TITLE IXAthletics

WHAT IS TITLE IX?

TITLE IX

• TIX is federal legislation, enacted into law in 1972 to ensure equity on the basis of gender, in the areas of academics and athletics• “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 educational program or activity receiving federal financial assistance.”

• TIX requires certain remedies for gender-based discrimination AND gender violence

• TIX is enforced by the Office of Civil Rights, within the Department of Education

• TIX applies to all levels of education

VAWA AND SAVE ACT

• VAWA- the Violence Against Women Reauthorization Act- a 2013 amendment to the Clery Act• Requires institutions to maintain statistics about the number of incidents of

dating violence, domestic violence, sexual assault, and stalking that meet the definitions of those terms, in our campus crime reporting (via the Annual Security Report, as mandated by the Clery Act)

• Requires training components, prevention elements, support structures

• Campus SaVE Act- Campus Sexual Violence Elimination Act- a 2013 amendment to the Clery Act• Focus on bystander intervention, requires victim advocates, addresses

remedies and support for victims

WHAT DOES IT MEAN TO ME?

RESPONSIBLE EMPLOYEES

• A “responsible employee” is anyone with the authority to take action when notified of a crime OR is someone a student might reasonably believe has this responsibility

• All “responsible employees” must be trained on how to respond to a complaint of gender-based discrimination• Includes all faculty and staff• Coaches are specified, because of the close nature of your relationships with

players!

• We are obligated, as an institution, to 1) STOP THE HARASSMENT, 2) REMEDY THE EFFECTS, and 3) PREVENT THE RECURRENCE

• You may be the initial point of contact for a report, which means that the process may begin with you and unfold from there

YOUR OBLIGATIONS

• As a “responsible employee” you are obligated to inform a complainant of the following:• Your obligation to report the information to the TIX Coordinator

• You cannot ensure confidentiality- DO NOT PROMISE IT!• You can ensure privacy- handling any reports delicately and considerately, sharing only

what is essential information in order to meet our 3 obligations• Where they can report confidentially- healthcare providers, mental health providers,

pastoral counselors• The availability of counseling and support services • The right to file a formal complaint to the college (or not)• The right to report the crime to local law enforcement (or not) The complainant has the control to initiate or inhibit a formal process The college must still include the report in our campus crime statistics, with or

without identifying information

YOUR OBLIGATIONS

• As a “responsible employee” you are obligated to inform the TIX Coordinator of the following:• All relevant details about the reported misconduct, including:

• Name of the alleged perpetrator• Name of the individual that experienced the misconduct (it may not always be the

person making the complaint)• Any other parties involved in the situation• Relevant facts including date, time, and location of incident In the case of other crime categories, we would encourage a complainant to file a

Maxient report with all these details; in the case of sexual misconduct, we would not necessarily follow the same protocol, as the nature of these incidents can be very traumatic

Upon receipt of a report, TIX Coordinator will reach out to victim/survivor with further details on procedures, resources, and accommodations

WHAT DO I NEED TO KNOW?

HOW TO BE PROACTIVE

• Affirmative consent

• This will be our biggest stumbling point! Be as proactive as possible, in educating your athletes on the importance of valid consent.• Consent cannot be given when either party is significantly impaired• The absence of resistance or denial is not consent• “no means no” and “yes does not necessarily mean yes” (quid pro quo,

presence of threat)• Consent to sexual activity on one occasion does not equate to consent on

another occasion• Consent to a particular kind of sexual activity does not equate to consent for

any other kind of activity• Consent can be withdrawn at any time

HOW TO BE PROACTIVE

Reduce the risk of victimization

• Make any limits/boundaries you may have known as early as possible.

• Clearly and firmly articulate consent or lack of consent. 

• Remove yourself, if possible, from an aggressor’s physical presence.

• Reach out for help, either from someone who is physically nearby or by calling someone. People around you may be waiting for a signal that you need help. 

• Take affirmative responsibility for your alcohol and/or drug consumption. Alcohol and drugs can increase your vulnerability to sexual victimization.

• Look out for your friends, and ask them to look out for you. Respect them, and ask them to respect you, but be willing to challenge each other about high-risk choices.

Reduce the risk of perpetration

• Clearly communicate your intentions to your potential sexual partners, and give them a chance to share their intentions and/or boundaries with you.

• Avoid ambiguity. Don’t make assumptions about consent, about whether someone is attracted to you, how far you can go with that person, or if the individual is physically and mentally able to consent. If you have questions or are unclear, you don’t have consent.

• Don’t take advantage of the fact that someone may be under the influence of drugs or alcohol, even if that person chose to become that way.

• Be on the lookout for mixed messages. That should be a clear indication to stop and talk about what your potential partner wants or doesn’t want to happen. That person may be undecided about how far to go with you, or you may have misread a previous signal.

• Respect the timeline for sexual behaviors with which others are comfortable, and understand that they are entitled to change their minds.

• Recognize that even if you don’t think you are intimidating in any way, your potential partner may be intimidated by or fearful of you, perhaps because of your sex, physical size, or a position of power or authority you may hold.

• Do not assume that someone’s silence or passivity is an indication of consent. Pay attention to verbal and non-verbal signals to avoid misreading intentions.

• Understand that consent to one type of sexual behavior does not automatically grant consent to other types of sexual behaviors. If you are unsure, stop and ask.

• Understand that exerting power and control over another through sex is unacceptable conduct.

WARNING SIGNS OF ABUSE

• Self-injury (cutting, burning)

• Inadequate personal hygiene

• Drug and alcohol abuse

• Sexual promiscuity

• Running away from home

• Depression, anxiety

• Suicide attempts

• Fear of intimacy or closeness

• Compulsive eating or dieting

WHAT TO DO

• When met with a report of sexual misconduct• Inform student of your obligation to report• Inform student of resources discussed• Inform TIX Coordinator (christine.dilts@dc.edu), immediately• Maintain contact with student, as you are clearly a trusted figure for him/her

• When you observe sexual misconduct• Do what you can to safely interrupt• Gather all information you can, about parties involved• Be available to victim and inform of resources• Inform TIX Coordinator, immediately

TRAINING REQUIREMENTS

• All incoming students must be trained• Deadline is October 5th

• All athletes (new and continuing) must be trained• Deadline is prior to first contest

• All faculty and staff must be trained (“responsible employees”)• Deadline is October 5th

Students are being trained via guest speaker on September 30th (required for all first-year students); via online course (required for anyone that misses guest speaker, graduate students/transfers); continuing athletes are being trained in-person, by team (by TIX Coordinator)

Faculty and staff are being trained in-person, at College Conference (by legal counsel); via online course (required for anyone that misses the conference)

ATHLETICS-SPECIFICNon-sexual offenses

NON-DISCRIMINATION

• Ensure nondiscrimination in athletics, including with respect to:• Student interests/abilities

• Provide equal athletic opportunities for both sexes and effectively accommodate students’ athletic interests and abilities• 3-Part test:

• Are participation opportunities proportionate? OR• Can you demonstrate responsiveness thru history and continuing expansion? OR• Can you show that the interests/abilities of the underrepresented sex have been fully

accommodated by the present program? To this end, a campus climate survey will be administered this year, to assess the

attitudes of our students.

NON-DISCRIMINATION

• Ensure nondiscrimination in athletics, including with respect to:• Athletic benefits/opportunities

• Ensure equity in interscholastic, intercollegiate, club or intramural athletics thru equity in:• Equipment and supplies, game and practice time scheduling, travel and per diem

allowances, coaching and tutoring opportunities, coach and tutor assignment and compensation, facilities, medical and training facilities and services, housing and dining services, publicity, recruitment, and support services

NON-DISCRIMINATION

• Ensure nondiscrimination in athletics, including with respect to:• Athletic financial aid

• Provide reasonable opportunities for athletic financial assistance awards for members of each sex in substantial proportion to the number of students of each sex participating in athletics.• Separate athletic financial assistance for members of each sex may be provided as part

of separate athletic teams for members of each sex