Stalking August 15 2016 Sarah O Edwards Associate General Counsel Title IX Federal law requires the university to Investigate allegations of sex discrimination including sexual harassmentsexual violence relationship violence and stalking ID: 633802
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Slide1
Helping UNC Charlotte Respond to Sexual Misconduct, Relationship Violence, and
Stalking
August 15, 2016
Sarah O. Edwards
Associate General CounselSlide2
Title IX
Federal law requires the university to:
Investigate allegations of sex discrimination, including sexual harassment/sexual violence, relationship violence, and stalking
Take prompt and effective steps to . . .
end the harassment/violence,
e
liminate the hostile environment,
p
revent its recurrence, and
r
emedy its effectsSlide3
Responsible Employees:
All faculty members are responsible employees and must share information about the incident with the Title IX Coordinator or a Deputy Coordinator
Students need to know that you cannot keep this information
confidential (standard syllabus language available at http://legal.uncc.edu/legal-topics/classroom-policies-and-practices) Contact Jennifer Newell, Title IX Coordinator7-6130, jnewel12@uncc.edu
What That Means for YouSlide4
Incidents to report
Sexual harassment
=
unwelcome conduct of a sexual nature that creates a hostile environment (severe, persistent, or pervasive)Gender-based harassment = unwelcome conduct based on an individual’s actual or perceived gender that creates a hostile environment (severe, persistent, or pervasive)Sexual assault = sexual act (intercourse or oral sex) or sexual contact (touching of intimate parts) without consent
Sexual exhibitionism
= engaging in sex or exposing one’s intimate parts (buttocks, genitalia, groin, breast (unless breastfeeding)) in the presence of others
Sexual exploitation
= taking abusive sexual advantage of someone (e.g.
non-consensual
explicit photographs, prostituting someone, voyeurism, etc.)Slide5
Incidents to report
Stalking
= two or more acts directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or (b) suffer substantial emotional distress
Relationship violence = * physical or sexual violence, or threat of such violence, against current or
former
dating partner (dating violence
)
*
crime of violence against
current or former spouse, cohabitating intimate
partner, child, parent
, or other parent of child (domestic violence)
Retaliation
= threats/intimidation/harassment against someone who engaged in protected activity (e.g. filed a complaint, is participating as a witness, etc.)
* All of these violations (except
harassment, stalking,
and retaliation) include
attempts
to commit the acts and assisting someone else in
committing
the acts.Slide6
Confidentiality
Only
these places on campus can provide confidentiality:
Counseling CenterStudent Health CenterCenter for Wellness Promotionpsychologists in Athletics DepartmentGraduate School ombuds (not
faculty
ombuds
)
Title IX Coordinator will keep information as private as possible, only involving individuals who need to know
Victims/survivors
are very much in control of the process even once their incident has been
reported (including decision of whether to involve police)Slide7
Incident ReportSlide8
Interpersonal Violence Resource Guide
• Give
victim/survivor
a printed copy (if not handy, email
it
as soon
as possible)
• Available at
http
://titleix.uncc.edu/students
• Information on resources,
confidentiality
,
DV
protection,
evidence
preservation,
relevant contact info,
student conduct process
, etc.Slide9
Student
Support Process
Resources:
counseling health or mental healthvictim advocacyAccommodations:academicUniversity housingtransportationUniversity employmentSlide10
Student
Conduct Process
(1) Complaint
(2) Meetings to discuss resources, accommodations, process(3) Complainant decides next steps(4) Title IX investigation
(5) Mutual resolution (if offered and accepted by both Respondent and Complainant)
(6) Hearing by single trained hearing officer
(7) Decision communicated to both parties
(8) Both parties can appeal
(9) Both parties are kept informed of changesSlide11
Another Note
Recent federal guidance is clear that universities must treat students consistently with their gender identities.
Using “Mr.” or “he” when addressing a transgender female (and vice versa) could be considered harassment under Title IX.
Faculty should use a student’s preferred name even if it does not conform to the class roster and regardless of whether the name has been legally changed.University is working on a preferred name policy.Slide12
Campus
SaVE
Act
Think About It online moduledistributed to all incoming studentsincludes interactive scenarios discussing sexual assault, relationship violence, stalking, and consent as well as warning signs, risk reduction, and bystander interventionWhat if a faculty member is a victim of these offenses?
PowerPoint distributed to you soon
Lori McMahon, Associate Provost for Academic Budget and
Personnel, is contact person for investigations and resolutions
If student perpetrator, process goes through Title IX Office (investigation) and Office of Student Conduct (adjudication)Slide13
Counseling Center (for students)
158 Atkins, 7-0311
Center for Wellness
Promotion 290 Student Health Center, 7‑7407
Office of Legal Affairs
3
rd
floor Cato, 7‑5732
Jennifer Newell (TIXC)
119 King, 7-6130
Lori McMahon (Associate Provost)
515 Reese, 7-5774
Dean of Students Office
217 King, 7-0345
Contact Us!