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Campus Assaults: What is Your College’s Campus Assaults: What is Your College’s

Campus Assaults: What is Your College’s - PowerPoint Presentation

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Campus Assaults: What is Your College’s - PPT Presentation

Responsibility amp Liability Bob Joyce UNC School of Government September 4 2014 1964 Congress passes Title VII of the Civil Rights Act 1964 Congress passes Title VII of the Civil Rights Act ID: 415429

sexual title harassment vii title sexual vii harassment conduct experience passes congress severe sufficiently hostile discrimination persistent participate consent

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Slide1

Campus Assaults: What is Your College’s Responsibility & Liability?

Bob Joyce

UNC School of Government

September 4, 2014Slide2

1964

Congress passes Title VII of the Civil Rights ActSlide3

1964

Congress passes Title VII of the Civil Rights Act

Title VII bans discrimination because ofSlide4

1964

Congress passes Title VII of the Civil Rights Act

Title VII bans discrimination because of

raceSlide5

1964

Congress passes Title VII of the Civil Rights Act

Title VII bans discrimination because of

race

color Slide6

1964

Congress passes Title VII of the Civil Rights Act

Title VII bans discrimination because of

race

color

religion Slide7

1964

Congress passes Title VII of the Civil Rights Act

Title VII bans discrimination because of

race

color

religion

national originSlide8

1964

Congress passes Title VII of the Civil Rights Act

Title VII bans discrimination because of

race

color

religion

national origin

sexSlide9

1974

Title VII case:

“inharmonious personal relationship”Slide10

Late 1970s

Quid pro quo sexual harassment

Violation of Title VII if there was sexual harassment that resulted in some kind of tangible job detrimentSlide11

1981

Title VII case

“an employer violates Title VII merely by subjecting female employees to sexual harassment, even if the employee’s resistance to that harassment does not cause the employer to deprive her of any tangible job benefits”Slide12

1972

Congress passes Title IXSlide13

1972

Congress passes Title IX

Title IX bans discrimination on the basis of sexSlide14

Title IX

Congress passes Title IX

Title IX bans discrimination on the basis of sex

What is

discrimination

on the basis of sexSlide15

Title IX

Direct, intentional unequal treatment, yes.Slide16

Title IX

Direct, intentional unequal treatment, yes

But what about sexual harassment?Slide17

EEOC Definition: Title VII

Sexual harassment

“Effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.”Slide18

OCR Definition: Title IX

Sexual harassment:

“sufficiently

severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an education program or activity, or to create a hostile or abusive educational

environment”

1997Slide19

OCR Definition: Title IX

Sexual harassment:

sufficiently severe, persistent, or pervasive

to limit a student’s ability to participate in or benefit from an education program or activity, or to create a hostile or abusive educational environment”

1997Slide20

OCR Definition: Title IX

“sufficiently severe, persistent, or pervasive” Slide21

OCR Definition: Title IX

“a single or isolated incident of sexual harassment may, if sufficiently severe, create a hostile environment”Slide22

2006

UNC case

“those exceptional cases where a single incident of sexual harassment, such as sexual assault or rape, has been deemed sufficient to raise a jury question.”Slide23

Late 2000s

Under Title IX

Sexual harassment is a form of unlawful discrimination on account of sex

If “sufficiently severe, persistent, or pervasive”

A single incident may meet that standardSlide24

2011

Dear Colleague LetterSlide25

2011Dear Colleague Letter

Student-run honor court may not be the proper forumSlide26

2011Dear Colleague Letter

Student-run honor court may not be the proper forum

Can’t wait for the policeSlide27

2011Dear Colleague Letter

Student-run honor court may not be the proper forum

Can’t wait for the police

Must use the “preponderance of the evidence” standardSlide28

TodaySexual harassment:

“sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an education program or activity, or to create a hostile or abusive educational environment”

1997Slide29

TodaySexual harassment:

sufficiently severe, persistent, or pervasive

to limit a student’s ability to participate in or benefit from an education program or activity, or to create a hostile or abusive educational environment”

1997Slide30

TodaySexual harassment:

“sufficiently severe, persistent, or pervasive

to limit a student’s ability to participate in or benefit from an education program or activity

, or to create a hostile or abusive educational environment”

1997Slide31

TodaySexual harassment:

“sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an education program or activity,

or

to create a hostile or abusive educational environment”

1997Slide32

TodaySexual harassment:

“sufficiently severe, persistent, or pervasive to limit a student’s ability to participate in or benefit from an education program or activity, or

to create a hostile or abusive educational environment

1997Slide33

TodayConduct on campus or in connection with a college eventSlide34

TodayConduct on campus or in connection with a college event

Conduct off campusSlide35

TodayConduct on campus or in connection with a college event

Conduct off

campus

Limits a student’s ability to participate or benefit

Creates a hostile or abusive educational environmentSlide36

My ExperienceSlide37

My Experience

ID10TSlide38

My ExperienceWhat conduct occurred?Slide39

My ExperienceWhat conduct occurred?

Was there consent?Slide40

My ExperienceWhat conduct occurred?

Was there consent?

“Sexual harassment also includes sexual misconduct.”Slide41

My ExperienceWhat conduct occurred?

Was there consent?

“Sexual misconduct refers to physical sexual acts perpetrated against a person without their Consent”Slide42

My ExperienceWhat conduct occurred?

Was there consent?

Role of alcoholSlide43

My ExperienceWhat conduct occurred?

Was there consent?

Role of

alcohol

“or where a person is incapable of giving Consent due to the person’s use of drugs, alcohol, or other impairing substances.”Slide44

My ExperienceWhat conduct occurred?

Was there consent?

Role of alcohol

“The relevant standard . . . is whether the person alleged to have engaged in sexual misconduct knew, or a sober, reasonable person in the same position should have known, that the Complainant was incapacitated.”Slide45

My ExperienceTwo students, off campus, drink alcohol together voluntarily

They both become intoxicated

They engage in sexual contact

One student subsequently asserts that consent was not given because that student was incapacitated by the use of alcoholSlide46

My ExperienceWhat conduct occurred?

Was there consent?

Role of alcohol

Role of attorneys

In UNC disciplinary hearings, students “shall have the right to be represented . . . by a licensed attorney . . . who may fully participate during any disciplinary procedure”Slide47

Active Questions

How to educate students

How to receive and investigate reports

How to cooperate with law enforcement

How to conduct investigations and hearings

How to deal fairly with

all parties