Understanding Title IX Violations: Sexual Harassment Offenses

Title IX / Nondiscrimination Faculty & Staff Institute August 10, 2021 Presented by: Pete Hoeman, M.A. Dean of Student Affairs / Title IX Coordinator

Policy No. BOG 1.2: Harassment and Discrimination Policy At newriver.edu/nondiscrimination Or linked on the right hand side of most College webpages as nondiscrimination

Statement of Nondiscrimination and Affirmative Action New River Community and Technical College does not discriminate in its educational programs or in admission to, access to, treatment in, or employment on the basis of race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, age, marital status, veteran or military status, disability, or genetic information or any other status or condition protected by applicable federal or state laws, Title VII Human Rights Act of 1964, Title IX Education Amendments of 1972, Section 504 of the Rehabilitation Act, Americans with Disabilities Act, and Equal Employment Opportunity Commission.

What Constitutes a Title IX Violation Sexual harassment Four specific offenses: Sexual assault: An act in which a person intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will Stalking: Stalking means engaging in a repeated course of conduct directed at a specific person that would cause a Reasonable Person to fear for his/her or others safety or to suffer substantial emotional distress.

What Constitutes a Title IX Violation Sexual harassment Four specific offenses (continued): Dating violence: Abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. For purposes of this definition, abuse means intentionally or recklessly causing or attempting to cause bodily injury or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another. Abuse may include non-physical, emotional distress or injury. Domestic violence: Abuse committed against someone who is a current or former spouse; current or former cohabitant; someone with whom the Respondent has a child; someone with whom the Respondent has or had a dating or engagement relationship.

What Constitutes a Title IX Violation Also Sexual harassment Quid pro quo: conditioning the provision of an aid, benefit, or service on an individual s participation in unwelcome sexual conduct Unwelcome conduct so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College s education program or activity College may respond outside this definition, but it would not be considered a Title IX investigation Retaliation against someone for reporting, participating in investigation, etc.

Scope and Responsibility Employee to employee, student to student, employee to student, etc. This applies to applicants as well as students & employees New River CTC considers all employees mandatory reporters Confidential reporting: Only to the College s Mental Health Counselor, Suzanne Fry

Scope and Responsibility Jurisdiction On-Campus As part of educational activities Campus-controlled environment College-sponsored events Off-campus, but impacts situations on campus

Roles Title IX Coordinator Dean of Student Affairs, Pete Hoeman Contact point for questions and complaints, initiates investigation Investigators various A pair investigates the complaint Hearing Officer Director of HR, Stephanie Adkins Oversees hearing Makes decision in favor of either Reporting Party or Respondent Appeal Officer President, Dr. Bonny Copenhaver Hears and decides appeals

What To Do If Sexual Harassment Is Reported To You Let the person reporting know that you are mandated to report the allegations. Confidential reporting: Only to the College s Mental Health Counselor Doesn t necessarily mean an investigation must occur Take immediate action by reporting it to the Title IX Coordinator. Even if criminal in nature, and reported to law enforcement, it must be reported to the Title IX Coordinator. If concerning the Title IX Coordinator, instead report to the President. If concerning the President, instead report to the Chair of the Board of Governors. If concerning the Chair of the Board of Governors, instead report to the WVCTCS Council. Take all allegations seriously.

Standard of Evidence New River CTC has chosen Preponderance of the Evidence (POTE) rather than Clear and Convincing (C&C) POTE is the accepted standard for workplace discrimination investigations Office of Civil Rights uses POTE when investigating potential discrimination based on age, disability, race, color, or national origin 50% plus a feather C&C would make it significantly easier to find in favor of Respondent than Reporting Party, creating an imbalance between the parties

QUESTIONS? Pete Hoeman Dean of Student Affairs / Title IX Coordinator 304-929-5027 phoeman@newriver.edu