Northern California Title IX Administrators Network Elizabeth Trayner, Ed. D., Title IX Coordinator, University of the Pacific (She, her, Hers) April 26, 2021 Discussion 2020 Regulations A year later Informal Resolution How are you taking
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Presentation Transcript
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Northern California Title IX Administrators Network Elizabeth Trayner, Ed. D., Title IX Coordinator, University of the Pacific (She, her, Hers)
April 26, 2021<br>
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Discussion 2020 Regulations – A year later
Informal Resolution
How are you taking care of yourself and your team?<br>
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Case Updates<br>
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Case Studies<br>
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Prior Hookups Two students have had a history of a prior sexual relationship. Neither ever considered them to be in a “dating” relationship but they would “hook up” from time to time over the course of several months.
A year after their last sexual encounter the Respondent comes over to the Complainant’s apartment after a party where both were in attendance. The Complainant does not invite the Respondent over – the Respondent showed up at the Complainant’s door and asked to come in and proceeds to have sex with the Complainant.
The Respondent shares that the sex resembled sexual encounters they had in the past.
The Complainant shares that they did not participate in the sex because they were experiencing tonic immobility.
What do you take into account in determining whether or not this instance is consensual?
What would you want to know as a Decision Maker?<br>
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Divorce amongst co-workers Sonja went through a difficult divorce last year. Her ex-husband Slav still works in the same department. An coworker (Ming) reports that lately, Sonja has been exhibiting some concerning behavior, like following Slav around on campus at a distance, or leaving early to catch him walking to his car. One day, as Ming (an employee who is required to report by university policy) was leaving campus, he spotted Sonja outside Slav’s car, with Slav inside, trying to force open the door. The situation seems to be concerning, but there are plenty of other people in the parking lot, and Ming is just walking by. Ming submits a report to the Title IX Coordinator.
What would be the initial steps you would take if you were the Title IX Coordinator receiving this report?
What would an investigation look like on your campus?
What would the hearing look like?<br>
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Mis-gendering Sevine is a trans woman who uses she/they pronouns. Sevine is in Dr. Jackson’s class and shared their pronouns during the first class session. Dr. Jackson would use the pronouns he/him to refer to Sevine even though Sevine continually corrected him in class for the first month or so of the semester. Eventually, Sevine stopped correcting Dr. Jackson because Sevine started to believe that it was purposeful. Sevine is unpacking this with the Director of the Gender Equity Center and the Director submits a report to your office.
What are the ways in which this might be addressed?<br>
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Thank You These materials and all discussions of these materials are for instructional purposes only and do not constitute legal advice. If you need legal advice, you should contact your attorney.
All attendees at the March 29, 2021 virtual meeting of the Northern California Title IX Administrators Network are hereby granted permission to post a copy of these materials to their institution’s website solely for purposes of compliance with 34 CFR §106.45(b)(10)(i)(D). These materials are not intended to be used by anyone for their own training purposes. Use of this material for proprietary reasons is strictly prohibited.<br>
