kent, C., Klausner, K., & Bolan, G. {2002). Intimate partner violence and high-risk sexual behaviors among female patients with sexually transmitted diseases. Sexually Transmitted Diseases, 29(7), 411-416.; Centers for Disease Control and Prevention. {2008) Adverse Health Conditions and Health Risk Behaviors Associated with Intimate Partner Violence--- United States, 2005. MMWR. 57(5): 113-7. Retrieved from: http://www .cdc.sgy/mmwr/prevlt:w/mmwrhtml!mmS705al.h\m: Lang, D.L., et al. {2011) Rape victimization and high risk sexual behaviors: longitudinal study of African-American adolescent females. Western Journal of Emergency Medicine. 12(3), 333-342. 31 Many people with PTSD have flashbacks, repeatedly reliving the traumatic event in their thoughts or sleep. People with PTSD also may startle easily, lose interest in things they used to enjoy, or become more aggressive. National Council on Disability (n.d.). Section 3: Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI}. Retrieved from hup://www.ocd .goy/publlcatiDns/f009/March042009/sectlon3; National Institute of Mental Health [n.d.). Anxiety Disorders. Retrieved from bt l p://htt p;//www .nimh.nlh.eov/hP.a ltb/pub llcat!on~/an xlety路 cl l5orders/l nd!' x. s html 32 Zinzow, H., Resnick, H., Amstadter, A., McCauley, M., Ruggiero, K., & Kilpatrick, D. [2012). Prevalence and risk of psychiatric disorders as a function of variant rape histories: Results from a national survey of women. Social Psychiatry and Psychiatric Epidemiology, 47(6), 893-902. [Hereafter cited as Zinzow [2012)]

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Survivors of sexual assault are also more likely than non-victims to engage in risky behavior- such as substance and alcohol abuse, smoking, and high-risk HIV behavior. 33 Experts believe these are a means of coping with the trauma, or that victims are otherwise self-medicating. One study found that when controlling for previous substance abuse history, sexual assault survivors were more likely to abuse alcohol than women who were not assaulted. 34 Another study found that female veterans who experienced sexual trauma in the military were twice as likely to report substance abuse, PTSD, and anxiety than female veterans who were not assaulted. 35 Sexual assault survivors are also more prone to developing eating disorders: one survey of undergraduates found that victims were seven times more likely to vomit or use laxatives to lose weight than non-victims. 36 Survivors of rape and sexual assault are also more likely to attempt or consider suicide. Research has found that men who were sexually abused in childhood are twice as likely as non-victims to attempt suicide. 37 One study found that high school students who were raped were more likely to report suicidal ideation in the past 12 months than their nonvictimized counterparts. 38 Another study reporled that almost half of female veterans who were sexually assaulted in the military r port suicide ideation. 39 Today, victims may be further traumatized by social media- through which the details of an assault can "go viral." While this is an unresearched issue, a number of high profile sexual assault cases have drawn attention to this relatively new and disturbing dynamic.

Cloutier, S., Martin, S. L., & Poole, C. (2002). Sexual assault among North Carolina women: prevalence and health risk factors. Journal of Epidemiology ond Community Health, 56(4), 265-271.; Centers for Disease Control and Prevention. Adverse Health Conditions and Health Risk Behaviors Associated with Intimate Partner Violence--- United States, 200S. MMWR. 2008; 57(5): 113-7. Available at http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5705a1.htm; lang, D.L., et al. Rape victimization and high risk sexual behaviors: longitudinal study of African-American adolescent females. Western Journal of Emergency Medicine. 2011; 12(3).; Kilpatrick, D.G., Acierno, R., Resnick, H., Sounders, B.E., Best, C.L. (1997). A 2-Year longitudinal Analysis of the Relationships Between Violent Assault and Substance Use in Women. Journal of Consulting and Clinical Psychology, 65(5), 834-847. 34 Kilpatrick, D.G., Acierno, R., Resnick, H., Sounders, B. E., Best, C.L. (1997). A 2-Year longitudinal Analysis of the Relationships Between Violent Assault and Substance Use in Women. Journal of Consulting and Clinical Psychology, 65(5). 834-847. 35 Kimerling, R., Street, A., Pavao, J., Smith, M., Cronkite, R. C., Holmes, T. H., & Frayne, S. (2010). Military-related sexual trauma among veterans health administration patients returning from Afghanistan and Iraq. American Journal of Public Health, 100(8), 1409-1412. 36 Fischer, S., Stojek, M., & Hartzell, E. (2010). Effects of multiple forms of childhood abuse and adult sexual assault on current eating disorder symptoms. Eating Behaviors, 11(3), 190-192.; Gidycz, C. A., Orchowski, L. M., King, C. R., & Rich, C. L. (2008). Sexual Victimization and Health-Risk Behaviors. A Prospective Analysis of College Women. Journal of Interpersonal Violence, 23(6). 744-763. 37 Dube, Shanta R. (2005). long-Term Consequences of Childhood Sexual Abuse by Gender of Victim. American Journal of Preventive Medicine, 28(5), 430- 438-438. 38 Basile, Lynberg, Simon, Arias, Brener, & Saltzman (2006). The Association between self reported lifetime history of forced sexual intercourse and recent health risk behaviors: Findings from the 2003 National Youth Risk Behavior Survey. Journal of Adolescent Health, 39(5), 752.e1-752.e7 (available on-line only). 39 Suris, A., Link-Malcolm, J., & North, C. S. (2011). Predictors of suicidal ideation in veterans with PTSD related to military sexual trauma. Journal of Traumatic Stress, 24(5), 605-608.

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Campus Sexual Assault: A Particular Problem Sexual assault is a particular problem on college campuses: 1 in 5 women has been sexually assaulted while in college. 40 The dynamics of college life appear to fuel the problem, as many survivors are victims of what's called "incapacitated assault": they are sexually abused while drunk, under the influence of drugs passed out, or otherwise incapacitated. 41 Perpetrators often prey on incapacitated women and sometimes surreptitiously provide their victims with drugs or alcohol. 42 Perpetrators who drink prior to an assault are more likely to believe that alcohol increases their sex drive- and are also more likely to think that a woman's drinking itself signals that she's interested in sex. 43 Most college victims are assaulted by someone they know, especially in incapacitated assaults. 44 And parties are often the site of the crime: a 2007 study found that 58% of incapacitated rapes and 28% of forced rapes took place at a party. 45 Notably, campus perpetrators are often serial offenders. One study found that 7% of college men admitted to committing rape or attempted rape, and 63% of these men admitted to committing multiple offenses, averaging six-rapes each. 46 College survivors suffer high rates of PTSD, depression, and drug or alcohol abuse, which can hamper their ability to succeed in school. 47 Depression and anxiety are linked to higher college dropout rates, as is substance abuse. 48 Reporting rates for campus sexual assault are also ve7s low: on average only 12% of student victims report the assault to law enforcement. 9

The Campus Sexual Assault (CSA) Study (2007); The Campus Sexual Assault Study was conducted by RTIInternational and funded by the National Institute of Justice. Data were collected using a web-based survey from undergraduate students (5,466 women and 1,375 men) at two large, public universities.; Krebs, C. P., lindquist, C. H., Warner, T. D., Fisher, B. S., & Martin, S. l {2009) College Women's Experiences with Physically Forced, Alcohol- or Other Drug-Enabled, and Drug-Facilitated Sexual Assault Before and Since Entering College. Journal of American College Health, 57(6), 639-647. 41 Kilpatrick, D. G., Resnick, H. S., Ruggiero, K. J., Conoscenti, l. M ., & McCauley, J. {2007). Drug facilitated, incapacitated, and forcible rape: A national study (NCJ 219181). Charleston, SC: Medical University of South Carolina, National Crime Victims Research & Treatment Center.[Hereafter cited as Kilpatrick (2007)] 42 1bid. 43 Zawacki, T., Abbey, A. , Buck, P. 0., McAuslan, P., & Clinton -Sherrod, A. M . (2003). Perpetrators of alcohol-involved sexual assaults: How do they differ from other sexual assault perpetrators and non perpetrators? Aggressive Behavior, 29(4), 366-380. 44 The Campus Sexual Assault (CSA) Study (2007) 45 The Campus Sexual Assault (CSA) Study (2007). 46 lisak, D., & Miller, P.M. {2002). Repeat Rape and Multiple Offending Among Undetected Rapists . Violence and Victims, 17(1), 7384. [Hereafter cited as Lisak {2002)] 47 Kilpatrick {2007) 48 Eisenberg, D., Golberstein, E., & Hunt, J. B. (2009). Mental Health and Academic Success in College . 8 E Journal of Economic Analysis & Policy, 9(1), 1-35.; Arria, A. M ., Garnier-Dykstra, l. M ., Caldeira, K. M ., Vincent, K. B., Winick, E. R., & O'Grady, K. E. (2013). Drug use patterns and continuous enrollment in college: results from a longitudinal study. Journal of Studies on Alcohol and Drugs,

74(1). 71-83, Kilpatrick {2007)

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The Economic Costs Although the economic costs of rape and sexual assault are hard to quantify and the data is limited, the existing research indicates that the costs are great. Various research studies have examined the quantifiable cost per rape, accounting for such costs as medical and victim services, loss of productivity, and law enforcement resources. Researchers also generally agree that intangible costs, such as decreased quality of life, though difficult to monetize, are also a necessary part of the cost calculus for sexual assault. (Many researches, in fact, believe the intangible costs are especially high in cases of sexual assault, due to the serious physical and mental health consequences for survivors.) Each of the studies we examined used a somewhat different methodology, but all found the costs to be significant- ranging from $87,000 to $240,776 per rape. 5째 In another study, the National Crime Victimization Survey found that between 20052010, 58% of female sexual assault victims were injured, 35% of whom received medical treatment. 5 1 For women who are raped by an intimate partner, about 36.2% are physically injured and, of those, 31% receive some type of medical care. 52 The injuries for intimate-partner rapes range from scratches, bruises, or welts to lacerations, broken bones, dislocated joints, head or spinal cord injuries, chipped or broken teeth, or internal injuries. 53 Nearly 80% ofthose who receive medical care are treated in a hospital, and 43.6% of those victims spend one or more nights there. 54 A 2003 CDC report on the costs of intimate partner violence found that the average medical cost for victims who received treatment was $2,084 per victimization. In half of these cases, private or group health insurers were the primary source of payment; survivors bore most of the financial burden one-fourth of the time. 55 Many survivors incur at least some out-of-pocket costs for their medical care. Also among intimate-partner rape survivors, more than one-fifth lose time from paid work, with an average loss of 8.1 days. Additionally, over one-eighth report losing time from household chores, with an average of 13.5 days lost. Nationally, rape survivors lose an estimated 1.1 million days of activity each year. 56 50

Miller, T.R., Cohen, M.A., & Wiersema, B. (1996). Victim costs and consequences: A new /oak . National Institute of Justice. (2010). Murder by numbers: Monetary costs imposed by a sample of homicide offenders. The Journal of Forensic Psychiatry & Psychology, 21, 501-513.; Cohen, M. A., and Piquero, A.R. (2009) "New Evidence on the Monetary Value of Saving a High Risk Youth," Journal of Quantitative Criminology, 25(1), 25--49. French, Michael T., Kathryn E. McCollister, and David Reznik (2010) The Cost of Crime to Society: New Crime-Specific Estimates for Policy and Program Evaluation. Drug Alcohol Dependence, 108(1-2), 98-109. 51 Planty (2013) 52 NCIPC (2003). Costs of Intimate Partner Violence Against Women in the United States. Department of Health and Human Services, Centers for Disease Control and Prevention, March 2003. [hereafter referred to as NCIPC (2013)]. 53 NCIPC {2003) 54 NCIPC (2003) "NCIPC (2003) 56 NCIPC (2003) hqp s : //www , nclr s. go~/pdtflle 5/vjctcost.pdf; Delisi, M.

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The Criminal Justice Response According to the NationaLCrime Victimization Survey, between 2005-2010, only 36% of rapes or sexual assaults were reported to the police.57 Male survivors report their assault at even lower rates than women. 5s But even when sexual assaults are reported, many assailants are not arrested and many cases are not prosecuted. Arrests Arrest rates for sexual assault cases are low. According to the National Crime Victimization Survey, approximately 12% of the 283 ,200 annual rape or sexual assault victimizations between 2005-2010 resulted in an arrest at the scene or during a follow-up investigation. 59 Many factors may contribute to low arrest rates, and these cases can be challenging to investigate. However, research shows that some police officers still believe certain rape myths (e.g., that many women falsely claim rape to get attention), which may help account for the low rates. 60 Similarly, if victims do not behave the way some police officers expect (e.g., crying) an officer may believe she is making a false report 61 - when, in reality, only 2-10% of reported rapes are false. 62 Sexual assault cases can also be difficult to investigate because of the effects of the trauma itself. Victims of rape and sexual assault sometimes have difficulty recalling the event, and scientific research has found that the trauma after a crime like rape can damage the parts of the brain that control memory. 63 As a result, a victim may have impaired verbal skills, short term memory loss, memory fragmentation, and delayed recall. 64

Planty (2013) Hart TC, Rennison CM. (2003). Reporting crime to the police: 1992-2000. Washington DC: U.S. Bureau of Justice Statistics, U.S. Department of Justice. 59 Planty (2013); The National Crime Victimization Survey is an annual survey of 90,000 households, comprising nearly 160,000 people. Respondents are asked about the frequency, characteristics, and consequences of criminal victimizations. For more information, visit www.b!s.gov. 60 Page, A. D. {2008). Judging Women and Defining Crime: Police Officers' Attitudes Toward Women and Rape. Sociological Spectrum, 28(4), 389-411. 61 Bollingmo, Guri C. (2008). Credibility of the emotional witness: A study of ratings by police investigators. Psychology, Crime & Law, 14{1), 29-40. 62 Lisak, D., Gardinier, L., Nicksa, S. C., & Cote, A. M. (2010). False allegation of sexual assault: An analysis of ten years of reported cases. Violence Against Women, 16(12), 1318-1334. 63 Bremner, J.D., Elzinga, B., Schmahl, C., & Vermetten, E. (2008). Structural and functional plasticity of the human brain in posttraumatic stress disorder. Progress in Brain Research . 167(1), 171-186. 64 Nixon, R. D., Nishith, P., & Resick, P. A. (2004). The Accumulative Effect ofTrauma Exposure on Short-Term and Delayed Verbal Memory in a Treatment-Seeking Sample of Female Rape Victims. Journal of Traumatic Stress, 17(1), 31-35. 58

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Trauma-related memory loss can also mean cases get dropped: preliminary evidence suggests that victims who viewed themselves as giving incoherent accounts to law enforcement were less likely to proceed with their cases. 65 Whatever the reasons, many victims have lost faith in the system, and believe they were ill-treated by those who should be on their side. Some victims report that law enforcement officers actively discouraged them from reporting, asked questions about 66 their sexual history and dress, and overemphasized prosecution for false reports. Survivors who encounter victim-blaming responses from officials have significantly higher levels of post-traumatic stress than those who do not. 67

Prosecutions While national prosecution data is not available, some research suggests that prosecution rates remain low in many jurisdictions. One study indicated that two-thirds of survivors have had their legal cases dismissed, and 68 more than 80% of the time, this contradicted her desire to prosecute. According to another study of 526 cases in two large cities where sexual assault arrests were made, only about half were prosecuted. 69 Prosecutors were more likely to fil e charges when physical evidence connecting the suspect to the crime was present, if the suspect had a prior criminal record, and if there were no questions about the survivor's character or behavior. 70 Rape kit testing. In some jurisdictions, the backlog of untested rape kits may also factor into low prosecution rates. After an assault, victims may seek a forensic exam - called a rape kit- that includes the collection ofthe perpetrator's DNA and documentation of injuries or other evidence of rape or sexual assault. Although there is not reliable national data, in recent years, media reports have revealed that thousands of rape kits have either not been forwarded to crime labs or are backlogged at the labs waiting to be tested.

Hardy, A., Young, K., & Holmes, E. A. (2009). Does trauma memory play a role in the experience of reporting sexual assault during police interviews? An exploratory study. Memory, 17(8), 783-788. 66 Campbell, R. {2006). Rape Survivors' Experiences With the Legal and Medical Systems: Do Rape Victim Advocates Make a Difference? Violence Against Women, 12{1), 30-45. [Hereafter cited as Campbell {2006)]; Logan, T., Evans, L., Stevenson, E., & Jordan, C. E. {2005). Barriers to Services for Rural and Urban Survivors of Rape. Journal of Interpersonal Violence, 20(5), 591-616. 67 Ci!mpbcll, R., & RJjJ, S. (2005). The sexual assault and secondary virtimi?~tion of female veterans: Help-seeking experiences in military and civilian social systems. Psychology of Women Quarterly, 29, 97-106. 68 Campbell, R., Wasco, S.M., Ahrens, C. E., Sefl, T., & Barnes, H.E. {2001). Preventing the "Second Rape" : Rape Survivors' Experiences with Community Service Providers. Journal of Interpersonal Violence, 16{12).; Campbell, R. (1998). The community response to rape: Victims' experiences with the legal, medica/, and mental health systems. American Journal of Community Psychology, 26(3), 355-379. 69 Spohn, C. & Holleran, D. (2004). Prosecuting sexual assault: A comparison of charging decisions in sexual assault cases involving strangers, acquaintances, and intimate partners {NO 199720). Washington, DC: National Institute of Justice, U.S. Department of Justice. 70 Ibid.

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Testing of rape kits can be vital for the prosecution of cases. When a rape kit is tested, a unique DNA profile can often be identified and submitted to the FBI's Combined DNA Index System (CODIS). This software platform includes nationwide DNA samples from crime scenes, convicted offenders, and arrestees. In this way, crimes like rape and sexual assault can be matched to other samples in the database, identifYing assailants and linking crimes together. Law enforcement policies governing which kits should be prioritized for testing are inconsistent. In a survey of over 2,000 law enforcement agencies, 44% reported that one reason they did not send forensic evidence to a laboratory was because the suspect had not been identified; 15% said they did not submit the evidence because a prosecutor didn't request it, and 11% cited the lab's inability to produce timely results. 71 Even when law enforcement submits the kit to a crime lab, in some jurisdictions, the evidence remains untested for many months. Crime labs have struggled over the past decade to meet the demand for DNA testing for all types of crimes. And while labs were able to process 10% more cases in 2011 than in 2009, they also received 16.4% more requests for DNA testing. 72 And with demand continuing to outpace capacity, the rape kit backlog may continue to grow.

Ritter, N. (2011). The road ahead: unanalyzed evidence in sexual assault cases. Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, National Institute of Justice. [Hereafter referred to as Ritter (2011)] 72 Nelson, M ,et. al. (2013). Making Sense of DNA Backlogs: Myths Vs. Reality. Washington, DC: National Institute of Justice, Office of Justice Programs, U.S. Dept. of Justice.

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Taking Action to Break the Cycle of Violence On October 27, 2010, the White House Council on Women and Girls and the Office of the Vice President held the first national roundtable on sexual assault. Advocates, researchers, survivors, and federal officials came together to discuss the problem and the federal government's role in helping bring an end to this violence. As a result of the roundtable, federal agencies have undertaken unprecedented efforts to address rape and sexual assault. The White House Council on Women and Girls and the Office of the Vice President also co-host an interagency working group on violence against women. This is a first-of-its kind forum for collaboration and information-sharing among key federal agencies about best practices to prevent sexual assault and to provide support for victims. This interagency group formulated recommendations for reauthorization of the Violence Against Women Act and developed other initiatives to respond to President Obama's call for action.

Vlce President Joe Blden speaks at the National Domestic VIolence Hotline, in A1,1stln, Texas, Oct. 30, 2013. (Official White House Photo by David Uenemann)

The Violence Against Women Act The Violence Against Women Act forms the backbone of our nation's response to domestic violence, dating violence, rape, sexual assault and stalking. Authored by thenSenator Biden, and first enacted in 1994, VA WA addresses the problem on multiple fronts: among its many original provisions, VA WA created new, tough penalties for abusers, sex offenders and stalkers (and prompted many states to revise their codes); strengthened victims' abilities to get and enforce protection orders; provided incentives

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for more arrests, investigations and prosecutions of these crimes; gave survivors new access to legal representation; encouraged communities to develop special multidisciplinary domestic violence response teams; and provided unprecedented resources to states, local, and tribal governments and non-profit organizations to provide services for survivors. Since passage of VA WA, annual rates of domestic violence have dropped by 64%. 73 In recent years, VA WA has expanded to focus even more particularly on sexual assault. In 2005, VA WA created the Sexual Assault Services Program (SASP), the first funding stream to focus specifically on direct services and advocacy for victims of rape and sexual assault. And in March 2013, President Obama signed the third reauthorization of VA WA, which made additional changes in the law, and brought new resources to bear on the problem. VA WA 2013 includes set-aside funding and new purpose areas for multidisciplinary sexual assault response teams, sexual assault nurse examiner programs (SANE), specialized law enforcement units, and training for criminal justice professionals. This new focus will encourage states and local law enforcement agencies to adopt practices that have proven effective in holding sexual assault offenders accountable. The Justice Department provides technical assistance and support to states as they work to scale up these practices. The Obama Administration also worked with Congress to ensure that VAWA addresses the needs of victims who have historically been overlooked. VA WA 2013 included new protections for LGBT victims and encourages states to develop services for LGBT communities. Despite opposition from some in Congress, the Administration also successfully fought to protect the U visa program that allows immigrant victims to safely report crimes, including sexual assault. VA WA 2013 also included a landmark provision recognizing the authority of tribes to prosecute domestic violence crimes committed on tribal lands regardless of the race of the perpetrator. To address the link between violence and housing instability, VA WA 2013 included new protections for sexual assault survivors in public and other subsidized housing. Among other housing protections, the law requires that survivors of domestic violence, dating violence, sexual assault and stalking be permitted to transfer to other available housing if necessary. Since most sexual assaults occur in or near the survivor's residence, this provision can be essential to helping survivors reestablish a sense of safety and security. The Department of Housing and Urban Development (HUD) has issued a notice to

Catalano, S. (2012). Intimate Partner Violence, 1993-2010. U.S. Department of Justice. Bureau of Justice Statistics.; Additionally, VAWA has reduced crimes and the subsequent costs to the criminal justice and health care systems. One study found that VAWA saved an estimated $12.6 billion in net averted social costs in its first 6 years alone. Clark, K. A, Biddle, A., & Martin, S. (2002). A costbenefit analysis of the Violence Against Women Act of 1994. Violence Against Women, 8(4), 417-428; Erratum. Violence Against Women, 9(1), 136.

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housing providers participating in IDJD programs covered by VA WA about these new protections and is engaged in rule-making to implement them. VAWA 2013 also recognized that certain populations- notably teens and Native American women - are particularly vulnerable to sex trafficking, and authorizes funds to serve these victims. Supporting Victims/Survivors Over the past four years, and at the Administration's urging, Congress doubled funding for VA WA's Sexual Assault Services Program (SASP). Under SASP, and among other services, local rape crisis centers, mental health professionals, and social service providers help survivors navigate the criminal justice system. This approach is supported by research: survivors wh have a sistance from an advocate are mme likely to have police reports taken and Jess likely to be treated poorly by officers.74 Smvivors also report less distress after contact with the legal system and upon receiving medical care. 75 SASP also reaches well beyond the criminal justice system - for its grantees serve victims whether or not they choose to report a crime. Even at its best, the criminal justice system is a limited remedy for the harm many victims have suffered. Thus, SASP grantees also provide the emotional and practical support survivors need to rebuild their lives- such as crisis intervention, counseling, 24-hour sexual assault hotlines, and advocacy at various steps of the road to recovery. Notably, a growing number of survivors served by this program are adults who were victimized as children and who are only now able to disclose what happened to them and find help. Local rape crisis centers report that the current demand for services is outpacing their ability to serve those in need. According to the National Alliance to End Sexual Violence, one-third of rape crisis centers have waiting lists for counseling services, and in some cases the wait is as long as two months. 76 With VAWA funding, DOJ's Office on Violence Against Women (OVW) has launched the Sexual Assault Demonstration Initiative in six sites to improve victim services in areas where there is not a specialized rape crisis center. By 2015, this project is expected to provide lessons and models that can be replicated in other communities. In addition to VA W A funding, the Administration makes important investments in direct services for victims under the Victims of Crime Act (VOCA) Victim Assistance and Vil:lim Cumpe11sation programs. These funds support delivery of crisis intervention, counseling, criminal justice advocacy, and compensation for victims of many types of 74

Campbell (2006) 1bid. 76 "2013 Rape Crisis Center Survey." National Alliance to End Sexual Violence. Accessed from: http://endsexualviolence.org/wherewe-stand/2013-rape-crisis-center-survey. 75

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crimes, including rape and sexual assault. The Justice Department's Office of Victims of Crime (OVC) prioritizes sexual assault, and approximately 15% ofVOCA Victim Assistance funding supports direct services to sexual assault victims. Improving the Criminal Justice System To reduce rape and sexual assault, offenders must be held accountable. Otherwise, a broad cycle of violence continues: perpetrators of sexual assault are commonly repeat offenders, who commit both multiple rapes and other crimes. 77 The strongest predictor of sexual assault is a previous sexual assault, which makes rape a particularly crucial crime to prosecute. 78 Among other measures, the Department of Justice is working to increase arrest and conviction rates by supporting multidisciplinary sexual assault teams; these are specially trained law enforcement officers, detectives, prosecutors, healthcare providers and victim advocates, all working together to support survivors and increase the odds of successful prosecutions. These specialized units have proven effective in combatting domestic violence and are a promising model for addressing sexual assault. The evidence collected by specialized units is more likely to be useful for prosecution, leading to higher rates of prosecution, conviction, and sentencing. 79 In VA WA-funded specialized units, sexual assault conviction rates are much higher than average, from 60-80%. Specialized training for law enforcement and prosecutors. The trauma caused by a

sexual assault can affect a victim's ability to interact with law enforcement, recall events, and manage emotions. When law enforcement officers understand the physiological effects of trauma, they can better elicit information from victims and understand their behavior. OVW is partnering with the International Association of Chiefs of Police (IACP) to provide training for law enforcement agencies on how to conduct traumainformed sexual assault interviews and investigations. Training for prosecutors is equally important. Through a cooperative agreement with the organization AEquitas ("The Prosecutors' Resource on Violence Against Women"), OVW supports a range of technical assistance and training to help prosecutors better take on sexual assault cases. AEquitas hosts several national training events, conducts legal research, and provides prosecutors with around-the-clock case consultation.

Abbey, A., Parkhill, M., Clinton-Sherrod, A. M., Zawacki, T. (2007). A Comparison of Men Who Committed Different Types of Sexual Assault in a Community Sample. Journal of Interpersonal Violence, 22(12), 1567-580.; Lisak, D., & Miller, P (2002). Repeat Rape and Multiple Offending Among Undetected Rapists. Violence and Victims, 17, 73-84. 78 Loh, C., Gidycz, C., Lobo, T., Luthra, R. (2005). A Prospective Analysis of Sexual Assault Perpetration Risk Factors Related to Perpetrator Characteristics. Journal of Interpersonal Violence, 20(10), 1325-348. 79 Jolin, A., Feyerherm, W., Fountain, R., & Friedman, S. (1998). Beyond arrest: The Portland, Oregon domestic violence experiment, final report (No. NCJRS 179968). Washington, DC: U.S. Department of Justice

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Sexual assault forensic evidence. A key factor in improving prosecution rates for rape and sexual assault is the proper collection of forensic evidence - and the Administration has made significant advances on several fronts.

In April 2013, the Justice Department released a revised version of the National Protocol for Sexual Assault Medical Forensic Examinations (SAFE Protocol, 2d). The SAFE Protocol provides a best-practices guide to conducting medical forensic examinations and promotes high-quality, sensitive, and supportive exams for survivors of rape and sexual assault. The updated SAFE Protocol includes information on assisting populations with special needs such as survivors with limited English proficiency; survivors with disabilities; American Indian and Alaska Native victims; military personnel; and lesbian, gay, bisexual, or transgender victims. The SAFE Protocol is available at the National Criminal Justice Reference Service website at: https://ww \ .ncjr 路.u.o /pdffile.-J /o \路V/24 J903.pdl: Sexual Assault Nurse Examiners (SANEs) can also be key to effective evidence collection. These nurse examiners are trained to provide respectful and supportive care while collecting forensic evidence after a rape or sexual assault. In addition to improving victim care, SANE programs (like those funded by OVW's STOP Program) enhance the quality of forensic evidence, improve law enforcement's abili~ to collect information and file charges, and increase rates of successful prosecutions. 0 VA WA rural grants are also funding SANEs to conduct forensic exams, collect evidence, and provide health care to victims in rural communities. The Justice Department is also using telemedicine technology to improve the collection of evidence. Its Office for Victims of Crime partnered with the National Institute of Justice to establish a National Sexual Assault TeleNursing Center at the Massachusetts Department of Public Health. The Center will provide 24/7, year-round remote expert consultation by SANEs to clinicians caring for adult and adolescent sexual assault patients. The three-year cooperative agreement will establish pilot projects at two military medical facilities to perform telemedicine consultation during sexual assault forensic exams. The Center is expected to be fully operational in 2015, and the project will be expanded to include telemedicine sites in Indian country, rural communities, and pnsons. Rape kit backlog. Once forensic evidence has been collected, it needs to be tested for

DNA- and this Administration has worked proactively to address the nation's backlog of rape kits. 80

Campbell, R., Patterson, D., & Bybee, D. (2011). Using mixed methods to evaluate a community intervention for sexual assault survivors: A methodological tale. Violence Against Women, 17(3), 376-388.; Campbell, R., Bybee, D., Ford, J., & Patterson, D. (2008). Systems change analysis of SANE programs: Identifying the mediating mechanisms af criminal justice system impact (No. NCJRS 226497). Washington, DC: U.S. Department of Justice.; Nugent-Borakove, E., Fanflik, P., Johnson, N., Burgess, A., & O'Connor, A. L. (2006). Testing the efficacy of SANE/SART programs: Do they make a difference in sexual assault arrest and prosecution outcomes? Washington, DC: Department of Justice.

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Through its DNA Backlog Reduction Program, the National Institute of Justice (NIJ) funds 120 state and local crime labs to conduct DNA testing from crime scenes and convicted offenders. Rape kits are included in this testing program, but, as noted, law enforcement investigators sometimes don't prioritize these kits for forwarding to a lab. Time has shown, however, that DNA is a powerful tool to link crimes together and create new investigative leads in rape cases. In 2011, NIJ funded pilot projects in Detroit and Houston to inventory their untested kits and develop protocols for submitting these kits to crime labs. Final reports are due later this year, but preliminary results from Detroit show what can happen when old rape kits are tested: from a sample of 569 kits, 32 serial offenders were identified and five prosecutions initiated. One of the lessons from this project, however, is that testing alone is not enough; when jurisdictions test large volumes of rape kits, they also need the resources to follow-up on the leads - which means having trained detectives, victim advocates, and prosecutors available and working together to successfully pursue the new cases. Other cities have taken on their untested kits with mixed results, and NIJ continues to study the causes of backlogs and effectiveness of testing programs. NIJ is examining the value of testing rape kits from various types of crimes, including stranger, acquaintance, and intimate partner rapes. In some of these circumstances, the DNA evidence may not be the key to solving that specific crime, but it can create new investigative leads in cold cases and help identify serial offenders. The NIJ research projects are designed to examine the efficacy and criminal justice outcomes of testing rape kits from various types of assaults. Another lesson learned from the pilot projects is that survivors have different feelings about having their rape kits tested. Survivors have often worked hard to overcome the effects of a rape and put their lives back together. The prospect of having an old kit tested can bring a flood of emotion: some survivors may still be interested in pursuing justice, while others find the toll of reopening old wounds too high. NIJ and OVW are researching.and exploring approaches to reducing rape kit backlogs that account for survivors' rights, needs, and preferences - and specifically, how to notify survivors and involve them in the criminal justice process.

Combating Sexual Assault on Campus

The Federal Government enforces several laws that oblige educational institutions to combat campus sexual assault. Title IX requires schools receiving federal funding to take necessary steps to prevent sexual assault on their campuses, and to respond quickly and effectively when an assault occurs. The Clery Act requires colleges and universities that participate in federal financial aid programs to report annual statistics on crime on or near

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their campuses, to develop and disseminate prevention policies, and to ensure victims their basic rights. 81 This Administration has undertaken a major effort to better enforce the laws addressing rape and sexual assault at educational institutions. In 2011, Vice President Biden and Education Secretary Duncan announced new guidance to help schools, colleges and universities understand their obligations under Title IX. As a result of the guidance, students also have a better understanding about their schools' responsibilities - and, not coincidentally, Title IX complaints are on the rise and student activists are increasingly holding schools more accountable. The Department of Education's Office for Civil Rights (OCR) is charged with administratively enforcing Title IX in schools. OCR may initiate an investigation either proactively or based on a student's formal complaint. If schools are found to violate Title IX, they can be denied federal funds - although OCR must first seek to voluntarily resolve the non-compliance before terminating funds. Through this voluntary resolution process, OCR has entered into agreements that require schools to develop, among other things: • • • •

Comprehensive plans for educating students and employees about sexual assault; Policies and practices for responding to allegations of sexual violence; Adequate training for school officials charged with responding to complaints; and Policies to ensure that survivors are given the remedies and resources they need to continue their educations.

The Department of Justice, upon referrals from other agencies, can initiate litigation to require schools to better address campus sexual assaults. As noted, the Department has a number oftools in its toolbox- including Title IX, Title IV of the Civil Rights Act, and the Safe Streets Act - that it can use to bring all facets of a school, as well as local police departments, into compliance with the law. VAWA 2013 amended the Clery Act to mandate that schools develop new initiatives to respond to domestic violence, dating violence, sexual assault and stalking. The new law also strengthens existing provisions in the Clery Act, requiring institutions to bolster prevention education programs for students and employees, and to establish procedures for responding to incidents of sexual violence on campus. To implement these changes, the Department of Education is engaging in negotiated rule-making with the goal of publishing a final rule by November 2014. The Department is committed to transparency in the rule-making process, and has included advocacy groups and educational associations in this endeavor. 81

Several other laws also authorize the Justice Department to investigate campus sexual assaults and to help schools adopt comprehensive policies and practices to address the problem. These include Title IV of the Civil Rights Act of 1964; the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 ("Section 14141"); and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3789d ("Safe Streets Act").

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The Department of Education's Federal Student Aid (FSA) office is responsible for enforcing the Clery Act, and conducts on-site reviews to ensure schools' compliance with the Act. If an institution is found to have violated the Clery Act, FSA directs it to take steps to come into compliance and can impose fines for violations. The Justice Department's Office on Violence Against Women administers VA WA grants that help colleges and universities create holistic responses to sexual assault on campus, including offering victim services, implementing prevention programs, training campus law enforcement, and working with school administrators to improve the student disciplinary process. Because campus sexual assault is the subject of intersecting federal laws, policies, and grant programs, it is a key area for improved interagency collaboration. And it is in that spirit that, on January 22, 2014, President Obama created the White House Task Force to Protect Students from Sexual Assault. The objectives of the task force are to: • • • • •

Provide educational institutions with best practices for preventing and responding to rape and sexual assault. Build on the federal government's enforcement efforts to ensure that educational institutions comply fully with their legal obligations. Improve transparency of the government's enforcement activities. Increase the public's awareness of an institution's track record in addressing rape and sexual assault. Enhance coordination among federal agencies to hold schools accountable if they do not confront sexual violence on their campuses.

Reaching Teens and Young Adults

In 2011, Vice President Biden developed the 1 is 2 Many Campaign to focus on dating violence and sexual assault suffered by teens and young women. As part of this initiative, the Vice President solicited ideas from college students nationwide about how to prevent violence on campus. An overwhelming number of respondents said one thing: get men involved. Consequently, in a series of regional forums, federal agencies and communities came together to engage men in the effort to end violence against women. The 1 is 2 Many Campaign also recognizes that technology can be a powerful tool to help prevent dating violence and sexual assault. In 20 II, Vice President Biden and Health and Human Services Secretary Sebelius issut:d an "app challenge" that inspired two award-winning mobile apps especially geared toward young people. One of these apps - Circle of 6 - puts a group of friends instantly in touch with each other - so someone in trouble can send a "come and get me" message, complete with a GPS map to show her exact location. This app has been downloaded in 27 countries and was recently adapted for use in India. Rape and Sexual Assault: A Renewed Call to Action I Page 26

Also in 2011, in response to the Vice President's call to action, the Justice Department funded the National Dating Abuse Helpline, which gives teens and young adults access to services (such as counseling and information about where to turn) in a way that they are most comfortable - via text messaging and online "chats." The Justice Department continues to support these digital services. Working with schools. As part of I is 2 Many, Vice President Biden also convened

parents, teachers, educational associations, youth groups, and school counselors to raise awareness about teen dating violence and sexual assault. These groups were eager to help, but asked for additional guidance on what schools could do. In response, the Department of Education sent a "Dear Colleague" letter in 2013 to school districts across the country, urging them to address gender-based violence, including sexual assault, and to provide training to school personnel -from bus drivers to school nurses - who may witness such violence. The letter included a resource packet on teen dating violence with information on school-based policies and practices that have proven effective. New research has found that school and classroom-based intervention programs can reduce the incidence of teen dating violence and sexual harassment by up to 50 percent. 82 Working with men to change social norms. Social norms research reveals that men often

overestimate other men's acceptance of abusive behavior towards women and underestimate other men's willingness to intervene when a woman is in troubleY When men and boys believe that their peers accept sexist and abusive behavior, they are much less likely to help. That, in tum, can lead perpetrators to think their actions are acceptable- which, of course, perpetuates the violence. Research additionally shows that peer attitudes toward sexual aggression have a significant influence on men's willingness to intervene - which means that when men speak out against abuse, other men are more likely to step in to neutralize a risky situation and prevent an assault. 84 Bystander intervention training seeks to engage men and boys as allies rather than wouldbe perpetrators. It acknowledges that most men are not assailants and that everyone can help stop the violence. This sort of training also builds men's confidence and ability to take action -like preventing or interrupting an assault; speaking out against rape acceptance myths (e.g., women want to be raped and "ask for it"); and supporting survivors. Bystander intervention is integrated throughout the U.S. military's prevention activities, and is also increasingly being taught on college campuses. The CDC's Rape Prevention and Education (RPE) program also funds efforts by states and territories to prevent sexual assault. RPE grantees are currently engaged in a range of 82

Taylor, B, Stein, N.D., Woods, D., Mumford, E. (2011) Shifting Boundaries: Final Report on an Experimental Evaluation of a Youth Dating Violence Prevention Program in New York City Middle Schools No. NCJRS 236175). Washington, DC: U.S. Department of Justice. 83 Berkowitz, A.D. (2010) "Fostering Healthy Norms to Prevent Violence and Abuse: The Social Norms Approach." Accessed from: http://www.alanbfrkowi!Lcorn/artlcll'. /preven!ins%20SPXl!a i%20VIolencc%20Chapwr%20-%20R!lvlslon .pdf a< Brown, A.L. & Messman-Moore, T.L. (2010) Personal and Perceived Peer Attitudes Supporting Sexual Aggression as Predictors of Male College Students' Willingness to Intervene Against Sexual Aggression. Journal of Interpersonal Violence, 25(3) 503-517.

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activities, including implementing culturally relevant prevention strategies based on best practices, conducting training, and expanding the prevention message through creative partnerships. Grantees are working with coaches, boys, men, and the entertainment industry to develop innovative prevention strategies. CDC is also funding research grants to rigorously evaluate promising practices, strategies, and policies for their impact on rates of sexual violence. In 2011, the Department of Justice launched the VA WA Engaging Men in Preventing Sexual Assault and Domestic Violence program- which funds multi-faceted strategies to engage men as allies and influencers of other men. Using social media combined with hands-on mentorship, the program aims to develop new male leaders willing to speak up about violence against women and girls. Addressing se>< traffick ing . Yong people are among those most vulnerable to human trafficking and runaway, homeless, and LGBT youth are at particular risk. 85 In January 2014, the Administration released the Federal Strategic Action Plan on Services for Victims of Human Trafficking in the United States. This five-year plan lays a path for further coordination, collaboration, and capacity across governmental and nongovernmental entities to support survivors of human trafficking, including youth. The Federal Strategic Action Plan is available here: http://www.o c.go /pubs/l'edcralHumanTra rli king. tra tegicPlan .pc.l f"

Addressing the intersection between HIV/AIDS, violence against women, and gender-related health disparities. Over half of women living with HIV in the United States have been raped, assaulted, or stalked by an intimate partner- which is considerably higher than the national rate among women overall (56% vs. 36%). 86 Recognizing that viol ence against women and girls is a driving factor in the domestic HIV/AIDS epidemic President Obama created an interagency Federal Working Group in 2012 to study this issue, as well as gender-related health disparities. Co-chaired by the White House Advisor on Violence Against Women and the Director of the Office ofNational AIDS Policy, the Working Group developed 56 action items for agencies across the Federal government- including ways for agencies to better respond to the health needs of women who have been raped or sexually assaulted, and linking primary prevention strategies for intimate partner violence with efforts to prevent the transmission ofHIV. The Working Group Report can be accessed here: http://www. whiteh us 路.gov/sites/dcfault/fil es/do s/vawhi w rk ing group r p rt fin al - 9-6--20 13.pdf

Clawson, H.J., Dutch, M., Solomon, A., & Goldblatt Grace, l. (2009). Human Trafficking Into and Within the United States: A Review of the Literature. Washington, DC.: Office of the Assistant Secretary for Planning and Evaluation (ASPE), U.S. Department of Health and Human Services. 86 Machtinger, E.l., et al. Psychological trauma and PTSD in HIV-positive women: a meta-analysis. AIDS Behavior. 2012; 16(8): 20912100. ; NISVS (2010)

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Responding to Sexual Assault in the Military

Our military members continue to face the threat of sexual assault within their ranks and the Administration bears a unique responsibility to protect the women and men in uniform who dedicate their lives to protecting our nation. The President is committed to addressing this corrosive problem, which destroys tmst among our troops and undermines our readiness. Over the past year, the Department of Defense (DOD), in collaboration with the White House, has developed a set of executive actions, legislative proposals, and training programs to more effectively prevent and respond to sexual assault in the military. Secretary Hagel has directed a series of executive actions that will improve command accountability, expand victims' rights within the military justice system, and improve victim treatment by their peers, co-workers, and chains of command. Most notably, Secretary Hagel directed each service to provide legal counsel for all victims of sexual assault. This landmark reform will ensure that victims are provided with personalized legal advice and representation throughout the legal process. DOD has also developed a new curriculum for sexual assault prevention and response training. This training is being provided to new recmits, officers preparing to assume command, and senior enlisted personnel, and is now expanding to reach all members of the force. DOD developed and submitted to Congress two legislative proposals aimed at reforming the Uniform Code of Military Justice. These proposals -which were included in the National Defense Reauthorization Act- will limit the ability of commanders to overturn court-martial findings and reform the pre-trial investigation process to provide greater protections for victims. In December 2013, President Obama instmcted Secretary Hagel and Joint Chiefs of Staff Chairman Dempsey to continue their intensive focus on this issue and directed them to conduct a full-scale review of their progress by December 2014. Based on the results of this report, the President and DOD will consider additional reforms that may be required to eliminate this crime from the ranks and protect the men and women who serve our nation. Protecting American Indian and Alaska Native Women

President Obama is committed to improving safety in Indian country. In 2009, the Department of Justice launched a new effort to reduce the high rates of crime on Indian reservations, with a particular focus on violence against women. In July 2010, the President signed the Tribal Law and Order Act, bringing new resources to build infrastructure for tribal court systems and encouraging the hiring of more law enforcement officers for Indian lands. Also, the law enhances tribes' authority to prosecute and punish criminals, and authorizes new guidelines for handling sexual assault and domestic violence crimes, from training for law enforcement and court officers, to Rape and Sexual Assault: A Renewed Call to Action

I Page 29

boosting conviction rates through better evidence collection, to providing better and more comprehensive services to victims. Prosecuting crimes in Indian country. The Tribal Law and Order Act also encourages United States Attorney's Offices (USAOs) to designate tribal prosecutors as Special Assistant U.S. Attorneys (SAUSA). As a result, many USAOs with Indian country responsibility now have tribal SAUSAs who may prosecute cases in federal court. And in 2012, OVW launched a Tribal Special Assistant United States Attorney Pilot Project, funding eligible tribal prosecutors to pursue violence against women cases in both tribal and federal courts and to enhance collaboration between tribal officials and federal prosecutors. Tailored to meet the particular needs of each participating tribe, this pilot project is designed to improve the quality of cases, the coordination of resources, and the communication of priorities both within and between the various law enforcement agencies working in these jurisdictions. The Justice Department's prioritization oflndian country crime has made a difference: from FY2009-FY2012, prosecutions have increased nearly 54 percent. 87 VAWA protections. VA WA 2013 also contains provisions that significantly improve the

safety ofNative women by, among other things, giving federal and tribal law enforcement agencies more authority to hold perpetrators of domestic violence accountable. The tribal provisions in VA WA closed three significant legal gaps by: (1) recognizing certain tribes' power to exercise concurrent criminal jurisdiction over domestic violence cases, regardless of whether the defendant is Indian or non-Indian; (2) clarifying that tribal courts have full civil jurisdiction to issue and enforce protection orders involving any person, Indian or non-Indian; and (3) creating new federal laws to address crimes of violence, such as strangulation, committed against a spouse or intimate partner and providing more robust federal sentences for certain acts of domestic violence in Indian Country.

leading by Example in the Workplace For some survivors, the effects of sexual assault can follow them to their jobs. lfthe perpetrator was a co-worker or the assault occurred near the workplace, the survivor may have ongoing safety concerns. Survivors may need time off from work to attend court hearings, go to counseling, or address other issues related to the assault. Employers can help by developing policies that address safety, use of leave, and other assistance that survivors may need to get their lives back on track. In April2012, President Obama directed federal agencies to develop policies to assist victims of domestic violence, sexual assault and stalking in the federal workforce. Led by the Office of Personnel Management (OPM), an interagency workgroup evaluated how sexual assault affects victims in the workplace, and worked closely with agencies to 87

www.lusllce.gov/trlbal/tloa-r!lPOO -cy ?011 2012.pdf

Rope and Sexual Assault: A Renewed Call to Action

I Page 30

develop responsive policies. In February 2013, OPM issued "Guidance for AgencySpecific Domestic Violence, Sexual Assault, and Stalking Policies," which provides agencies with guidance to fulfill the goals identified by the President. 88 Reducing Rape in Prisons

In accordance with the Prison Rape Elimination Act of 2003 (PREA), the Department of Justice released a final rule in May 2012 that requires prisons and other detention facilities to prevent, detect, and respond to sexual assault. Four types of facilities are covered: adult prisons and jails, lockups, community confinement facilities, and juvenile facilities. This regulation is the first federal effort to set standards for all facilities at the local, state, and federal levels to protect incarcerated individuals from sexual abuse. Facilities must develop and maintain zero-tolerance policies regarding sexual abuse, and must also make sure that at-risk populations, including youth, LGBT, and female prisoners, are protected. The Justice Department also released a protocol to improve responses to sexual assault in prisons and other correctional facilities, which is available at: http://ovw.u doj .go /d cs/confincmenl- afc-protocol.pd[ Improving Data Collection

Collecting data on sensitive issues like rape and sexual assault can be challenging. Language, definitions, and survey methods all make a difference in how individuals understand and disclose what has happened to them. The federal government uses various measures to capture the extent of rape and sexual assault, and each takes a different approach. The Administration has been working for several years to enhance and improve data collection in this area. Uniform Crime Report. The FBI collects data on rapes that are reported to law enforcement through the Uniform Crime Report. Until recently, the definition of rape used to collect this data was very narrow and outdated, and covered only forcible male penile penetration of a female vagina. Nearly all criminal codes have broader definitions, but states have only been required to report crimes meeting this narrow definition. In 2012, the Justice Department modernized its definition to include the various forms of assault now understood to be rape. Among other things, the new definition covers instances where a victim is incapable of consent (e.g., because of drugs or alcohol), is not gender-specific, and includes oral and anal penetration. Because the new definition is more inclusive, reported crimes of rape are likely to rise in future years. As Vice President Biden noted at the time: "Rape is a devastating crime and we can't solve it unless we know the full extent of it."

Office of Personnel Management, Guidance for Agency-Specific Domestic Violence, Sexual Assault, and Stalking Policies,"Retrieved from: http://www.opm.gov/policy-data-oversight/worklife/reference-materials/guidance-for-agency-specific-dvsas-policies.pdf.

Rape and Sexual Assault: A Renewed Call to Action

I Page 31

National Crime Victimization Survey. A second measure of rape comes from the National

Crime Victimization Survey (NCVS). Through in-person interviews and follow-up phone calls, this survey collects information about various types of crimes the participants may have experienced in the prior six months. Official estimates of rape in the NCVS have typically been lower than estimates from other governmental surveys and academic research. A panel of experts recently studied NCVS and identified possible reasons for this, including lack of privacy for interviews and the fact that questions are framed in terms of criminal acts rather than behaviors. The Bureau of Justice Statistics (BJS), which has responsibility for NCVS, has committed to a multiyear project to better understand the possible reasons for the underestimation of rape and sexual assault in the NCVS. Toward that end, BJS is undertaking a major effort to develop and test survey designs for collecting data on rape and sexual assault. This study of 18, I 00 respondents will compare methods for collecting data about rape and sexual assault on the phone, in-person, and by computer. Data collection will begin in July 2014 and the project is expected to be completed by December 2015. National Intimate Partner and Sexual Violence Survey. In 2010, CDC launched the National Intimate Partner and Sexual Violence Survey (NISVS). This random-digit-dial survey uses a public health approach in which respondents are asked about specific behaviors they may have experienced in their lifetimes and over the past year. The survey collects lifetime and 12-month prevalence data on sexual violence, stalking, and intimate partner violence. In addition, the survey collects information on the age at the time of the first victimization, demographic characteristics of respondents, demographic characteristics of perpetrators (age, sex, race/ethnicity) and detailed information about the patterns and impact of the violence by specific perpetrators. The survey also gathers information on long-term physical and mental health consequences that may be associated with violence.

Rope and Sexual Assault: A Renewed Call to Action

I Page 32

Conclusion Despite the important and unprecedented work being done, there is much more to do. And the problems outlined in this report also provide a roadmap for further action. As noted, women at our nation's colleges and universities are at particular risk of being sexually assaulted. To make our campuses safer, change needs to come from many quarters: schools must adopt better policies and practices to prevent these crimes and to more effectively respond when they happen - both by holding offenders accountable and giving victims the help they need to physically and emotionally recover. And federal agencies must better ensure that schools are living up to their obligations. Across all demographics, rapists and sex offenders are too often not made to pay for their crimes, and remain free to assault again. Arrest rates are low and meritorious cases are still being dropped - many times because law enforcement officers and prosecutors are not fully trained on the nature of these crimes or how best to investigate and prosecute them. Many new and promising interviewing, investigative and prosecution protocols are being developed, with cutting-edge science about victim trauma informing the enterprise. We need to further develop these best practices and help get them out to the field. We can also help local jurisdictions move rape kits offthe shelves and into crime labs for testing- so more rapists can be identified through DNA and brought to justice. This Administration, as noted, has made an unparalleled commitment to getting victims and survivors the many services they need - from crisis intervention, counseling, legal advocacy, medical help, social services, and job and housing assistance- and with a special eye on particularly vulnerable populations. Even so, the demand for these services continues to outpace the supply. We cannot retreat, but must recommit to getting these vital resources to those who need them. And, of course, we must- and can- continue to change our nation's attitudes about these crimes. Sexual assault is pervasive because our culture still allows it to persist. According to the experts, violence prevention can't just focus on the perpetrators and the survivors. It has to involve everyone. And in order to put an end to this violence, we as a nation must see it for what it is: a crime. Not a misunderstanding, not a private matter, not anyone's right or any woman's fault. And bystanders must be taught and emboldened to step in to stop it. As then Senator Biden said when he was first drafting the Violence Against Women Act: "Through this process, I have become convinced that violence against women reflects as much a failure of our nation's collective moral imagination as it does the failure of our nation's laws and regulations. We are helpless to change the

Rape and Sexual Assault: A Renewed Calf to Action

I Page 33

course of this violence unless, and until, we achieve a national consensus that it deserves our profound public outrage." The Vice President's words ring as true today as they did then.

Rape and Sexual Assault: A Renewed Call to Action

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/;!;/ / PR..ESIT>ENT"S CC>.N1Nl.ISSIC>~ on Campus Climate and Inclusion

SUB-COMMITTEE ON DISABILITY/ACCOMMODATION

President's Commission on Campus Climate and Inclusion Disability Subcommittee/Working Group Recommendations Submitted June 18, 2014

The Disability Subcommittee/Working Group of the President's Commission on Campus Climate and Inclusion met three times over the course of the Spring semester. During the first meeting, the group reviewed prior work done on our campus in this area, with a specific focus on programs and services offered to student, faculty, and staff with disabilities, as well as the general attitude on campus regarding disability issues. The group recognized the previous DELC report did not address disability directly, but that several handbooks and policies exist in departments and offices around the campus. The group also acknowledged that some type of needs assessment should be conducted to identify the current state of the campus around disability issues. One key element of the discussion was the recognition that there have been several legal mandates that have guided our work in this area, and that the University has done an excellent job of complying with these mandates. The Disability Support Services Office, the Center for Assistive Technology, and the Center for Autism Spectrum Disorders, all indicate a strong commitment to disability issues on the part of the University. In addition, the Counseling Center and several clinics sponsored by academic departments place a strong emphasis on the mental health of students, faculty, and staff. At the group's second meeting, a discussion regarding assessment led to some questions regarding the nature and scope of the work of the subcommittee. While some members wanted to design and implement a quantitative survey and some qualitative focus groups, while other members thought we should use existing data to conduct an assessment. After consultation with

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Pam Lassiter and with staff members from the Office of Assessment and Planning, it was decided that the work of the subcommittee would be more focused on working with our existing resources. Members of the committee agreed to conduct a complete review of documents related to disability contained on the campus website and in campus publications and to conduct some preliminary constituent interviews/focus groups and to come to the final meeting prepared to discuss their findings. In terms of assessment, the committee agreed their second priority would be to create a list of disability related questions that could be added to survey instruments already in use. At the final meeting of the disability subcommittee/working group, it was reported that a document analysis was complete (see attached) and that one student focus group had been conducted with twelve students registered with Disability Resource Services. The following recommendations were adopted:

â&#x20AC;˘

Work with the Office of Assessment and Planning to add five questions related to disability services and campus attitudes regarding disability to the NSSE, BSSE and the Continuing Student Survey.

â&#x20AC;˘

Collaborate with the Faculty Development Office to design and implement a training program for new and seasoned faculty members on delivering reasonable accommodations to students with disabilities.

â&#x20AC;˘

Update the Students in Distress Handbook, which has proven to be an excellent resource for faculty and staff but has not been revised since its inception in January 2009.

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Investigate the possibility of offering a Disability Studies course as part of the college curriculum.

•

Continue to update and revise Human Resources website and publications on issues related to disability in the workplace.

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Affirmative Action Policy Affirmative Action Plan Anti-Discrimination Statutes Complaint Procedures Consensual Relationship Policy Continuing Notice of Nondiscrimination Diversity Action Plan Diversity & Equity Leadership Council Policy and Procedures Governing Sexual Harassment Policy Regarding Persons With Disabilities Policy Statement on Pluralism Policy Statements President's Commission on Campus Climate and Inclusion Resources Search Processes

POLICY REGARDING PERSONS WITH DISABILITIES Southern Connecticut State University affirms its policy of nondiscrimination against all persons protected by all state and federal laws, regulations and executive orders. This policy of nondiscrimination commits Southern Connecticut State University (SCSU) to achieving equal employment opportunity and full participation for employees with disabilities. No qualified person shall be excluded from consideration for employment, participation in any university program or activity, be denied the benefits of any university program or activity, or otherwise be subjected to discrimination with regard to any program or activity. This policy derives from SCSU's commitment to nondiscrimination for all persons in employment, academic programs, and access to facilities, programs, activities and services. E.xisting barriers, whether physical, programmatic or attitudinal must be addressed. A person with a disability must be afforded equal employment opportunity as outlined in federal law, specifically the Rehabilitation Act of 1973 including section 504 and the Americans with Disabilities Act of 1990, as well as specific state laws on nondiscrimination found in the Connecticut General Statues and State Executive Orders 18, 11 and 9.

Special Events Staff Training

The ADA requires reasonable accommodations in all aspects of the employment process including application, performance of duties and benefits and privileges of employment. SCSU's efforts to accommodate people with disabilities must be measured against the goal of full participation and integration. Services and programs to promote these benefits for people with disabilities shall complement and support, but not duplicate, the university's regular services and programs. In keeping with SCSU's commitment to equal employment opportunity, the university will make reasonable accommodations for the known physical and mental limitations of otherwise qualified applicants and employees within the provisions of the prevailing state and federal statutes. An employee with a disability seeking a reasonable accommodation should contact the Office of Diversity and Equity Programs at (203) 392-54 91 to determine the appropriate process for review of the request. Achieving full participation and integration of people with disabilities requires the cooperative efforts of all of the university departments, offices and personnel. The university shall periodically review its compliance with this policy as part of its commitment to nondiscrimination.

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WELCOME TO THE DISABILITY RESOURCE CENTER

BROCHURE ACCESSING SERVICES

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RESOURCE

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POLICIES Af'ol) PROCEDURES INTAKE FORM FOREIGN LANGUb.GE SUBSTITUTIONS

FAQ

The mission of the Disability Resource Center (DRC) is to ensure educational equity for students with disabilities. We provide assistance and information on issues of access to ensure the full participation of students ....rith disabilities at Southern.

l-OUSING PROCEDURES

The University adheres to the letter as well as the spirit of key lav.-s such as the Americans with Disabilities DESIGNATED COURSES

Act of 1990 and Section 504 of the Rehabilitation Act. Southern continues to monitor and make reasonable modifications in policies, practices, procedures and facilities to acconm10date students \\ith disabilities who

EMPLOYMENT OPPORTL.NITIES

study, work or visit our campus.

N:WSLETTERS

Our philosophy promotes self-awareness, self-determination, and self-advocacy skills to assist the students served by the DRC to maximize their potential and gain greater independence.

lPCOMING EVENTS FREQUENTLY ASKED QUESTIONS

The Disability Resource Center is now on Face book! Click here and like our page to receive the latest news and information from our office.

RESOURCES NFORMATION FOR FACULTY-

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CONTACT Southern Connecticut State University 501 Crescent Street New Hawn, CT 06515

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Phone: (203) 392-SCSU

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SPECIAL HOUSING REQUESTS

Staff

INFORMATION REGARDING ON-CAMPUS HOUSING ACCOMMODATIONS FOR

Events

STUDENTS WITH DISABILITIES AND/OR CHRONIC HEALTH CONDITIONS The Disability Resource c~nter (DRC) and University Health Services works collaboratively \\ith the Office of Residence Ufe in order to provide housing accommodations to students with disabilities or chronic health conditions. For students requesting accommodations due to a documented disability:

Under the Americans with Disabilities Act, an individual \\ith a disability is a ~rson v.-ho:

has a physical or mental impairment that substantially limits one or more ma,ior life activities;

has a record of such an impairment; or

3路 is regarded as having such an impairment

Accommodations for students with disabilities vary according to the nature of the documented disability. To request accommodations for housing due to a documented disability, the student mul!t first contact Deborah Fairchild of Disability Resource Center in writing to make the request. Documentation of the disability must be included with the request and a phone number where the student can be reached must be included. For Documentation guidelines, please see the Disability Resource Center's website, ,. ",_., ""llti,nnei.nlu f d, ( Once the request is received, it will be evaluated by the Disability Resource Center. Although priority consideration will be given to accommodate students with disabilities, it does not imply that a particular accommodation must be granted if housing is not available or if it is deemed not reasonable if other suitable options are available. Availability of housing is limited and spaces are assigned on a first-come-first-serve basis. Contact: Mrs. Deborah Fairchild Phone: (203) 392-6828 E-Mail: fairchilddt @southernct.edu For students requesting accommodations due to a health condition:

To request accommodations for housing due to a health condition, the student must contact Dr. Diane Morgenthaler at University Health Services in writing to make a request. Documentation from a physician must be included with the request and contact information where the student can be reached must also be included. Once the request is received it will be evaluated by University Health Services staff. Although consideration \\ill be given to accommodate students with hea1th conditions, it does not imply that a particular accommodation must be granted if housing is not available or if it is deemed not reasonable if other suitable options are available. Availability of housing is limited and spaces are assigned on a first-come-ftrstserve basis. Contact: Phone:

Dr. Diane Morgenthaler (203) 392-6300

E-Mail:

morgenthald1 @southernct.edu

Gender Neutral Housing Option

Southern Connecticut State University offers a gender neutral option to students requesting on campus housing. Gender neutral housing is available to students identifying as gay, lesbian, or transgender and who may feel uncomfortable or even unsafe in traditional housing selection scenarios. Students requesting gender neutral housing should contact Robert Demezw through the Office of Residence Life. Contact:

Robert Demezzo

Phone: E-Mail:

(203) 392-5870

demezzorl @southernct.edu

Southern Connecticut State University 501 Crescent Street New Haven, CT 06515

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DISABILITY ~rn$@(1JJ ~~rn

CENTER SOUTHERN CONNECTICUT STATE UNIVERSITY

DRC Student Policy Handbook A Guide to Policies, Procedures and Resources

2013/2014 Edition

SCSU Disability Resource Center POLICY HANDBOOK: A GUIDE TO POLICIES, PROCEDURES AND RESOURCES ACADEMIC YEAR- 2013/2014 Engleman Hall- Room C 105 (203) 392-6828 (203) 392-6131 TTY (203) 392-6829 FAX DRC@southernct.edu http://www.southernct.edu/drc DRC Staff: Goldie Adele, J.D., Director Deborah Fairchild, Assistant Director Joanne Milke, Disability Specialist Susan Larson, Secretary Linda Sivey -McDonald, University Assistant Connie Sinz, University Assistant . William Lang, Designated Sections Math Tutor/Note-taker Amanda Capristo, Designated Sections Math Tutor/Note-taker

This manual is available online and in alternate formats.

Table of Contents 1. INTRODUCTION Purpose of Manua1 .................................................................................................... 1 Commitment to Equal OpportunitY ........................................................................ 1 Rights and Responsibilities......................................................................................2 2. ACCESS TO SERVICES Mission....... - .................... ............................................................................................4 Services Available .....................................................................................................4 Weekly Appointments with DRC Specialists....................................................... 5 3. DETERMINATION OF ELIGIBILITY Students Served and Documentation Guidelines ............................................... 6 Confidentiality and Release of lnformation.......................................................... 12 Retention of Student Files ....................................................................................... 12 4. ACCOMMODATIONS AND OTHER SUPPORTS Defining Reasonable Accommodations ............................................................ _.. 13 Requesting Course Accommodations and Auxiliary Aids ................................ 13 Provisional Accommodations and Services ........................................................ 14 Scheduling Exams and/or Quizzes through the DRC....................................... 14 Requests for Accommodations in Residence Life ..............................................16 Audio Textbooks: Learning Ally ................................................ ...... ... 17 Scanned Printed Materials: The Center for Adaptive TechnologY................. 17 Sign-language lnterpreters...................................................................................... 19 Academic Assistants: Notetakers, Readers, Lab and Library Aids.................20 Personal Assistants (PAs)....................................................................................... 21 Service Animals .........................................................................................................21 Designated Sections of Courses........................................................................... 22 Foreign Language Substitutions ............................................................................ 23 Planning for the Use of Adaptive Technology of alternate Formats in the Classroom.. :...............................................................24 Early Registration ......................................................................................................24 Distance Learning...................................................................................................... 25 5. ARCHITECTURAL ACCESS Classrooms ................................................................................................................. 26 Elevators...................................................................................................................... 26 Faculty Offices, Buley Library, Computer and Language Labs, and Other Departments or Facilities......................................................................26 Lift-Equipped Campus Shuttle................................................................................26

Accessible Parking.................................................................................................... 27

6. ADAPTIVE TECHNOLOGY ON CAMPUS Center for Adaptive Technology·················································-----···-··-······ ..........27 Computer Labs and Buley Library.........................................................................27

7. OTHER POLICIES AND PROCEDURES Evacuation Procedures for Persons who require Assistance .........................28 Access to Exercise Science Classes, Athletics and Similar Activities ................................................................................................28 Access to Clubs and Campus Events...................................................................29 Complaint and Grievance Procedures..................................................................29 8. TIPS FOR SUCCESS Self-Determination: A Key to Success ................................................................. 30 Strategies for Students.............................................................................................30 Communicating with Faculty...................................................................................31 Roommate Relationships...... ~ ................................................................ ..................31 Students Using Wheelchairs and/or Scooters.................................................... 32 Other SCSU Resources ......................................................................................... 32

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Southern Connecticut State University POLICIES AND PROCEDURES

subject:

Disability Accommodation for Applicants and Employees

Pages: 10

Policy No.2 Date: July 1, 2009

Approved by: Cheryl J. Norton, President, Southern Connecticut State University Signature:

Policy Statement It is the policy of Southern Connecticut State University to provide equal access and opportunity to job applicants and otherwise qualified persons with disabilities in compliance with the Rehabilitation Act of 1973 as amended, the Americans with Disabilities Act (ADA) of 1990 and ADA Amendments Act of 2008 (ADAAA) effective January 1, 2009. The University prohibits discrimination on the basis of disability in all aspects of the application process and the employment relationship. The ADAAA rejects strict interpretation of the definition of disability, and makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability. Scope This policy applies to applicants for employment with, and employees of, the University who have a physical or mental impairment that substantially limits one or more major life activities; have a record of such impairment; or are regarded as having such impairment. (The Jaw also covers people who experience discrimination based on a perception of impairment regardless of whether the individual experiences disability (ADAAA) Note: The ADAAA states that "the definition of disability .. .shall be construed in favor of broad coverage of individuals under [the ADA], to the maximum extent permitted by the terms of [the ADA]." Also, an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when it is active.

General Procedures 1. Initiating the Accommodation Process

An "Accommodation Request Form" must be completed by the following individuals: â&#x20AC;˘ Applicants for employment can initiate a request for accommodation by contacting the Human Resources Office. Any staff member that receives a request for accommodation shall immediately notify the HR Office. â&#x20AC;˘ Employees can initiate the accommodation process by requesting an accommodation for a disability from HR or by making such a request to the employee's immediate supervisor, either verbally or in writing. â&#x20AC;˘ Supervisors who receive a request for accommodation shall immediately notify HR so that the official processing of the request can begin.

Any supervisor who, in the course of job performance counseling, is informed by an employee that a physical or mental condition may be affecting the employee's work performance shall refer the employee to HR and notify that office of such referral. The individual making the accommodation request is required, among other things, to cooperate throughout the accommodation process by attending meetings to discuss the accommodation needs, to timely provide current medical information and provide documentation of skills, abilities, training, and/or work experience, as requested. 2. Processing the Accommodation Request

Requests for reasonable accommodation shall be considered by determining the following issues: 1. whether the worker in question is qualified to perform work 2. whether the worker in question has a disability that limits his or her ability to perform satisfactorily the essential functions of the job he or she holds or desires; and 3. if so, whether the disability may be reasonably accommodated without imposing an undue hardship on the University. All three issues must be found in the affirmative in order for the University to grant reasonable accommodation and has the discretion to select the accommodation it considers most appropriate, giving due consideration to the suggestions and preferences of the applicant or employee seeking accommodation.

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Upon receipt or referral of an accommodation request from an applicant or an employee, HR shall initiate an interactive process and begin the accommodation procedure. For a current employee, the process will involve, in appropriate cases, verifying the disability for which the accommodation is requested, contacting the supervisor to determine or verify essential job functions and, after a determination that the disability is covered under the law, engaging in or facilitating discussions with the employee and supervisor concerning possible accommodations. In situations where the impairment, the degree of impairment, or the major life activities affected by the impairment are non-apparent, applicants or employees will be required to provide written documentation, in most cases by the use of a medical certificate, concerning the impairment at the time an accommodation is requested. 3. Documentation of a Disability Documentation of a disability will be required when a disability and/or need for accommodation is not obvious. Applicant or Employee Responsibility An applicant or employee shall provide HR with adequate documentation from a qualified health care professional of a non-obvious disability or impairment. Reasonable accommodations will not be provided prior to the receipt of this documentation. Documentation Requirements The documentation provided by an applicant or employee must be from a qualified health care professional and must clearly identify and describe the following: o o o

The specific impairment(s) causing the disability; The major life functions or activities affected by the impairment; and The degree of limitation to those functions and activities caused by the impairment.

Non-receipt of Documentation If the Human Resources Office does not receive the required documentation and information from the health care provider within two (2) weeks of being informed of a disability by the applicant or employee, it will notify the applicant or employee in writing and request that he or she contact the health care provider. If HR does not receive the required information within two (2) weeks of this notification, the request for accommodation will be cancelled for lack of necessary information.

Receipt of Documentation After receiving the documentation from the health care provider, HR will review the medical information to determine its adequacy. If the information provided is incomplete, unclear or inconsistent, HR can request that the applicant or employee to obtain additional or clarifying information from the health care provider. Independent Medical Information The Associate Vice President of Human Resources and Labor Relations has the authority to obtain, at University expense, an independent medical opinion concerning the impairment for which an employee seeks an accommodation. The failure of an employee to cooperate in obtaining such an opinion will result in the cancellation of the request for accommodation. 4. Disability Determination The Human Resources Office, with the information provided by the treating physician, shall determine if the applicant or employee has a substantially limiting impairment of a major life activity that prevents the individual from performing one or more essential application or job functions, or from enjoying the same benefits and employment privileges as are enjoyed by similarly situated employees without disabilities. In cases of persons with non-apparent disabilities, this determination shall be made after receipt and review of adequate documentation from a health care provider. 5. Reasonable Accommodation Determination When an applicant is found to have a disability covered under the law, HR will work with the individual to make accommodations to the application process and at the appropriate time, will work with the individual and the department head to identify and discuss accommodations that will enable the individual to perform the essential functions of the job or enjoy the same benefits and privileges as similarly situated employees without disabilities. If the accommodation would pose a threat of harm to the employee, staff, students and others; or if the accommodation would result in undue hardship, that is the accommodation is too costly, extensive, and substantially disruptive or would fundamentally alter the nature or operation of the University, the accommodation may not be provided. The University does not create new positions, displace other employees, or offer a promotion as a form of accommodation.

A qualified individual with a disability can refuse an accommodation, but if the individual is unable or unwilling to perform the essential functions of a job at a

satisfactory level without the accommodation, he or she will be separated from employment. Refusal to cooperate in the accommodation process may result in separation. If an employee cannot be accommodated, including placement in an alternative position, the employee will be separated from University employment after the employee's entitlements under the Family and Medical Leave Act (FMLA), if any, are exhausted. No Reverse Discrimination

The ADAAA amendments make clear that there is no such thing as reverse disability discrimination claims. Reverse discrimination claims have occurred where non-disabled employees have claimed they should receive the same reasonable accommodations that a disabled employee has received. The ADAAA makes it clear that disabled employees may obtain certain changes to their jobs to which other employees are just not entitled Confidentiality

Any records or information obtained by Human Resources as a part of the accommodation process that reflects diagnosis, evaluation, or treatment of an employee's medical or mental health condition are confidential and shall be maintained by the Human Resources Office in a separate file. Such records shall be shared with only those University employees who have a need to know in order to implement the accommodation process and shall not be released except as required by law. ADA Compliance Officer

The Associate Vice President of Human Resources and Labor Relations reports to the President of the University and is responsible for developing, coordinating, monitoring and reporting on compliance activities. Faculty, staff, students and visitors to the campus are encouraged to report any architectural, programmatic or attitudinal barrier that appears to deny full participation to any program, benefit or service offered by the University. Complaint Process

If any applicant or employee is not satisfied with the response to an accommodation request they may contact the Human Resources Office or the Office of Diversity and Equity located in Schwartz Hall, Room 100 or by calling them at (203) 392-5491 to be sure that appropriate consideration has been given to your request.

The University has a process for resolution of complaints alleging discrimination on the basis of disability, including failure to accommodate a disability. You also have the right to file a complaint with an external federal or state enforcement agency. The complaint should be made as soon as possible after actions that are believed to be discriminatory have occurred. Any supervisor or other administrator who receives a written or oral complaint of disability discrimination from an employee shall forward it immediately to the Director of ODE for investigation. The President will, based on the report provided by the Director of ODE, make a final decision on the matter within a reasonable time. No Retaliation or Coercion

The University will not retaliate against, coerce, intimidate, threaten, harass, or interfere with any individual exercising or enjoying his or her rights under the ADA or Connecticut law or because an individual aided or encouraged any other individual in the exercise of rights granted or protected by the ADA or Connecticut. Definitions

•

An individual with a disability is a person with: • a physical or mental impairment that substantially limits one or more major life activities; • has a record of such impairment; • or is regarded as having such impairment. A charging party must satisfy at least one of these three parts of the definition to be considered an individual with a "disability." The definition of "disability" is construed in favor of broad coverage to the maximum extent permitted. Also note that an "impairment" that is episodic or in remission is a "disability" if it would substantially limit a major life activity when active. (See ADAAA) The ADAAA prohibits the consideration of mitigating measures such as medications (i.e. for blood pressure), or medical supplies, prosthetics, hearing aids, mobility devices and assistive technology, in determining whether an individual has a disability.

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Direct threat is a significant risk of substantial harm that cannot be eliminated or reduced to an acceptable level by a reasonable accommodation.

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Equal employment opportunity means an opportunity for a qualified individual with a disability to perform the essential job functions or to enjoy the benefits and privileges of employment that are available to similarly situated individuals who are not disabled.

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Essential functions are the fundamental job duties or requirements of a position. Essential functions are such that they cannot be eliminated or substantially modified without changing the nature of the position. Essential functions do not include the marginal functions of the position.

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Health Care Professional means a person who has completed a course of study and is licensed to practice in a field of health care which includes the diagnoses and assessment of the particular disability or disabilities in question and is the basis of the accommodation request.

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Impairment is a physiological disorder affecting one or more of a number of body systems or a mental or psychological disorder.

The following conditions are not impairments: • environmental, cultural, and economic disadvantages • homosexuality and bisexuality • pregnancy • physical characteristics • common personality traits • normal deviations in height, weight, or strength.

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Interactive process is the good faith effort by both SCSU and a qualified individual with a disability seeking reasonable accommodation to engage in discussion and exchange information and ideas necessary to administrate this procedure.

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The job analysis evaluates the position's physical or cognitive requirements and identifies essential job elements. Essential job elements are those that the applicant or employee must be able to perform, with or without accommodation. They cannot be removed from the position without changing its nature. Duties that are not essential may be modified, eliminated, replaced, or restructured as part of the accommodation process.

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Need to know is the basis upon which it is determined who should be made aware of medical restrictions, accommodation requests and other pertinent information that may be confidential or protected by privacy rights or statutes.

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A qualified individual with a disability is defined as one who possesses the requisite skills, education, experience and training for a position, and who

can, with or without reasonable accommodation, perform the essential functions of the position the individual desires or holds. •

A major life activity is an activity that an average person can perform with little or no difficulty. Examples are: • • • • •

walking, seeing, hearing, speaking, breathing, performing manual tasks, caring for oneself, working, sitting, standing, lifting, eating, sleeping, bending, reading, learning, concentrating, thinking, and communicating.

The ADAAA also introduces a non-exclusive list of major bodily functions which constitute major life activities. The list includes, but is not limited to: • functions of the immune system; • normal cell growth; and • functions involving the digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive systems. •

Reasonable accommodation means modifying or adjusting practices, procedures, policies, job duties, or the work environment or job application process so that a qualified individual with a disability can perform a position's essential functions, and/or enjoy equal employment opportunity. Reasonable accommodation will be implemented as long as: • It is medically necessary as documented by competent medical evidence establishing a relationship between the disability and the need for accommodation, and • It does not impose an undue hardship on the University.

The ADAAA provides that transitory and minor impairments which have an actual or expected duration of less than six months are not considered disabilities under the "regarded as" prong of the definition of disability. An employer is not required to provide a reasonable accommodation or make reasonable modifications to policies, practices, or procedures for an individual who meets the "regarded as" prong of the definition of disability. The ADAAA provides that reasonable accommodations are only required for individuals who can demonstrate they have an impairment that substantially limits a major life activity, or a record of such impairment. •

An individual has a record of a substantially limiting impairment if she or he: • has a history of a substantially limiting impairment or • has been misclassified as having a substantially limiting impairment.

•

An individual is regarded as having a substantially limiting impairment if he or she: • has an impairment that does not substantially limit major life activities but is treated by a covered entity as constituting such limitation, • has an impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment, or • has no impairment but is treated by a covered entity as having a substantially limiting impairment. An employer regards an individual as having an impairment that substantially limits the major life activity of working if it treats the individual as having an impairment that disqualifies or significantly restricts the individual from working in a class of jobs or a broad range of jobs in various classes.

•

Substantially limits: When a person is significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills, and abilities. • An impairment is substantially limiting if it prohibits or significantly restricts an individual's ability to perform a major life activity as compared to the ability of the average person in the general population to perform the same activity.

•

The determination of whether an impairment substantially limits a major life activity depends on the nature and severity of the impairment, the duration or expected duration of the impairment, and the permanent or long-term impact of the impairment.

•

An impairment substantially limits an individual's ability to work if it prevents or significantly restricts the individual from performing a class of jobs or a broad range of jobs in various classes.

•

Although very short-term, temporary restrictions generally are not substantially limiting, an impairment does not have to be permanent to rise to the level of a disability. Temporary impairments that take significantly longer than normal to heal, long-term impairments, or potentially long-term impairments of indefinite duration may be disabilities if they are severe.

•

Chronic or episodic disorders that are substantially limiting when active or have a high likelihood of recurrence in substantially limiting forms may be disabilities.

•

An individual who has two or more impairments that are not substantially limiting by themselves but that together 9

substantially limit one or more major life activities, has a disability.

•

Undue hardship means, among other things, an excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the institution or program.

Exclusions A person who currently uses illegal drugs is not protected by the ADA. However a person who is in or has completed drug rehab and is no longer illegally using drugs is covered under the ADA. A record or perception of occasional, casual use of drugs does not constitute a disability. Also excluded because they are not impairments are pregnancy, homosexuality and bisexuality, sexual and behavior disorders such as transvestitism, transsexuals, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders. Compulsive gambling, kleptomania or pyromania, or psychoactive substance disorders resulting from current illegal use of drugs are also excluded. Authority and Reference • Sections 503 and 504 of the Rehabilitation Act of 1973 as amended; • Americans with Disabilities Act of 1990 • 29 C.F.R Part 1630: 29 C.F.R Part 1640: 29 C.F.R Part 1641 • Veterans w/Service-Connected Disabilities in the Workplace and the ADA. • Title VI and VII of the Civil Rights Act of 1964 • Equal Employment Opportunity Commission • US Department of Labor, Office of Disability Employment • US Department of Justice, Disability Rights Section • Executive Order 12250 (President Carter) • Conn. Gen. Stat. 10-297; 46a-64; 17b-608; 31-136; 4-61aa; 17a-274 (c). • SCSU Employee Handbook • Connecticut State University System Board of Trustees Policy Book 1.14 "Policy on Persons with Disabilities" (BR #2000-62) • State of Connecticut Manager's Guide (Compiled by DAS) • ADA Amendments Act Of 2008 Exceptions Any exceptions to the procedures in this Policy shall require prior written approval from the President of this University.

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President's Commission Online Forum

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Suuthem Conncclicul Stale Universily >Development> President's Commission Online Forum

PRESIDENT'S COMMISSION ONLINE FORUM In an effort to initiate and foster dialogue among all members of the campus community, the President's Commission on Campus Climate and Inclusion has created a moderated online forum to gather information to help identify and evaluate major areas of concern. Your participation will further the university's goal to establish a safe community characterized by mutual respect. Click on any of the discussion prompts below to access our online forum and share your opinions. Please use this moderated forum as an opportunity for spirited debate- and remember to respect the rights of others when posting. The university reserves the right to edit or delete any comments submitted to this forum without notice that may be deemed to be spam or questionable spam; that contain profanity, language or concepts that could be deemed offensive; or comments that attack a person individually.

Think of a time when you felt wckome and included: what abont thall'xpcricncc made it fed" elcoming and indusiYe?

What does indusionlonk, sound, and feel like to yon?

If yon could change one thing at SCSU related to dh·ersity or inclusivity, what would it be?

If yon could choose one b~rricr to s uc<·<·ss relate<.! to diversity at SCSU. wh~t would it be?

If you were

dcsigning~·om ver~ion

of a peti"t•.et camp11s dimate at SCSU, what would it look like? What

elements would be involved?

Who ht'ars the responsibility of man~ging diversity on the campus? Administration, faculty, staff, students?

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6/20114 9:21AM

President's Commission on Campus Climate and Inclusion Guided Discussions Prompts

1. Think of a time when you felt welcome and included: what about that experience made it feel welcoming and inclusive? 2. What does inclusion look, sound, and feel like to you? 3. If you could change one thing at SCSU related to diversity or inclusivity, what would it be? 4. If you could choose one barrier to success related to diversity at SCSU, what would it be? 5. If you were designing your version of a perfect climate at SCSU, what would it look like? What elements would be involved? 6. Who bears the responsibility of managing diversity on the campus? Administration, Faculty, Staff, students?