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
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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