Northern California Title IX Administrators Network
Title IX Coordinator Elizabeth Trayner, Ed. D., University of the Pacific, discusses challenges and scenarios related to implementing new Federal Regulations.
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Presentation Transcript
Northern California Title IX Administrators Network Elizabeth Trayner, Ed. D., Title IX Coordinator, University of the Pacific (She, her, Hers) September 28, 2020
General Discussion What have been your successes that you ve experienced as you have been implementing the new Federal Regulations? What have been some of the challenges you faced? How did you overcome these challenges? Are there ways in which we can support you as you continue to face these challenges? How has the current environment impacted your work? What are some of the ways in which you have adapted? What questions would you like to pose to the group about situations you might be facing?
Consent withdrawn? Bobby makes an appointment with the Title IX Coordinator. During the meeting Bobby tells the TIXC that they were sexually assaulted by Robin. Bobby shares that at first they were ok with the encounter and even enjoyed it. However, in the middle of them having sex, Bobby changed their mind and decided that they didn t want to have sex anymore. But Bobby didn t know how to tell Robin so they just let Robin finish. Afterwards Bobby makes up an excuse and leaves. Bobby now wants Robin held accountable and is asking to file a formal complaint.
Consent Withdrawn? Does this constitute a policy violation as described? Does it fit within the new regs? What should the Title IX Coordinator do first?
Title IX or Religious Freedom? The Title IX Coordinator receives a report about a History professor who required their students to watch a film that depicts numerous sexual acts, nudity, marital infidelity, etc. The Complainant identifies as a devout Catholic and found the content so disturbing that they went to confession. The Title IX Coordinator follows up with the department chair and is informed that the film did not meet any learning objectives and there were plenty of other films that could have been selected via university resources. The department has decided to implement remedial measures on their own.
Title IX or Religious Freedom? Is this Sexual Harassment as described in 106.30? If so, what would be the Title IX Coordinator s first step? If not, would you administer this through an alternative process?
Stalking or Sexual Harassment You receive a report that Pat has sent multiple Snapchat messages to Jean. Jean repeatedly asks to have sex with Pat, then demanded that Pat come to Jean s home to have sex, stated that they knew that Pat wanted to have sex, and asking if Pat would come to Jean s residence hall to have sex. Each time, Pat replied back that they weren t interested. There were approximately 30 messages in the exchanges between the two of them during the course of one evening s conversation. Pat tells Jean that, unless Jean blocks Pat, Pat will continue to ask for sex but does not otherwise threaten further action. All messages were sent and received on campus using the campus WiFi.
Stalking or Sexual Harassment Is this incident sufficiently Severe, Persistent or Objectively Offensive? Would you classify this as Stalking or Sexual Harassment? Would you proceed under an investigation and hearing as outlined in the new regs? If not, what are your grounds for dismissal? If you re not proceeding under a 106.45 process, would you proceed with an alternative process?
Online Harassment Alex and Yazid are in a class together that is meeting fully online. There are 10 other students in the class. Alex reports that Yazid was touching himself during the class and it made him very uncomfortable. He also shares that Yazid has been making various inappropriate comments in class that are sexualized and misogynistic. Alex doesn t want to get Yazid in trouble but he doesn t want the behavior to continue. Alex mentions that he d be willing to talk to Yazid about the situation but he doesn t want to do it alone and isn t sure whether others in the class are also uncomfortable.
Online Harassment What would be the first steps for the Title IX Coordinator? Would informal resolution be appropriate given the circumstances? What would be the considerations for how to proceed?
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 September 28, 2020 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.
