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TITLE IX @ Penn Beyond the Basics

A Guide to Title IX Of the Educational Amendments Act of 1972

The Office of Affirmative Action and Equal Opportunity Programs

www.upenn.edu/affirm-action


Title IX of the Education Amendments  Title IX protects students, faculty and staff from sexual harassment in an institution’s education programs and activities, including:  All academic, educational, extracurricular, athletic, and other programs of the institution  On-campus, off-campus, in transit, sponsored at other locations, etc.  The University provides procedures for addressing these grievances (http://www.upenn.edu/affirm-action/titleix.html).  The University’s Title IX Coordinator, Sam Starks, is available to provide information and advice for students, faculty, staff and campus visitors. In addition, he is available to respond to complaints and concerns relative to Penn’s compliance with its own sex discrimination policy and federal, state or local regulations. Nolan Esq., Jeffrey J. (2011, November 9th-10th ). Setting the Stage: Overview of Title IX Institutional Obligations and Enforcement Context, Philadelphia.


Dear Colleague Letter April 4, 2011 1. Provides guidance on the unique concerns that arise in sexual violence cases, such as the role of criminal investigations and a school’s independent responsibility to investigate and address sexual violence. 2. Provides guidance and examples about key Title IX requirements and how they relate to sexual violence, such as the requirements to publish a policy against sex discrimination, designate a Title IX coordinator, and adopt and publish grievance procedures. 3. Discusses proactive efforts schools can take to prevent sexual violence. 4. Discusses the interplay between Title IX, FERPA, and the Clery Act7 as it relates to a complainant’s right to know the outcome of his or her complaint, including relevant sanctions facing the perpetrator. 5. Provides examples of remedies and enforcement strategies that schools and the Office for Civil Rights (OCR) may use to respond to sexual violence.

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html


Clery Act Overview  The Jeanne Clery Act is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses.  The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights, and was amended again in 1998 to expand the reporting requirements. The 1998 amendments also formally named the law in memory of Jeanne Clery. Subsequent amendments in 2000 and 2008 added provisions dealing with registered sex offender notification and campus emergency response. The 2008 amendments also added a provision to protect crime victims, "whistleblowers", and others from retaliation.

http://clerycenter.org/summary-jeanne-clery-act


Clery Act Requirements    

Publish an Annual Security Report (ASR) To have a public crime log Disclose crime statistics for incidents that occur on campus The Clery Act requires reporting of crimes in seven major categories:  Criminal Homicide  Sex Offenses  Robbery  Aggravated Assault  Burglary  Motor Vehicle Theft  Arson http://clerycenter.org/summary-jeanne-clery-act


Clery Act & Title IX  Disclose policies and procedures  Prompt corrective action; change of academic or living situation  Accused/accuser notified of outcomes at the same time and same manner  Title IX specifies both parties be notified in writing  Disclosed sanctions imposed 

Title IX requires interim protective measure while investigation is taking place

Building a Safer Campus Community: Jeanne Clery Act Training Manual


Violence Against Women Reauthorization Act VAWA imposes new obligations on colleges and universities under its Campus Sexual Violence Act (“SaVE Act”) provision. Under VAWA, effective March 7, 2014, colleges and universities are required to:  Report domestic violence, dating violence, and stalking, beyond crime categories the Clery Act already mandates;  Adopt certain student discipline procedures, such as for notifying purported victims of their rights; and  Adopt certain institutional policies to address and prevent campus sexual violence, such as to train in respects to pertinent personnel. http://www.gpo.gov/fdsys/pkg/PLAW-113publ4/pdf/PLAW-113publ4.pdf


The Campus Sexual Violence Elimination (SaVE) Act SaVE requires that incidents of domestic violence, dating violence, sexual assault, and stalking be disclosed in annual campus crime statistic reports. Additionally, those reporting victimization will be provided with their written rights to:  Be assisted by campus authorities if reporting a crime to law enforcement  Change academic, living, transportation, or working situations to avoid a hostile environment  Obtain or enforce a no contact directive or restraining order  Have a clear description of their institution’s disciplinary process and know the range of possible sanctions  Receive contact information about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available both on-campus and in the community http://clerycenter.org/campus-sexual-violence-elimination-save-act


Vietnam Veterans Readjustment Assistance Act (VEVRRA) Highlights      

Hiring Benchmarks Data Collection Invitation to Self-Identity Incorporation of the EO Clause Job Listings Records Access

http://www.dol.gov/ofccp/regs/compliance/vevraa.htm


Section 503 of the Rehabilitation Act Highlights:      

Utilization Goal Data Collection Invitation to Self-Identity Incorporation of the EO Clause Records Access ADAAA Office of Federal Contract Compliance Programs (OFCCP)

http://www.dol.gov/ofccp/regs/compliance/section503.htm


Applicable Policies Equal Opportunity Policy http://www.upenn.edu/affirm-action/EqualOpptyPol.pdf Penn’s Sexual Harassment Policy http://www.upenn.edu/affirm-action/shhandbook.html Principles of Responsible Conduct http://www.upenn.edu/audit/oacp_principles.htm Sexual Violence, Relationship Violence & Stalking Policy (pending approval) http://www.upenn.edu/affirm-action/acquapol.html


Applicable Policies Consensual Relationship Policy http://www.upenn.edu/affirm-action/shisnot.html Acceptable Use of Electronic Resources Policy http://www.hr.upenn.edu/Policy/Policies/009.aspx Student Sexual Misconduct Policy http://www.upenn.edu/osc/procedures.html Code of Student Conduct http://www.vpul.upenn.edu/osl/conduct.html


Other Policies Confidentiality The University shall protect the confidentiality of, the identities of, and statements made by, the parties and witnesses involved in a discrimination/harassment report or complaint , and to the extent that continued protection does not interfere with the University’s ability to investigate allegations of misconduct and to take corrective action.

Retaliation Policy Retaliation against an individual who, in good faith, reports, complains about or participates in an investigation of an allegation of discrimination or harassment is prohibited by University policy and by federal law.

False Accusations Anyone who knowingly makes a false accusation of discrimination, harassment, or retaliation will be subject to appropriate sanctions which may include, but are not limited to, written warning, demotion, transfer, suspension, dismissal, expulsion or termination.


Title IX Coordinator SAM STARKS, Executive Director Office of Affirmative Action and Equal Opportunity Programs Sansom Place East, 3600 Chestnut Street, Suite 228, Philadelphia, PA 19104-6106; (215) 898-6993 (Voice) or (215) 898-7803 (TDD).


Title ix hr council draft v1 [apr 2014]