Advanced Title IX Coordinator Workshop Intake and
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Advanced Title IX Coordinator Workshop Intake and Supportive Measures Introduction Andrew Stammel Associate Counsel, SUNY System Administration Office of General Counsel Andrew served for twelve years as the Title IX Coordinator
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Advanced Title IX Coordinator Workshop Intake and Supportive Measures<br>
02
Introduction Andrew Stammel
Associate Counsel, SUNY System Administration
Office of General Counsel Andrew served for twelve years as the Title IX Coordinator/ Affirmative Action Officer/ Assistant to the Chief Diversity Officer for SUNY Oneonta. He served as a member of the Office of Equity and Inclusion and managed the university's response to a variety of civil rights related matters. Prior to that, he worked in a small but busy litigation-focused firm in Stamford, New York. Andrew has managed a solo law practice in the City of Oneonta since 2011 and has provided public service to the community as a member of the Oneonta Town Board for one term and an Otsego County Representative for three terms.<br>
Associate Counsel, SUNY System Administration
Office of General Counsel Andrew served for twelve years as the Title IX Coordinator/ Affirmative Action Officer/ Assistant to the Chief Diversity Officer for SUNY Oneonta. He served as a member of the Office of Equity and Inclusion and managed the university's response to a variety of civil rights related matters. Prior to that, he worked in a small but busy litigation-focused firm in Stamford, New York. Andrew has managed a solo law practice in the City of Oneonta since 2011 and has provided public service to the community as a member of the Oneonta Town Board for one term and an Otsego County Representative for three terms.<br>
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Learning Outcomes 1 Assess which laws and procedures apply to a fact pattern. 2 3 Describe supportive measures available to parties. 4 Devise how supportive measures would be deployed at your institution. Examine legal requirements related to the implementation of supportive measures. Formulate institutional responses to a complex and evolving sexual misconduct situation. 5<br>
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Re-introduction to Supportive Measures Title IX and State Law<br>
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Title IX Supportive Measures Definition in Section 106.30 Supportive measures means
Non- disciplinary, non-punitive
Individualized services offered as appropriate, as reasonably available, and
Without fee or charge to the complainant or the respondent
Before or after the filing of a formal complaint or where no formal complaint has been filed.
Goal of Supportive Measures:
Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment.<br>
Non- disciplinary, non-punitive
Individualized services offered as appropriate, as reasonably available, and
Without fee or charge to the complainant or the respondent
Before or after the filing of a formal complaint or where no formal complaint has been filed.
Goal of Supportive Measures:
Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment.<br>
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1. Jazzed Up Case Study: Initial Report Initial Report:
You are the TIXC and receive a call from the advisor of Jazzed Up, a jazz band and recognized student club. She wanted to report an incident from the previous weekend. Members of Jazzed Up were traveling out of state to an event at another college. After their performance, members went to downtown bars, along with some friends and fans who also made the trip. Several members witnessed student member Colin become intoxicated and start a loud argument with his girlfriend student non-member, Olivia. When Olivia attempted to leave, Colin grabbed her by the arms and held her against the wall. Friends quickly stepped in to separate them and made sure that Olivia got safely to a friend’s hotel room. The next morning, they called the advisor to ask what they should do. They stated that they were reluctant to report this but something similar happened last semester at the off campus Jazzed Up house. When the advisor received the call, Colin and Olivia were already on their way home in separate cars.<br>
You are the TIXC and receive a call from the advisor of Jazzed Up, a jazz band and recognized student club. She wanted to report an incident from the previous weekend. Members of Jazzed Up were traveling out of state to an event at another college. After their performance, members went to downtown bars, along with some friends and fans who also made the trip. Several members witnessed student member Colin become intoxicated and start a loud argument with his girlfriend student non-member, Olivia. When Olivia attempted to leave, Colin grabbed her by the arms and held her against the wall. Friends quickly stepped in to separate them and made sure that Olivia got safely to a friend’s hotel room. The next morning, they called the advisor to ask what they should do. They stated that they were reluctant to report this but something similar happened last semester at the off campus Jazzed Up house. When the advisor received the call, Colin and Olivia were already on their way home in separate cars.<br>
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Title IX Supportive Measures Definition in Section 106.30 (continued) Supportive measures may include
counseling,
extensions of deadlines or other course-related adjustments,
modifications of work or class schedules,
campus escort services,
mutual restrictions on contact between the parties,
changes in work or housing locations,
leaves of absence,
increased security and monitoring of certain areas of the campus,
and other similar measures.
Confidentiality:
The recipient must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the supportive measures.
Responsibility:
The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.<br>
counseling,
extensions of deadlines or other course-related adjustments,
modifications of work or class schedules,
campus escort services,
mutual restrictions on contact between the parties,
changes in work or housing locations,
leaves of absence,
increased security and monitoring of certain areas of the campus,
and other similar measures.
Confidentiality:
The recipient must maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the recipient to provide the supportive measures.
Responsibility:
The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.<br>
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2. Jazzed Up Case Study: Intake Intake meeting:
You sent email outreach to Olivia and she replied and scheduled an intake meeting with you. During the intake Olivia minimizes the bar incident, stating that Colin has been stressed out and was not trying to harm her. But she confirms that their relationship is in a bad place right now and she needs time away from him to work through her own thoughts and feelings. Olivia reiterates that she thinks he will respect these boundaries and she does not want him to know you talked to her. You try to assess for safety and ask if anything happened previously that made her uncomfortable and she says early in their relationship they had to work through their different expectations related to sex but that’s in the past.
What are your next steps? Any Supportive Measures appropriate here?
Share in the chat!<br>
You sent email outreach to Olivia and she replied and scheduled an intake meeting with you. During the intake Olivia minimizes the bar incident, stating that Colin has been stressed out and was not trying to harm her. But she confirms that their relationship is in a bad place right now and she needs time away from him to work through her own thoughts and feelings. Olivia reiterates that she thinks he will respect these boundaries and she does not want him to know you talked to her. You try to assess for safety and ask if anything happened previously that made her uncomfortable and she says early in their relationship they had to work through their different expectations related to sex but that’s in the past.
What are your next steps? Any Supportive Measures appropriate here?
Share in the chat!<br>
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2. Jazzed Up Case Study: Intake Analysis Scope Reminder:
Hostile environment SH: severe, pervasive, objectively offensive
Sexual Assault
Dating/Domestic Violence
Stalking
Jurisdiction Reminder:
In the United States
On campus and other locations where institution has “substantial control”
Includes off campus houses owned or controlled by officially recognized student organization.<br>
Hostile environment SH: severe, pervasive, objectively offensive
Sexual Assault
Dating/Domestic Violence
Stalking
Jurisdiction Reminder:
In the United States
On campus and other locations where institution has “substantial control”
Includes off campus houses owned or controlled by officially recognized student organization.<br>
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2. Jazzed Up Case Study: State Law Considerations New York Practice Note- Article 129-B Notification
“You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.”<br>
“You have the right to make a report to university police or campus security, local law enforcement, and/or state police or choose not to report; to report the incident to your institution; to be protected by the institution from retaliation for reporting an incident; and to receive assistance and resources from your institution.”<br>
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2. Jazzed Up Case Study: Intake New York Practice Note- Article 129-B Student Bill of Rights
All students have the right to:
1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;<br>
All students have the right to:
1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by the institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;<br>
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2. Jazzed Up Case Study: Intake New York Practice Note- Article 129-B Student Bill of Rights (continued)
All students have the right to:
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.”<br>
All students have the right to:
7. Describe the incident to as few institution representatives as practicable and not be required to unnecessarily repeat a description of the incident;
8. Be protected from retaliation by the institution, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.”<br>
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3. Jazzed Up Case Study: Second Report Second Report:
One week goes by and you receive a call from David, an RD on 6th Floor North, Park Tower, a residence hall on campus. David reports that an incident occurred last night with one of his RA’s, Colin (yes, the very same Colin). David has concerns about Colin who had been one of his strongest student workers but who has been withdrawn and quiet for a month or so. Last night he heard a loud commotion from David’s room. It sounded like yelling and something heavy falling to the floor. As David approached the room, he heard Colin yell, “You’re ruining my life! Stay away from me!” David knocked on the door and Colin answered. Olivia was standing behind him. Both students had red faces and looked like they had been crying. Olivia said everything was fine and she left to go back to her room on 2nd Floor South. Colin did not want to talk about what happened but he was receptive when David mentioned the Title IX Coordinator so David agreed to set up an appointment for him.<br>
One week goes by and you receive a call from David, an RD on 6th Floor North, Park Tower, a residence hall on campus. David reports that an incident occurred last night with one of his RA’s, Colin (yes, the very same Colin). David has concerns about Colin who had been one of his strongest student workers but who has been withdrawn and quiet for a month or so. Last night he heard a loud commotion from David’s room. It sounded like yelling and something heavy falling to the floor. As David approached the room, he heard Colin yell, “You’re ruining my life! Stay away from me!” David knocked on the door and Colin answered. Olivia was standing behind him. Both students had red faces and looked like they had been crying. Olivia said everything was fine and she left to go back to her room on 2nd Floor South. Colin did not want to talk about what happened but he was receptive when David mentioned the Title IX Coordinator so David agreed to set up an appointment for him.<br>
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4. Jazzed Up Case Study: Colin Intake Colin Intake:
Colin meets you at your office and he appears less distressed today but still sad. You assess that he has no safety concerns but he reports that since the Jazzed Up trip, he has needed space from Olivia. She continues to text him and has shown up uninvited at the Jazzed Up house and multiple times at his dorm room. You suggest an NCO as a possible supportive measure and he declines, saying that will only make things worse. Olivia has been falsely alleging that he sexually assaulted her and he has no idea what that’s about but it’s turning his friends against him. Colin wants to keep this situation informal and reduce conflict. But he recognizes he needs mental health counseling and will take advantage of that supportive measure.
Questions for Discussion:
Could Colin have a basis for his own TIX Formal Complaint?
Both parties have rejected an NCO. Is this something TIX should be pursuing?
What considerations might go into an NCO in this case?<br>
Colin meets you at your office and he appears less distressed today but still sad. You assess that he has no safety concerns but he reports that since the Jazzed Up trip, he has needed space from Olivia. She continues to text him and has shown up uninvited at the Jazzed Up house and multiple times at his dorm room. You suggest an NCO as a possible supportive measure and he declines, saying that will only make things worse. Olivia has been falsely alleging that he sexually assaulted her and he has no idea what that’s about but it’s turning his friends against him. Colin wants to keep this situation informal and reduce conflict. But he recognizes he needs mental health counseling and will take advantage of that supportive measure.
Questions for Discussion:
Could Colin have a basis for his own TIX Formal Complaint?
Both parties have rejected an NCO. Is this something TIX should be pursuing?
What considerations might go into an NCO in this case?<br>
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TIME FOR AN ATTENDANCE CHECK ATTENDANCE QUIZ APPEARS DURING THE TRAINING BREAK FOR A LIMITED TIME. PLEASE TAKE THE QUIZ IMMEDIATELY ONCE IT IS POSTED IN THE CHAT. If you are brought to a login page, please sign into your SUNY SCI account using the local login function, this should bring you to the attendance check page where you can begin the quiz.
Complete the attendance check survey in the same browser in which you are accessing this Zoom call.
Log into your SUNY SCI Dashboard, scroll down to the My Courses section, select today's L@D course and choose the Attendance Checks module where you can complete the check. 😊
If you experience issues, please direct message @StudentConductInstitute in the Zoom chat or email STUDENTCONDUCTINSTITUTE@SUNY.EDU.<br>
Complete the attendance check survey in the same browser in which you are accessing this Zoom call.
Log into your SUNY SCI Dashboard, scroll down to the My Courses section, select today's L@D course and choose the Attendance Checks module where you can complete the check. 😊
If you experience issues, please direct message @StudentConductInstitute in the Zoom chat or email STUDENTCONDUCTINSTITUTE@SUNY.EDU.<br>
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5. Jazzed Up Case Study: NCO’s Mutual or One Way?
Title IX: Supportive Measures:
Rationale: Prevent Retaliation, Maintain Educational Access, Preserve Investigation Integrity, Prevent contamination of evidence or witness testimony, Ensure Safety
“are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment…”
Supportive Measures may include…mutual restrictions on contact between the parties….”
Preamble notes one-way orders may be appropriate if not “unreasonable burden”, based on a fact-specific inquiry. <br>
Title IX: Supportive Measures:
Rationale: Prevent Retaliation, Maintain Educational Access, Preserve Investigation Integrity, Prevent contamination of evidence or witness testimony, Ensure Safety
“are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual harassment…”
Supportive Measures may include…mutual restrictions on contact between the parties….”
Preamble notes one-way orders may be appropriate if not “unreasonable burden”, based on a fact-specific inquiry. <br>
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5. Jazzed Up Case Study: NCO’s Mutual or One Way?
State law considerations reminder/NYS 129-B example: Response to Reports:
4. Every institution shall ensure that individuals are provided the following protections and accommodations:
a. When the accused or respondent is a student, to have the institution issue a “no contact order” consistent with institution policies and procedures, whereby continued intentional contact with the reporting individual would be a violation of institution policy subject to additional conduct charges; if the accused or respondent and a reporting individual observe each other in a public place, it shall be the responsibility of the accused or respondent to leave the area immediately and without directly contacting the reporting individual.<br>
State law considerations reminder/NYS 129-B example: Response to Reports:
4. Every institution shall ensure that individuals are provided the following protections and accommodations:
a. When the accused or respondent is a student, to have the institution issue a “no contact order” consistent with institution policies and procedures, whereby continued intentional contact with the reporting individual would be a violation of institution policy subject to additional conduct charges; if the accused or respondent and a reporting individual observe each other in a public place, it shall be the responsibility of the accused or respondent to leave the area immediately and without directly contacting the reporting individual.<br>
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6. Jazzed Up Case Study: NCO’s Issued NCO’s Issued:
You decided to follow the standard TIX NCO approach and issue a mutual NCO to both parties.
The parties are to refrain from all communication and to avoid their respective floors of Park Tower.
To avoid contact, Colin will use the North elevator and Olivia the South.
There is a detailed schedule for when the parties can utilize the college library and gym.
The NCO also includes a requirement that Olivia not go to the Jazzed Up house, because Colin is a member and she is not.
Colin is satisfied with the terms of the NCO but Olivia contacted you with her objections.<br>
You decided to follow the standard TIX NCO approach and issue a mutual NCO to both parties.
The parties are to refrain from all communication and to avoid their respective floors of Park Tower.
To avoid contact, Colin will use the North elevator and Olivia the South.
There is a detailed schedule for when the parties can utilize the college library and gym.
The NCO also includes a requirement that Olivia not go to the Jazzed Up house, because Colin is a member and she is not.
Colin is satisfied with the terms of the NCO but Olivia contacted you with her objections.<br>
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7. Jazzed Up Case Study: NCO Reviews Title IX NCO review:
Appeals. (i) A recipient must offer both parties an appeal from a determination regarding responsibility, and from a recipient’s dismissal of a formal complaint or any allegations therein
State Law Reminder/NY Practice Note: Article 129-B NCO review:
Both the accused or respondent and the reporting individual shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request.
And Follow Your Policies!<br>
Appeals. (i) A recipient must offer both parties an appeal from a determination regarding responsibility, and from a recipient’s dismissal of a formal complaint or any allegations therein
State Law Reminder/NY Practice Note: Article 129-B NCO review:
Both the accused or respondent and the reporting individual shall, upon request and consistent with institution policies and procedures, be afforded a prompt review, reasonable under the circumstances, of the need for and terms of a no contact order, including potential modification, and shall be allowed to submit evidence in support of his or her request.
And Follow Your Policies!<br>
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8. Jazzed Up Case Study: Emergency Removal Olivia’s Review Request:
Olivia submitted a written review request according to your campus procedures. She objects to being prevented from visiting the Jazzed Up house because that is her primary social circle. Even though he’s a member, Colin does not live there. It is not fair that she’s the victim and is being excluded. She would like this term modified.
In her submission, Olivia adds information to her previous allegations. She alleges that Colin sexually assaulted her last semester after a party at the Jazzed Up house. When she confronted him about it, he became physically rough with her. His pattern of control and monitoring increased throughout their relationship, but there had not been any other physical incidents until the recent trip. She does not currently feel threatened by him but feels he could be a danger to himself. He has a pattern of texting her when he’s depressed and especially when he’s drunk. A couple of times he has said that she’s “killing him” and she will “be sorry.”
Discussion Question: How would you respond to the request to modify the NCO?
Answer in the chat: Have we reached a point where emergency removal or interim suspension of Colin is appropriate? Yes or No!<br>
Olivia submitted a written review request according to your campus procedures. She objects to being prevented from visiting the Jazzed Up house because that is her primary social circle. Even though he’s a member, Colin does not live there. It is not fair that she’s the victim and is being excluded. She would like this term modified.
In her submission, Olivia adds information to her previous allegations. She alleges that Colin sexually assaulted her last semester after a party at the Jazzed Up house. When she confronted him about it, he became physically rough with her. His pattern of control and monitoring increased throughout their relationship, but there had not been any other physical incidents until the recent trip. She does not currently feel threatened by him but feels he could be a danger to himself. He has a pattern of texting her when he’s depressed and especially when he’s drunk. A couple of times he has said that she’s “killing him” and she will “be sorry.”
Discussion Question: How would you respond to the request to modify the NCO?
Answer in the chat: Have we reached a point where emergency removal or interim suspension of Colin is appropriate? Yes or No!<br>
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8. Jazzed Up Case Study: Emergency Removal Title IX Emergency Removal
Prompt & Individualized safety & risk analysis
Immediate threat to physical health or safety arising from allegations
Make findings
Are there any lesser means to address concerns?
Notice & immediate opportunity to challenge decision
Why is the bar so high?
Interim measure with little due process
Major impact on respondent’s educational experience<br>
Prompt & Individualized safety & risk analysis
Immediate threat to physical health or safety arising from allegations
Make findings
Are there any lesser means to address concerns?
Notice & immediate opportunity to challenge decision
Why is the bar so high?
Interim measure with little due process
Major impact on respondent’s educational experience<br>
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8. Jazzed Up Case Study: Removal/ Suspension Some Factors to Consider
Was violence mentioned? Against a specific person or group?
Is there a weapon and/or was use of a weapon suggested?
Is there a history of violence? Is it escalating?
What is the level of danger/impact on the community?
Any behavioral or conduct history? History of non-compliance?
Past or current drug/alcohol influence?
Best Practices for Process
Organized team review
Standardized rubric for safety analysis<br>
Was violence mentioned? Against a specific person or group?
Is there a weapon and/or was use of a weapon suggested?
Is there a history of violence? Is it escalating?
What is the level of danger/impact on the community?
Any behavioral or conduct history? History of non-compliance?
Past or current drug/alcohol influence?
Best Practices for Process
Organized team review
Standardized rubric for safety analysis<br>
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8. Jazzed Up Case Study: Interim Suspension Interim Suspension Under Code (w/ 129-B considerations)
Review right: afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of his or her request
Due process: institution must conduct some review, and it may be short of a hearing; must notify the other party of the request to modify and decision
State law considerations here (NYS 129B example): When the accused or respondent is a student determined to present a continuing threat to the health and safety of the community, to subject the accused or respondent to interim suspension pending the outcome of a judicial or conduct process.
Consider: how prepared is your campus to handle these decisions?<br>
Review right: afforded a prompt review, reasonable under the circumstances, of the need for and terms of an interim suspension, including potential modification, and shall be allowed to submit evidence in support of his or her request
Due process: institution must conduct some review, and it may be short of a hearing; must notify the other party of the request to modify and decision
State law considerations here (NYS 129B example): When the accused or respondent is a student determined to present a continuing threat to the health and safety of the community, to subject the accused or respondent to interim suspension pending the outcome of a judicial or conduct process.
Consider: how prepared is your campus to handle these decisions?<br>
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9. Jazzed Up Case Study: Admin. Leave Olivia Follow-Up Meeting
You modified the NCO to allow for Olivia to have designated access to the Jazzed Up house.
You decided that the current situation did not present an immediate threat of physical harm and emergency removal was not supported.
Olivia requested a meeting to express concerns that Colin is still an RA in her building and has power over residents, including her. He may even have key access to her space. She would like you to remove him from his position.<br>
You modified the NCO to allow for Olivia to have designated access to the Jazzed Up house.
You decided that the current situation did not present an immediate threat of physical harm and emergency removal was not supported.
Olivia requested a meeting to express concerns that Colin is still an RA in her building and has power over residents, including her. He may even have key access to her space. She would like you to remove him from his position.<br>
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9. Jazzed Up Case Study: Admin. Leave Administrative Leave Guidance
Not as defined in Final Rule
More flexible, but not indefinite
Paid is better than unpaid
Lodging considerations
Policies set by campuses
Collective bargaining implications
Student employees- choice of policy considerations
Questions for the chat:
How should Colin’s employment be modified, if at all?
How are employee admin leave decisions handled at your institution?<br>
Not as defined in Final Rule
More flexible, but not indefinite
Paid is better than unpaid
Lodging considerations
Policies set by campuses
Collective bargaining implications
Student employees- choice of policy considerations
Questions for the chat:
How should Colin’s employment be modified, if at all?
How are employee admin leave decisions handled at your institution?<br>
26
10. Jazzed Up Case Study: Housing Questions Admin. Leave Decision
The college placed Colin on “alt. assignment”, removing student-facing duties and assigning behind the scenes projects. Key access was restricted.
Olivia’s Concerns
Olivia requested a follow up meeting after she heard that Colin is still working in the building. Although she believes he has followed the NCO, it is unsettling for her to know that she could see him around the building. Just knowing he is there is upsetting. Olivia would like him to be moved.
There is no available housing equal to the single rooms the parties are in. There is a double room in an older building. Or a more expensive single in a newer all suite building.<br>
The college placed Colin on “alt. assignment”, removing student-facing duties and assigning behind the scenes projects. Key access was restricted.
Olivia’s Concerns
Olivia requested a follow up meeting after she heard that Colin is still working in the building. Although she believes he has followed the NCO, it is unsettling for her to know that she could see him around the building. Just knowing he is there is upsetting. Olivia would like him to be moved.
There is no available housing equal to the single rooms the parties are in. There is a double room in an older building. Or a more expensive single in a newer all suite building.<br>
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10. Jazzed Up Case Study: Housing Questions Considerations
Remember, this is a supportive measure
Avoid unreasonable burden
Does a more detailed NCO address concerns?
Best Practices
Work with Res Life to arrange for a housing change as a supportive measure, if needed.
Voluntary move is preferable.
Avoid placing additional costs or other burdens on the parties.<br>
Remember, this is a supportive measure
Avoid unreasonable burden
Does a more detailed NCO address concerns?
Best Practices
Work with Res Life to arrange for a housing change as a supportive measure, if needed.
Voluntary move is preferable.
Avoid placing additional costs or other burdens on the parties.<br>
28
11. Jazzed Up Case Study: Academics Housing Decision
After discussing the housing availability with Olivia she suggested that a friend of hers had an open single in their suite style apartment. Res Life agreed to permit that move at no extra cost for the remainder of the semester.
Colin Concerns
Colin has continued to struggle both in and out of the classroom. He has missed two classes in a row for his course that only meets once per week. He expressed to you that he cannot handle being in the classroom for three hours straight without feeling overwhelmed. He has asked you how you can help.
Discussion in chat: How would you approach academic accommodation requests such as this?<br>
After discussing the housing availability with Olivia she suggested that a friend of hers had an open single in their suite style apartment. Res Life agreed to permit that move at no extra cost for the remainder of the semester.
Colin Concerns
Colin has continued to struggle both in and out of the classroom. He has missed two classes in a row for his course that only meets once per week. He expressed to you that he cannot handle being in the classroom for three hours straight without feeling overwhelmed. He has asked you how you can help.
Discussion in chat: How would you approach academic accommodation requests such as this?<br>
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11. Jazzed Up Case Study: Academics Effective Approach
TIXC takes the lead
Involve student throughout
TIXC should not dictate accommodation but engage in dialogue- similar to interactive process for disability accommodation
Examples
Deadline extensions: Extra time to complete assignments or projects.
Flexible exam scheduling: Rescheduling tests or alternative testing arrangements.
Excused absences: Medical or safety-related absences that do not hurt participation grades.
Course adjustments: Dropping a class without academic penalty, changing sections, or taking an incomplete.<br>
TIXC takes the lead
Involve student throughout
TIXC should not dictate accommodation but engage in dialogue- similar to interactive process for disability accommodation
Examples
Deadline extensions: Extra time to complete assignments or projects.
Flexible exam scheduling: Rescheduling tests or alternative testing arrangements.
Excused absences: Medical or safety-related absences that do not hurt participation grades.
Course adjustments: Dropping a class without academic penalty, changing sections, or taking an incomplete.<br>
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12. Jazzed Up Case Study: NCO Issues Olivia Concerns
Olivia requested a meeting to share that Colin has been posting inappropriate content on his Instagram. Last week he posted content saying that the woman he thought he loved betrayed him and has filed false reports against him. He accused her of lying and said Olivia is the one who has stalked and harassed him. Today he posted screen shots of the investigative report with portions of witness interviews that support his position. Olivia is furious and wants help.
Colin Concerns
When you call Colin into your office, he does not deny what was alleged. But he said he’s entitled to tell his side and what Olivia did was worse. Her brother called Colin and threatened to come to campus to “teach him a lesson.”
Discussion: Next steps?<br>
Olivia requested a meeting to share that Colin has been posting inappropriate content on his Instagram. Last week he posted content saying that the woman he thought he loved betrayed him and has filed false reports against him. He accused her of lying and said Olivia is the one who has stalked and harassed him. Today he posted screen shots of the investigative report with portions of witness interviews that support his position. Olivia is furious and wants help.
Colin Concerns
When you call Colin into your office, he does not deny what was alleged. But he said he’s entitled to tell his side and what Olivia did was worse. Her brother called Colin and threatened to come to campus to “teach him a lesson.”
Discussion: Next steps?<br>
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12. Jazzed Up Case Study: NCO Issues Restricting Posting Online?
Sec 106.45 (b) (5) Investigation of a formal complaint. When investigating a formal complaint and throughout the grievance process, a recipient must—
(iii) Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
Discussion in Preamble:
DOE emphasizes the need to discuss the case with a parent, friend, or other source of emotional support, or with an advocacy organization.
Parties may feel isolated and alone in difficult process
Avoid “prior restraint”
Emphasized allowing parties to criticize the institutional response
Section only applies to the “allegations under investigation”
May still have liability for defamation or torts<br>
Sec 106.45 (b) (5) Investigation of a formal complaint. When investigating a formal complaint and throughout the grievance process, a recipient must—
(iii) Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence;
Discussion in Preamble:
DOE emphasizes the need to discuss the case with a parent, friend, or other source of emotional support, or with an advocacy organization.
Parties may feel isolated and alone in difficult process
Avoid “prior restraint”
Emphasized allowing parties to criticize the institutional response
Section only applies to the “allegations under investigation”
May still have liability for defamation or torts<br>
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12. Jazzed Up Case Study: NCO Issues More on Non-Disclosure:
May require parties to agree not to photograph or otherwise copy the evidence that the recipient provides for inspection and review.
Agreement not to disseminate evidence for any purpose not related to the grievance process
DOE takes no position on non-disclosure agreements that comply with Final Rule
Verbally describing evidence to the parties is not enough.
Acknowledges limiting inspection and review of evidence to in person times may be overly restrictive- Not required to provide hard copies, but may
Supervising the party/advisor inspection prevents them from freely discussing evidence.
Preamble suggests option of using a file sharing platform<br>
May require parties to agree not to photograph or otherwise copy the evidence that the recipient provides for inspection and review.
Agreement not to disseminate evidence for any purpose not related to the grievance process
DOE takes no position on non-disclosure agreements that comply with Final Rule
Verbally describing evidence to the parties is not enough.
Acknowledges limiting inspection and review of evidence to in person times may be overly restrictive- Not required to provide hard copies, but may
Supervising the party/advisor inspection prevents them from freely discussing evidence.
Preamble suggests option of using a file sharing platform<br>
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12. Jazzed Up Case Study: NCO Issues Insert Poll Question: Multiple Choice: How does your campus handle the inspection & review of evidence and the sharing of the investigation report?
A. Hard copy given to parties B. Hard copy available in office for review upon appointment C. Electronic file sharing that is “read only” D. We do not share these items until the hearing
Insert Poll Question: Does your institution require parties to sign an evidence non-disclosure agreement before they review evidence? A. Yes B. No C. It is requested but if they refuse, they still get to review evidence<br>
A. Hard copy given to parties B. Hard copy available in office for review upon appointment C. Electronic file sharing that is “read only” D. We do not share these items until the hearing
Insert Poll Question: Does your institution require parties to sign an evidence non-disclosure agreement before they review evidence? A. Yes B. No C. It is requested but if they refuse, they still get to review evidence<br>
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13. Jazzed Up Case Study: Student Orgs. Update
Both parties were charged with minor Student Code violations for their respective violation of the NCO and evidence sharing agreement. Two weeks passed and they have had no interactions or conflict.
Colin’s New Concern:
Colin reports that the Residential Leadership Association has received multiple reports from resident students who object to Colin being the RLA Vice President, a position he has held all year. They have petitioned for RLA to impeach and remove him. Olivia signed the petition as well. The leadership believes that his pending case is disruptive to the organization and his presence makes it difficult for Olivia and others to attend. Since Colin has pulled back from Jazzed Up, RLA feels like all he has left
Discussion: Have you dealt with student orgs having their own conduct process?<br>
Both parties were charged with minor Student Code violations for their respective violation of the NCO and evidence sharing agreement. Two weeks passed and they have had no interactions or conflict.
Colin’s New Concern:
Colin reports that the Residential Leadership Association has received multiple reports from resident students who object to Colin being the RLA Vice President, a position he has held all year. They have petitioned for RLA to impeach and remove him. Olivia signed the petition as well. The leadership believes that his pending case is disruptive to the organization and his presence makes it difficult for Olivia and others to attend. Since Colin has pulled back from Jazzed Up, RLA feels like all he has left
Discussion: Have you dealt with student orgs having their own conduct process?<br>
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13. Jazzed Up Case Study: Student Orgs. Considerations and Questions:
Is the student org. directing student concerns away from the TIX office to their own internal processes?
How are they processing these sensitive private concerns?
Is there any connection to the organization?
Are these complaints leading to wider conflict?
How are these student leaders trained?
How involved is their advisor?
Upholding NCOs and also right of students to attend meetings.
Is the organization funded through student activity fees and open to all?
Any other questions or issues that surface?<br>
Is the student org. directing student concerns away from the TIX office to their own internal processes?
How are they processing these sensitive private concerns?
Is there any connection to the organization?
Are these complaints leading to wider conflict?
How are these student leaders trained?
How involved is their advisor?
Upholding NCOs and also right of students to attend meetings.
Is the organization funded through student activity fees and open to all?
Any other questions or issues that surface?<br>
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14. Jazzed Up Case Study: Employment & Facilities Update
You and the advisor stepped in and the advisor is taking a more active role. Colin has been permitted to continue in his role and Olivia is permitted to attend meetings and to address the executive board on business related matters and to not address Colin. There have been no other issues at RLA.
Olivia’s New Concern:
Olivia works at the Hot Spot, which is the only dining facility on campus open late. She usually works at the fry station or the register. Last night Colin came in and appeared to be walking toward her station. Olivia hurried to the back kitchen to avoid him (and keep from violating the NCO). Olivia told you she depends on this money and can’t give up this job.
Discussion: How can you assist Olivia?<br>
You and the advisor stepped in and the advisor is taking a more active role. Colin has been permitted to continue in his role and Olivia is permitted to attend meetings and to address the executive board on business related matters and to not address Colin. There have been no other issues at RLA.
Olivia’s New Concern:
Olivia works at the Hot Spot, which is the only dining facility on campus open late. She usually works at the fry station or the register. Last night Colin came in and appeared to be walking toward her station. Olivia hurried to the back kitchen to avoid him (and keep from violating the NCO). Olivia told you she depends on this money and can’t give up this job.
Discussion: How can you assist Olivia?<br>
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15. Jazzed Up Case Study: Safety Issues Update
As the live hearing date approaches, you work with the parties to prepare them. Colin expressed high anxiety about attending and seeing Olivia. You’ve offered remote Zoom participation. Colin shares that in addition to quitting Jazzed Up, he has stopped attending RLA. His weekly counseling isn’t enough and they are working to set him up with an off campus counselor too.
New Report:
Today a resident reported to UPD that Colin posted a concerning Instagram. It said, “She has taken everything from me and my life is ruined. If I see her again, it will be the last time.” UPD responded with a Mental Health Team. Colin is in the hospital. You reach out to Olivia and she is upset. She states he would never hurt her but has threatened self harm repeatedly.<br>
As the live hearing date approaches, you work with the parties to prepare them. Colin expressed high anxiety about attending and seeing Olivia. You’ve offered remote Zoom participation. Colin shares that in addition to quitting Jazzed Up, he has stopped attending RLA. His weekly counseling isn’t enough and they are working to set him up with an off campus counselor too.
New Report:
Today a resident reported to UPD that Colin posted a concerning Instagram. It said, “She has taken everything from me and my life is ruined. If I see her again, it will be the last time.” UPD responded with a Mental Health Team. Colin is in the hospital. You reach out to Olivia and she is upset. She states he would never hurt her but has threatened self harm repeatedly.<br>
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15. Jazzed Up Case Study: Safety Issues Emergency Removal Revisited:
Threats to others or to self that indicate immediate threat of physical harm related to the allegations of covered sexual harassment.
Discussion in chat: Would you issue an emergency removal at this point?<br>
Threats to others or to self that indicate immediate threat of physical harm related to the allegations of covered sexual harassment.
Discussion in chat: Would you issue an emergency removal at this point?<br>
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16. Jazzed Up Case Study: Hearing Update:
You determined to emergency remove Colin. This involved ensuring that he is physically removed from campus. Working with all of this faculty, you’ve arranged academic accommodations to ensure he stays on track academically while his Formal Complaint is completed.
Hearing:
There are two weeks left in the semester and your Formal Complaint has taken 85 days and your process allows for 90. Colin has been released from the hospital but you are unsure how he can participate.
Questions in chat: Would you delay the hearing as an accommodation? Would you continue with the hearing if Colin cannot attend?<br>
You determined to emergency remove Colin. This involved ensuring that he is physically removed from campus. Working with all of this faculty, you’ve arranged academic accommodations to ensure he stays on track academically while his Formal Complaint is completed.
Hearing:
There are two weeks left in the semester and your Formal Complaint has taken 85 days and your process allows for 90. Colin has been released from the hospital but you are unsure how he can participate.
Questions in chat: Would you delay the hearing as an accommodation? Would you continue with the hearing if Colin cannot attend?<br>
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17. Jazzed Up Case Study: Epilogue Update:
You noticed the parties of a delay due to Colin’s medical recovery and set another hearing date. Ultimately, he still did not attend and the hearing went on without him. His advisor attended and conducted cross examination. The panel found Colin responsible for multiple incidents of dating violence, stalking, and a single incident of sexual assault. He was suspended for three semesters.
Later:
After Colin’s suspension is completed he has decided to return to school. Olivia is in her final semester. They have not spoken in years and both have moved on from the events of the past. You are planning for Colin’s re-entry.<br>
You noticed the parties of a delay due to Colin’s medical recovery and set another hearing date. Ultimately, he still did not attend and the hearing went on without him. His advisor attended and conducted cross examination. The panel found Colin responsible for multiple incidents of dating violence, stalking, and a single incident of sexual assault. He was suspended for three semesters.
Later:
After Colin’s suspension is completed he has decided to return to school. Olivia is in her final semester. They have not spoken in years and both have moved on from the events of the past. You are planning for Colin’s re-entry.<br>
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17. Jazzed Up Case Study: Epilogue Questions in chat:
Is it appropriate to continue with supportive measures after the Formal Complaint is complete?
How about a No Contact Order in this case?
Insert Poll Question: How are No Contact Orders handled at your institution?
They continue indefinitely until the TIXC ends them B. They are for a set period of time then expire C. There is a regular process for reviewing them and continuing them or not
Discussion in chat: Any other issues or best practices that have come up with a respondent’s re-entry to the college?<br>
Is it appropriate to continue with supportive measures after the Formal Complaint is complete?
How about a No Contact Order in this case?
Insert Poll Question: How are No Contact Orders handled at your institution?
They continue indefinitely until the TIXC ends them B. They are for a set period of time then expire C. There is a regular process for reviewing them and continuing them or not
Discussion in chat: Any other issues or best practices that have come up with a respondent’s re-entry to the college?<br>
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Open Discussion Open Discussion
Any other issues, concerns, or best practices related to supportive measures you want to share?
Q&A
Any other questions?<br>
Any other issues, concerns, or best practices related to supportive measures you want to share?
Q&A
Any other questions?<br>