Title IX Compliance

Glossary

Glossary of definitions for Title IX and Student Discipline for the University of Alaska

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60-day vs. 60+ days to Completion Explanation and Common Understanding: Based on OCR experience, a typical investigation takes approximately 60 calendar days following receipt of the complaint. Whether OCR considers complaint resolutions to be timely, however, will vary depending on the complexity of the investigation and the severity and extent of the harassment. For example, the resolution of a complaint involving multiple incidents with multiple complainants likely would take longer than one involving a single incident that occurred in a classroom during school hours with a single complainant. (April 4, 2011 DCL)

AlcoholEdu: An interactive online program designed to reduce the negative consequences of alcohol amongst students. (EVERFI website)

Bringing in the Bystander: Bringing in the Bystander® is a bystander intervention workshop with a robust evidence-base. Rather than focusing strictly on the roles of perpetrator and victim, the highly interactive Bringing The Bystander® curriculum uses a community responsibility approach. It teaches bystanders how to safely intervene in instances where sexual violence, relationship violence or stalking may be occurring or where there may be risk that it will occur. (cultureofrespect.org)

Clery Act vs. Title IX:

            Clery Act

The federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires colleges and universities, both public and private, participating in federal student aid programs to disclose campus safety information, and imposes certain basic requirements for handling incidents of sexual violence and emergency situations. Disclosures about crime statistics and summaries of security policies are made once a year in an Annual Security Report (ASR), and information about specific crimes and emergencies is made publicly available on an ongoing basis throughout the year. (cleryact.info)

            Title IX

Title IX of the Education Amendments Act of 1972 states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”  Under this law, the University is committed to a safe and healthy educational and work environment in which educational programs and activities are free of discrimination on the basis of sex, including sexual misconduct.

Closed cases vs. open cases: Title IX case is closed when a finding of responsibility or nonresponsibility is made by the Title IX office.  If the Title IX office finds the respondent responsible, it is then transferred to human resources if the respondent is an employee or the Dean of Students Office if the respondent is a student. These offices decide discipline for employees or sanctions for students.

A human resources case is closed when the Chancellor issues the University’s final decision and tells the respondent that he or she can can appeal the decision to a court of law.

A student conduct case is closed when the Chancellor issues the University’s final decision and tells the respondent that he or she can can appeal the decision to a court of law.

Community Partners: Community partners refers to those organization in our communities which we work collaboratively with in upholding the law and providing services and supports to those affected by discrimination based on sex.  Community partners include, but are not limited to police departments, military bases, school districts, shelters for victims, and counseling centers. 

Complainant: An individual bringing forth information that another individual or group of individuals may have violated the Student Code of Conduct or other applicable policies (BOR 09.02)

Dating Violence: behavior(s) used to exert power and control over a dating partner. Examples of power and control may come in the form of emotional, verbal, financial, physical, sexual or digital abuse (BOR 09.02)

Dear Colleague Letter: Dear Colleague Letters are guidance from the Department of Education, Office of Civil Rights (OCR).   These letters provide policy guidance to notify schools of their obligations and ways OCR enforces federal civil rights laws such as Title IX, helping them to comply with the law.  Sometimes the guidance is in response to emerging trends in discriminatory behavior and sometimes it is in response to precedent-setting cases in the courts.

Domestic Violence: a pattern of coercive, controlling behavior in which one intimate partner uses physical violence, coercion, threats, intimidation and emotional, sexual, psychological, digital or economic abuse to control and change the behavior of the other partner (BOR 09.02)

Examples of “Documentation Errors”: Documentation errors noted by OCR might include failure to document interim measures, failure to document notice of outcomes of an investigation or failure to document remedies.

Gatekeeper Analysis: A gatekeeper analysis is used when a victim does not want an investigation to take place.  The Title IX Coordinator will evaluate that request in light of their duty to ensure the safety of the campus and comply with federal law.

The university will obey a complainant’s request not to investigate unless the case involves a pattern of predation, the use of a weapons, a group assault, or a minor. (2014 OCR Q & A).

Green Dot: A nationally recognized bystander intervention program that focuses on building the skills needed for individuals to take action when they see instances of power-based personal violence (stalking, intimate partner violence, and sexual assault). "Green Dots" are small choices that each of us make with our words or actions which help prevent harm from occurring in our community. (Carleton College)

Haven: An online program addressing the critical issues of sexual assault, relationship violence, stalking, and sexual harassment – among students, faculty and staff. (EVERFI website)

Interim Measures: Title IX requires a school to take steps to ensure equal access to its education programs and activities and protect the complainant as necessary, including taking interim measures before the final outcome of an investigation. (2014 OCR Q & A)

Examples of Interim Measures

Examples include no-contact directives and changes to classroom, living, transportation, and working situations, as appropriate.  Further, UA needs to ensure that the complainant is aware of his or her Title IX rights and any available resources, such as victim advocacy, housing assistance, academic support, counseling, disability services, health and mental health services, and legal assistance, and the right to report a crime to campus or local law enforcement. (April 29, 2014 DCL)

Investigation vs. Administrative Review:

Investigation

When the university receives notice of a possible violation of Title IX, the obligation to investigate is met. At that point the university will conduct an inquiry to determine whether Title IX applies and then whether the conduct a comprehensive investigation will occur or whether the report can be resolved less formally under university regulation.

Administrative Review

An administrative review concerns student discipline.  It occurs after a student has been found responsible by the university of a Title IX violation.  It  is a meeting between the student conduct administrator and a student, where the student has the opportunity to review the alleged violation and present information relevant to the allegations. (BOR 09.02)

Major Sanctions: Include suspension, expulsion, and revocation of a degree. (BOR 09.02)

Maxient: An online database used to store all student and employee conduct, Title IX, Care Team, Clery Act, and academic misconduct records that occur throughout the UA system.

Minor Sanctions: Those other than ones specified as major sanctions, such as a warning, disciplinary probation, restitution, discretionary sanctions, and restricted access. (BOR 09.02)

Remedies: Actions taken to remedy the effects of the discriminatory behavior on the complainant and the community (2014 OCR Q & A)

Respondent: An individual or group of individuals accused of violating the Student Code of Conduct or other applicable policies (BOR 09.02)

Stalking: repetitive and/or menacing pursuit, following, or interference with the peace and/or safety of an individual(s) (BOR 09.02)

Title IX Scorecard: To ensure compliance with Title IX, the University developed metrics to measure progress towards compliance and best practice and presents these measures as a scorecard to the Board of Regents.

Sexual Misconduct Terms

Coercion: Coercion is unreasonable pressure for any sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion invalidates consent. (BOR 09.02)

Consent: Consent is clear, knowing and voluntary, and can be withdrawn at any time. Consent is active, not passive and cannot be given while an individual is incapacitated. Past consent does not imply future consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent cannot be given by individuals who are not of age to give legal consent. Silence, or an absence of resistance, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. (BOR 09.02)

Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce unwilling consent. Force invalidates consent. (BOR 09.02)

Incapacitation: Incapacitation is when individuals are in a state or condition in which they are unable to make sound decisions. This can be due to sleep, age, unconsciousness, alcohol, drug use or mental and/or other disability. For example, someone who is not of legal age or ability or someone who is unable to articulate what, how, when, where, and/or with whom they desire a sexual act to take place is incapacitated. (BOR 09.02)

Sexual Contact: Sexual contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch themselves with or on any of these body parts; or any other intentional bodily contact of a sexual nature. (BOR 09.02)

Sexual Intercourse: Sexual intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact. (BOR 09.02)

Examples of Sexual or Gender-based Misconduct

Non-consensual Sexual Contact: any intentional sexual touching, however slight, with any object, by one person upon another person, that is without consent (BOR 09.02)

Non-consensual Sexual Intercourse: any sexual intercourse however slight, with any object, by one person upon another person, that is without consent and/or by force (BOR 09.02)

Sexual Exploitation: occurring when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited (and that behavior does not otherwise constitute one of the other gender-based or sexual misconduct offenses), including but not limited to:

  1. invasion of sexual privacy, such as prostituting another person, non-consensual video or audio-taping of sexual activity, going beyond the boundaries of consent (such as secretly letting others watch consensual sex), engaging in voyeurism;
  2. knowingly transmitting an STI or HIV to another student;
  • exposing one's genitals for the purposes of sexual gratification;
  1. inducing another to expose their genitals; or
  2. sexually-based stalking and/or bullying (BOR 09.02)

Sexual Harassment: unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where:

  1. submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment or education;
  2. submission to or rejection of such conduct by an individual is used as the basis for retaliation, or for other employment or academic decisions affecting that individual; or
  • such conduct has the purpose or necessary effect of unreasonably interfering with an individual's work or creating a hostile, intimidating, or offensive working, living or learning environment; and

(a) such conduct is known by the offender to be unwelcome, harmful or offensive; or

(b) a person of average sensibilities would clearly understand the behavior or conduct is unwelcome, harmful, or offensive (BOR 09.02)

 

 

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