Fall Edition
2016 ATIXA CATALOG
engaging, standalone & stackable online trainings l model policies & procedures l detailed campus training checklist l case documentation & tracking tool l customizable templates l topical audio episodes for on-the-go learning l scholarly & practice-based periodicals l complete investigations toolkit l innovative mobile app l and much more, plus ways to bundle and save
ATIXA | FALL 2016 CATALOG
INTRODUCTION Welcome to the Fall Edition of the Association of Title IX Administrators (ATIXA) e-Catalog! The Catalog serves to provide our members and colleagues with a comprehensive guide to the wide array of Title IX-related products, services, training, and professional development opportunities offered by our association. To make it as easy as possible for you to find exactly what you need,products are categorized in two ways: 1. By topics most frequently discussed by Title IX coordinators, administrators, and investigators: Compliance, Employee Training, Investigations, Policies & Procedures, Prevention & Awareness, Professional Development, and Resources & Response. 2. By audience: Coordinator, Investigator, Advocate/Educator, K–12, and Student. Many of these are available as part of an annual ATIXA membership, and can be supplemented by trainings and consultancy in partnership with ATIXA’s parent organization, The NCHERM Group. Whether you are new to your Title IX responsibilities or a seasoned administrator, this catalog is a valuable resource to help ensure your campus is compliant with legal requirements and best practices. Some products and services listed in this catalog are offered through ATIXA, while others are offered through The NCHERM Group. Every offering has been developed to provide the premiere level of content expertise ATIXA’s members have come to expect, as well as the highest overall product quality that is the trademark of The NCHERM Group. Offering an overview of online trainings, professional writings, resource libraries, templates, and tools, the ATIXA Catalog should become a reference tool as you look to build your training curriculum, gather professional resources, and create intentional prevention and awareness plans. We encourage you to reach out ATIXA’s office to learn more about the services that best fit the needs of your campus. ATIXA’s executive team and dedicated staff welcome your inquiries. Please contact us at 610-644-7858 or atixa@atixa.org. Sincerely, The ATIXA Team
ABOUT OUR ONLINE TRAININGS There are two categories of online trainings: recent (released during the 2013–14 academic year and later), which are priced at $349, and archived (released before the 2013–14 academic year). Those without a date belong in the latter category. To receive your member promo code or access products that are offered as benefits of your ATIXA membership, please contact atixa@atixa.org. Archived online trainings are also available at discounted rates when multiple topics are added to your shopping cart. Five archived online trainings can be purchased for $999.99. Ten archived online trainings can be purchased for $1,799.99. Twenty archived online trainings can be purchased for $2,999.99. A promo code is required. Unlimited archived online trainings are available for $5,000. i
ATIXA | FALL 2016 CATALOG
TABLE OF CONTENTS Products by Topic Compliance Employee Training Investigations Policies & Procedures Prevention & Awareness Professional Development Resources & Response
1 1 5 10 12 14 16 26
Products by Audience Coordinator Investigator Advocate/Educator K–12 Student
28 28 42 46 55 68
Services
70
Membership Information
73
NAVIGATING THIS CATALOG We’ve listed products in every applicable category to help you best find what you need. As a result, you will see some products listed multiple times throughout this catalog. Intended audiences are also listed above each product name. Finally, icons tell you the product type. Online Training
Document
Video
Mobile App
Publication
Audio
E-Newsletter
Web Access
Database
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ATIXA | FALL 2016 CATALOG
Compliance
Compliance
Coordinator | Advocate/Educator | K–12 Campus Survivor Advocacy Research and best practice document that confidential advocates improve survivors’ experience when accessing support or seeking a resolution. Violence Against Women Act regulations require that student reporting and responding parties have access to an advisor of their choice throughout the campus reporting process. This 90-minute program, presented in September 2016, discusses the robust history of campus survivor advocacy, considerations for creating a campus-based program and/or contracting community advocates, and how privilege and confidentiality factor into the advocate role. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | K–12 Clery Act Annual Security Report Template Language to Comply with VAWA Section 304 (Campus SaVE) Section 304 of the Violence Against Women Reauthorization Act added 70 new disclosure and substantive requirements to the Clery Act. This product provides template language to satisfy all of the VAWA Section 304 disclosure requirements. It’s nine pages of model language containing policy and procedure information outlined by Title IX and VAWA 304, and is compliant with the final regulations. Purchasers will also receive all updates made to the template language in the future. Pricing: This template is available for $249 or included free of charge with ATIXA Full and Super Membership levels. Coordinator | Advocate/Educator | K–12 Complying with the Campus SaVE Act Through Ongoing Educational Campaigns: Prevention Through Positive Media Messages The Campus SaVE Act, now known as Section 304 of the Violence Against Women Act, requires that campuses engage students and employees in ongoing educational campaigns related to sexual assault, dating and domestic violence, stalking, and bystander intervention. This hour-long online training, originally presented in December 2014, focuses on how social norms and marketing campaigns can serve as prevention strategies. Methods for the creation, implementation, and evaluation of campaigns are explored. Pricing: $349. ATIXA members receive a 15 percent discount.
Journal of Campus Title IX Compliance and Best Practices
A Publication of the Association of Title IX Administrators (ATIXA)
[www.atixa.org]
Edited by Brian Van Brunt, Ed.D.
2015 • Volume 1
Coordinator | Investigator | Advocate/Educator | K–12 Journal of Campus Title IX Compliance and Best Practices (Campus IX) ATIXA’s flagship, peer-reviewed journal is a space for Title IX coordinators, investigators, and administrators to come together and explore emerging best practices, cutting-edge research, legal opinions, and practical case studies relevant to the field of sexual assault prevention, investigation, remedies, and response. The inaugural volume was released during the 2015 ATIXA/ SCOPE Joint Conference, and the 2016 volume is now available for purchase. Pricing: Member-only publication. $99 for paperback copies at ATIXA events. Available online for free for ATIXA Full and Super members. Purchase at https://atixa.org/resources/campus-ix-journal/. 1
Coordinator | Advocate/Educator | K–12 Mandatory Reporters Under Title IX, Title VII & Clery/Campus SaVE Originally presented in December 2013, this 90-minute online training informs participants about institutional and individual duties to report sexual abuse, sexual misconduct, and other behaviors that fall under Titles IX and VII, the Clery Act, and Section 304 of the Violence Against Women Act (Campus SaVE). Gain an understanding of the varying and often overlapping reporting expectations created by these laws. Plus, hear about a model approach to mandated reporting that can help eliminate confusion. Pricing: $249.99. ATIXA members receive a 15 percent discount. Coordinator | Investigator | Advocate/Educator | K–12 Navigating the Intersection of Title IX and FERPA Originally presented in October 2014, this 90-minute online training addresses everything you need to know about the intersection of these two laws, including Office for Civil Rights and Family Policy Compliance Office guidance on the issue; a list of dos and don’ts for providing access to complaints by respondents, sharing investigative reports with all involved parties, and disclosure of final outcomes; when sharing information about a Title IX investigation violates FERPA or Title IX’s own confidentiality mandate; gag orders and the need to maintain confidentiality under Title IX; and how to obtain FERPA consent in Title IX cases. Best practices are highlighted to help your campus maintain compliance. Pricing: $349. ATIXA members receive a 15 percent discount.
ATIXA Title IX and VAWA Sec. 304 Training Checklist
Checklist Key: ✔ Title IX required t Clery Act (VAWA Sec. 304) required
É ATIXA added recommendation ℗ Primary Prevention Recommended
Level A Level B Level C* Level D * ATIXA recommends making all Faculty and Staff “Mandatory Reporters” for both Title IX and Clery-based incidents. Accordingly, this checklist reflects All Faculty & Title IX that approach. Those wishing to differentiate between Title IX and Clery First Staff; ATIXA All Compliance Act reporting responsibilities can parse the two out based on the Title IX Responders Mandatory Students Officers and Clery Act (VAWA Sec. 304) symbols. Reporters Overview of Title IX and Clery Act (VAWA Sec. 304): Law and Regulations Institution’s Title IX responsibilities to address sex- and gender-based ✔ ✔ ✔ ✔ 1 harassment Institution’s Clery Act (VAWA Sec. 304) responsibilities to address u Sexual Assault, Domestic Violence, Dating Violence, and Stalking Role of federal government (especially OCR) in enforcing Title IX and ✔ DOJ’s role with Title IX Overview of the rights Title IX and Title IV confer on students and ✔ employees What is sexual harassment, sex discrimination, sexual assault, and ✔ sexual violence, and what are the differences between them ✔ 6 Differences between criminal and Title IX investigations 7 Title IX and Clery Act prohibitions on and protections against retaliation ✔u Institutional Policy Overview ✔ 8 Institution’s policies and prohibitions regarding Title IX-based harassment Institution’s policies and prohibitions regarding Sexual Assault, Domestic ✚ 9 Violence, Dating Violence, and Stalking ✔ 10 When institution exercises off-campus jurisdiction over Title IX complaints 11 Institution’s policies prohibiting retaliation ✔u Institutional Procedure Overview Institution’s disciplinary procedures to address Title IX-based complaints ✔ 12 and how victims can invoke them 2
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Preponderance of Evidence standard used to address all Title IXbased complaints and evidentiary standards used to address all Sexual Assault, Domestic Violence, Dating Violence, and Stalking complaints How institution analyzes whether conduct was unwelcome How institution analyzes whether conduct creates a hostile environment Institutional disciplinary procedures used to address Sexual Assault, Domestic Violence, Dating Violence, and Stalking How to evaluate and weigh evidence in an impartial manner Appeals procedures for Title IX Reporting The identity, role, function of, and how to contact the Title IX Coordinator When (upon notice), how, what, and to whom to report sex- and genderbased harassment Consequences for mandatory reporters failing to report sex- and genderbased harassment How to contact OCR Recognizing, responding to, appropriately addressing, and reporting allegations and complaints Procedures victims should follow if a Title IX violation or Sexual Assault, Domestic Violence, Dating Violence, or Stalking has occurred, including: 1) The importance of preserving evidence; 2) How and to whom to report such alleged offenses; and 3) Victims’ options to notify law enforcement and campus authorities (if victim so chooses) Appropriate interaction with victims Providing fair and objective communication and resources that do not discourage reporting Victimology/psychology of the victim/neurobiological effects of trauma Cultural competence in working with victims, reporting parties, witnesses, and responding parties Confidentiality Confidential reporting options on- and off-campus Responding to victim/reporting party request for confidentiality Information about how the institution protects the confidentiality of victims and other parties when: 1) providing accommodations and protective measures; and 2) working with publicly available documents Confidentiality/privacy of reports and other investigative information
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Coordinator | K–12 The ATIXA Title IX and VAWA Section 304 Training/Prevention Checklist Newly revised to incorporate new guidance on Title IX and the regulatory mandates of Section 304 of the Violence Against Women Act, this checklist distills all the new and existing requirements into a single, detailed and copiously researched chart that will help institutions to examine current policies and procedures and develop a comprehensive training and prevention education plan for faculty, staff, and students. It addresses audience, training content and topic overview, and legislative guidance for all training, prevention, education, awareness, and policy mandates, as well as recommendations related to sexual violence, sexual harassment, dating violence, domestic violence, and stalking. Pricing: Free of charge to ATIXA Full and Super members. Non-members can purchase it for $249. Purchase at https://atixa.org/resources/training-checklist/. Coordinator |Advocate/Educator | K–12 Title IX and Transgender Issues While Title IX does not contain express provisions regarding discrimination against transgender students and employees, “on the basis of sex” is being interpreted more frequently in ways that embrace the law’s applicability to transgender plaintiffs. This 90-minute program presented in February 2016 describes the current state of the law, including the apparent conflict between the Department of Education’s current position on transgender rights under Title IX and the more narrow interpretation that a handful of lower federal courts have adopted in transgender rights cases under Title IX. Pricing: $349. ATIXA members receive a 15 percent discount. 2
Compliance
ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG
Compliance
Coordinator | K–12 Title IX Catch-Up Title IX’s interpretation and implementation has changed drastically in recent years with the release of new guidance from the Office for Civil Rights and the passage of legislation that intersects with Title IX. If you’re new to Title IX work, the following online trainings can provide you with historical perspective and vital knowledge to ensure compliance for your institution. Rapid Response Webinar: A Summary of New Guidance from the Office for Civil Rights on Title IX On April 24, 2015, OCR issued new guidance to school superintendents and college presidents focusing on the need to designate a Title IX coordinator and affirming the importance of providing authority and support to this role within school districts and institutions of higher education. In this hour-long online training, presented in May 2015, ATIXA’s leadership reviews key takeaways from this “Dear Colleague Letter” guidance and the potential impacts to schools, colleges, and universities. Pricing: $249. ATIXA members receive a 15 percent discount. A Rapid Response Webinar: Analyzing and Discussing the Recently Released FAQs from the Department of Education on the Title IX Dear Colleague Letter When the Office for Civil Rights issued answers to 52 frequently asked questions from its April 4, 2011 “Dear Colleague Letter” in the spring of 2014, experts from The NCHERM Group and ATIXA quickly stepped in to analyze the responses, share their opinions, and discuss the implications for Title IX administrators and staff. This two-part online training presented in May 2014 provides a total of three hours of advice, insights, and expert guidance. Pricing: Part 1 is free; Part 2 is $349. ATIXA members receive a 15 percent discount. The Top Ten Things We Need to Know About Title IX (That the DCL Didn’t Tell Us) In under two hours, this online training provides participants with a critical understanding of 10 items that are key to complying with Title IX by providing a prompt, effective, and equitable response to any form of sex or gender discrimination occurring on college and university campuses. Pricing: $249. ATIXA members receive a 15 percent discount. The New DCL and Retaliation: A Rapid Response Webinar on What It Means for K-12 & Higher Education On April 24, 2013, the Office for Civil Rights sent a “Dear Colleague Letter” reminding educational institutions that Title IX strictly prohibits retaliation against an individual who engages in complaining, reporting, testifying, or participating in an investigation or procedure related to behavior that would constitute a violation of Title IX. In under two hours, this webinar addresses what constitutes retaliation under Title IX vs. “regular” retaliation; what the guidelines mean for Title IX administrators and student conduct officers; the elements of Title IX retaliation; the basic requirements of investigating retaliation; and training requirements. Pricing: $249. ATIXA members receive a 15 percent discount. 3
Coordinator | Advocate/Educator | K–12 Update on Title IX and Compliance Originally presented in June 2014, this one-hour online training helps viewers to understand what observations or behaviors faculty and staff members should report to the Title IX coordinator, how the training and educational mission of your institution overlaps with Title IX requirements, and legal hot spots to have on your radar. Plus, you’ll receive expert guidance on key Title IX complaints and case law. This training is not just for Title IX administrators and staff; train your student affairs administrators and staff, deans, and Behavioral Intervention Team members as well to ensure compliance with Title IX across your entire institution. Pricing: $349. ATIXA members receive a 15 percent discount.
YU
YOUR UNIVERSITY LOGO HERE
A RESOURCE GUIDE FOR STUDENTS ON SEXUAL MISCONDUCT: CAMPUS POLICIES, PROCEDURES, AND VICTIM SERVICES
Coordinator | Advocate/Educator | K–12 The VAWA-Compliant Victim’s Rights Brochure In response to your feedback, ATIXA now offers a faster, easier to customize, and more user-friendly version of its “Resource Guide for Students on Sexual Misconduct.” This essential resource is designed to help meet the requirements of VAWA’s Section 304 and educate students about campus policies and procedures. We have reduced the number of areas requiring customization to make your ordering process fast and painless; retooled areas requiring text input to minimize the amount of work required on your end; added more color choices to ensure consistency wih your school’s color scheme, and added detailed instructions for uploading image files. This brochure addresses: • What to do when students experience sexual misconduct • An explanation of “confidentiality” under Title IX • Key campus policies, procedures, and definitions • An explanation of consent • Students’ rights as members of the campus community • Steps to remedy and respond to allegations of sexual misconduct • Survivor options, resources, and remedies • Risk reduction techniques • Key contacts and on-campus and local resources
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Pricing: Varies by quantities ordered. Template is free to Super and Full members. Purchase at https://atixa.org/resources/vawa-brochure/. Customization and printing of brochure is available at an additional cost. Coordinator | Advocate/Educator | K–12 ATIXA Model Climate Surveys Keeping a pulse on the campus climate as it relates to sex and gender equity is a must for ensuring Title IX compliance. ATIXA makes it easier to conduct climate surveys with a research-based survey template under development that will be customizable as needed to fit any institution’s needs. Offered in modules, the survey will cover faculty and staff, students, reporting/reporters, response, prevention, safety, prevalence, and exit. Pricing: The base modules will be offered free to ATIXA Full and Super members. Adding five more modules comes with a cost of $3,500. The NCHERM Group will administer and/or analyze results for an additional cost. ATIXA nonmembers will be able to purchase the survey only in a $12,500 package that will include all modules and analytics. 4
Compliance
ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG
Employee Training
Employee Training
Coordinator | Advocate/Educator | K–12 Campus Survivor Advocacy Research and best practice document that confidential advocates improve survivors’ experience when accessing support or seeking a resolution. Violence Against Women Act regulations require that student reporting and responding parties have access to an advisor of their choice throughout the campus reporting process. This 90-minute program, presented in September 2016, discusses the robust history of campus survivor advocacy, considerations for creating a campus-based program and/or contracting community advocates, and how privilege and confidentiality factor into the advocate role. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 | Student Doing Bystander Intervention Well: Seven Easy Steps Originally presented in April 2014, this hour-and-a-half online seminar reviews the basic tenets of bystander intervention while offering specific and practical advice to assist institutions in moving forward to reduce problematic behavior on campus and within the community. Several different successful bystander intervention programs are highlighted, and practical case examples and advice are shared so you can create a sound bystander intervention program on your campus. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Hosting Minors on Campus: What You Need to Know Minors come on campus for a variety of reasons during the course of the year. Given recent cases involving minor abuse on campus, it is essential to review your institution’s policy and procedures that guide action when minors come to campus. Explore heightened risk issues of mandated reporting, parental notification, single-day events, and the special considerations when minors stay overnight in this hour-long training, originally presented in March 2014. Plus, learn how to identify and avoid common pitfalls. Pricing: $349. ATIXA members receive a 15 percent discount.
Coordinator | Investigator | Advocate/Educator | K–12 | Student Issues of Gender Violence in LGBT Communities Originally presented in July 2014, this hour-long online training outlines the practical and proactive steps that campus staff can take to better understand, as well as prevent and respond to, gender violence in LGBT communities. Participants will learn model language with which to discuss LGBT gender violence; the myths versus the facts on LGBT gender violence; how to better accommodate the needs of LGBT victims; special considerations for assisting LGBT reporting parties and working with LGBT respondents; plus much more. Pricing: $349. ATIXA members receive a 15 percent discount. 5
Coordinator |Advocate/Educator | K–12 Issues of Title IX and Pregnancy The protections offered to pregnant and parenting students under Title IX can be a source of confusion for faculty, staff, and administrators. Having a solid understanding of what the law requires as it pertains to students who are pregnant or parenting is essential for creating understanding and compliance campuswide. This hour-long online training, presented originally in 2012, can help you do that. Pricing: $249.99. ATIXA members receive a 15 percent discount. Coordinator |Advocate/Educator | K–12 Making Prevention Programming More Effective: 12 Dos and Don’ts The law requires institutions to engage in prevention programming designed to curb Title IXbased incidents. However, not all prevention programming is created the same. This 90-minute online training, first presented in 2012, reviews some common pitfalls to avoid that are still relevant today, as well as offering timely practices designed to create positive change in your students and campus. Pricing: $249.99. ATIXA members receive a 15 percent discount. Coordinator |Advocate/Educator | K–12 Mandated Reporter Training for Employees: Reporting Sex/Gender Discrimination, Harassment, and Campus Crime A full-service online training from ATIXA, this product is designed to inform employees about their duty to report behaviors that fall under Title IX. The training also addresses the reporting of crimes and crime statistics for Clery Act compliance when those crimes intersect with Title IX and Title VII. This training can be used in large groups or individually, and is appropriate for all employees, including staff, administrators, and faculty. This training will give participants: • An understanding of their expectations as mandated reporters • The ability to identify the institution’s mandated reporter policy • Knowledge of the three federal reporting laws and the ability to describe how each law imposes differing reporting standards • An understanding of the duty to report sexual abuse, sexual misconduct, and other behaviors that fall under Title IX, Title VII, and the Clery Act • The ability to identify types of sex and/or gender discrimination • An understanding of the role of their Title IX coordinator ATIXA offers two versions of its Mandated Reporter Training. Both provide the same legislative review, and offer additional details on reporting requirements and guidance on the Title IX coordinator role. Where these two versions differ is in the definition of employee roles as mandated reporters. This definition is driven by your institutional policies. Pricing: There is an annual fee for the training, based on the total number of institutional employees you intend to train. The cost typically ranges from $1 to $4 per participant, based on the number of users. A one-time, free viewing of this training is available so that you can evaluate the content to be sure that it is a good fit for your campus policy, employee reporting expectations, and training needs. 6
Employee Training
ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG
Employee Training
Coordinator | Advocate/Educator | K–12 Mandatory Reporters Under Title IX, Title VII & Clery/Campus SaVE Originally presented in December 2013, this 90-minute online training informs participants about institutional and individual duties to report sexual abuse, sexual misconduct, and other behaviors that fall under Titles IX and VII, the Clery Act, and Section 304 of the Violence Against Women Act (Campus SaVE). Gain an understanding of the varying and often overlapping reporting expectations created by these laws. Plus, hear about a model approach to mandated reporting that can help eliminate confusion. Pricing: $249.99. ATIXA members receive a 15 percent discount. Coordinator | Investigator | Advocate/Educator | K–12 Navigating the Intersection of Title IX and FERPA Originally presented in October 2014, this 90-minute online training addresses everything you need to know about the intersection of these two laws, including Office for Civil Rights and Family Policy Compliance Office guidance on the issue; a list of dos and don’ts for providing access to complaints by respondents, sharing investigative reports with all involved parties, and disclosure of final outcomes; when sharing information about a Title IX investigation violates FERPA or Title IX’s own confidentiality mandate; gag orders and the need to maintain confidentiality under Title IX; and how to obtain FERPA consent in Title IX cases. Best practices are highlighted to help your campus maintain compliance. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Sexual Misconduct Critical Issues Training for Boards Whether you have a conduct board, administrative hearing model, or use a separate board for sexual misconduct, institutions must train all hearing board members on an array of sexual misconduct issues. These four training modules, which are more recent than the Sexual Misconduct Judicial Training Series (see next page), were released in 2011 and focus on best practices and general competencies for all campuses, and on developmental, educational tools. Module 1: Hearing Board Competencies An hour-long discussion covering generalized hearing board competencies, this module helps participants understand their role, the importance of policy application, how to assess the relevance and credibility of information, and the discipline of making a sanction and recommending sanctions. Module 2: Title IX-Based Competencies This hour-long module focuses on Title IX-based competencies for boards, including ensuring an equitable process, conducting a balanced and fair process, managing the tension between Title IX and some due process protections, and meeting the prompt and effective remedy requirements of Title IX. Module 3: NCHERM Policy Analytic This hour-long module details the ATIXA-endorsed consent construct used to analyze sexual misconduct complaints when force, incapacitation, or consent are at issue. Module 4: Path to Good Decision-Making This hour-long discussion includes practical explorations of questioning skills, the analytical process, and models for effective deliberation. Also addressed are myths, victim-blaming, the sociology of victimization, false reporting, and pattern offense data. Pricing: $249.99 per module or $599.99 for all four. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount. 7
Coordinator | Advocate/Educator | K–12 Sexual Misconduct Judicial Training Series As campus judicial decision-makers consider complaints involving complex interpersonal conflicts, it’s often difficult to separate sexual politics from questions of sexual conduct. This threepart series is designed to help participants do just that. Part I: Evaluating Sexual Misconduct Complaints: Force, Consent, and Incapacity This two-hour online training module explains The NCHERM Group’s sexual misconduct consent rubric, which divides sexual misconduct analysis into three relevant inquires to help guide campus decision-makers towards clear and concise consideration and easier deliberations. The rubric helps to dispel the myths that sexual misconduct complaints fraught with “gray areas,” and enables participants to distinguish between drunk sex and a policy violation. Part II: Campus Sexual Misconduct and the Law Another two-hour module accompanied by materials, this training guides participants through the myriad of legal issues impacting campus sexual misconduct complaints. This module focuses on Title IX, FERPA, and the Clery Act, looks at precedents created by the courts through case law and by the Office for Civil Rights, and explains that while laws may set a framework for compliance, institutions’ obligations to their campus communities extend beyond mere compliance. Part III: Special Considerations in Hearing Sexual Misconduct Complaints The last training in this series follows a question-and-answer format, in which presenters and participants of the live-aired webinar explored issues such as the pros and cons of a separate conduct panel for sexual misconduct, whether it’s better for institutions or victims to serve as complainants, and best practices for addressing information about a party’s sexual history or character. Pricing: $249.99 per episode. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount. Coordinator | Investigator | Advocate/Educator | K–12 Title IX and BITs Originally presented in April 2014, this 90-minute online training explains what campus Behavioral Intervention Teams (BITs) need to know about Title IX, whether the Title IX coordinator or investigator should be part of the campus BIT, and the Title IX reporting requirements with which BITs must comply. Plus, viewers will learn how the training and educational mission of their campus BITs overlaps with Title IX and what legal hot spots to keep on the radar screen related to Title IX compliance and BITs. This training also includes an essential list of dos and don’ts, plus a list of online resources for ensuring your campus BIT is Title IX compliant. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Training Hearing Boards on Best Practices This two-hour online training addresses the question of core competencies for campus conduct boards and the principles and best practices that produce sound decisions. It covers the concepts of basic fairness, analyzing and applying campus policy, deliberation skills, sanctioning principles, and questioning skills. Additionally, best practices from campuses around the country are shared. Pricing: $249.99. ATIXA members receive a 15 percent discount. 8
Employee Training
ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG
Employee Training
Coordinator | Investigator | Advocate/Educator | K–12 When Social Media & Title IX Collide: What Colleges Need to Know About Gossip Sites, Free Speech & Proactive Policies When social media networks and gossip sites are abused for the purpose of spreading rumors, gossip, and hateful language across campus, student conduct officers, counselors, and student affairs administrators are faced with a wide array of serious challenges. Where is the line between free speech and threatening, slanderous language? When is it a community disruption? What are the Title IX considerations? Originally presented in December 2014, this 90-minute online training provides those key answers, plus some challenges and opportunities from the counseling and conduct perspective. Case studies are used to discuss what you need to know about statements made online that require a Title IX response, plus the importance of assessing and addressing threat and danger presented in social media and other online posts. Pricing: $349. ATIXA members receive a 15 percent discount.
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Investigations
Coordinator | Investigator | K–12 Blackouts and Consent: The Legal, Psychological, and Prevention Perspectives Blackout or brownouts are characterized by an inability or difficulty to recall the past as the result of alcohol or other drug use. This 90-minute online training, presented originally in December 2015, explains the issues complicating consent when a student experiences a blackout, whether en bloc or fragmentary. Can a student give consent at one point and then fail to recall this later? What about students who are physically unresponsive, but have clear recall? How does a blackout’s block on memory affect capacity to consent? How should the campus resolution process handle such a case? Participants will gain an understanding of what the latest literature and research says on this issue, plus the definitions of “blackout” and “brownout” from the legal, student conduct, and psychological/medical perspectives. Additionally, case studies provide the opportunity for further exploration. The program concludes with a review of ways to teach students prevention techniques related to this topic. Pricing: $349. ATIXA members receive a 15 percent discount.
INVESTIGATION
in a Box
Coordinator | Investigator | K–12 Investigation in a Box Kit The most comprehensive resource with all the tools you need to complete a thorough, reliable, and impartial investigation of potential sex- or gender-based discrimination or harassment. This 200+ page kit offers materials derived from national best practices, all in one place, including: • Checklists • Questioning templates • Models of proof • Charts, timelines, and tracking tools • Template letters and notifications • Case studies • Sample reports • Outcome letter templates • Policy models • Tips on analysis, evidence, and credibility Compliant with Title IX and Section 304 of the Violence Against Women Act, this is the only publication of its kind, setting the industry standard for those tasked with investigating Title IX-related incidents on campus. The Kit is a fully electronic resource, with internal links and searchability for ease of usage. Pricing: $1,699. ATIXA members receive a 15 percent discount. Free with Super Membership. The Investigation in a Box Kit is included as part of the Investigator Training and Certification Courses.
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Investigations
ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG
Investigations
Coordinator | Investigator | Advocate/Educator | K–12 Navigating the Intersection of Title IX and FERPA Originally presented in October 2014, this 90-minute online training addresses everything you need to know about the intersection of these two laws, including Office for Civil Rights and Family Policy Compliance Office guidance on the issue; a list of dos and don’ts for providing access to complaints by respondents, sharing investigative reports with all involved parties, and disclosure of final outcomes; when sharing information about a Title IX investigation violates FERPA or Title IX’s own confidentiality mandate; gag orders and the need to maintain confidentiality under Title IX; and how to obtain FERPA consent in Title IX cases. Best practices are highlighted to help your campus maintain compliance. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Investigator | K–12 Title IX Investigation and Technology: Eight Emerging and Common Issues In this training, originally presented in December 2015, our experts explore the following eight emerging and common issues in how technology is changing the investigation landscape: 1. How students, faculty, and staff are communicating using technology 2. How technology is changing the rubric 3. Recent trends for using technology to assist in Title IX investigations 4. Popular dating and hook-up apps 5. Anonymous online harassment or discrimination 6. Text messages, photos, videos, and emails as evidence 7. Access to phone records, deleted social media, and deleted texts 8. Technology cheats, including fake texts and altered images Hands-on tips for improving and appropriately addressing Title IX investigations that involve technology are also shared during this 90-minute online training. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Investigator | Advocate/Educator | K–12 When Social Media & Title IX Collide: What Colleges Need to Know About Gossip Sites, Free Speech & Proactive Policies When social media networks and gossip sites are abused for the purpose of spreading rumors, gossip, and hateful language across campus, student conduct officers, counselors, and student affairs administrators are faced with a wide array of serious challenges. Where is the line between free speech and threatening, slanderous language? When is it a community disruption? What are the Title IX considerations? Originally presented in December 2014, this 90-minute online training provides those key answers, plus some challenges and opportunities from the counseling and conduct perspective. Case studies are used to discuss what you need to know about statements made online that require a Title IX response, plus the importance of assessing and addressing threat and danger presented in social media and other online posts. Pricing: $349. ATIXA members receive a 15 percent discount.
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Coordinator | K–12 Clery Act Annual Security Report Template Language to Comply with VAWA Section 304 (Campus SaVE) Section 304 of the Violence Against Women Reauthorization Act added 70 new disclosure and substantive requirements to the Clery Act. This product provides template language to satisfy all of the VAWA Section 304 disclosure requirements. It’s nine pages of model language containing policy and procedure information outlined by Title IX and VAWA 304, and is compliant with the final regulations. Purchasers will also receive all updates made to the template language in the future. Pricing: This template is available for $249 or included free of charge with ATIXA Full and Super Membership levels. Coordinator | K–12 Implementing the ATIXA One Policy, One Process Model (1P1P) Originally presented in June 2015, this one-hour online training provides an overview of the revised One Policy, One Process Models. Hear from campuses currently using the model, explore common challenges to implementing a unified policy, and review successes of campuses employing a unified policy. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Mandatory Reporters Under Title IX, Title VII & Clery/Campus SaVE Originally presented in December 2013, this 90-minute online training informs participants about institutional and individual duties to report sexual abuse, sexual misconduct, and other behaviors that fall under Titles IX and VII, the Clery Act, and Section 304 of the Violence Against Women Act (Campus SaVE). Gain an understanding of the varying and often overlapping reporting expectations created by these laws. Plus, hear about a model approach to mandated reporting that can help eliminate confusion. Pricing: $249.99. ATIXA members receive a 15 percent discount. Coordinator | Investigator |K–12 Policing the Drunken Campus Hook-up: Law, Policy and Best Practices Originally presented in May 2014, this 90-minute online training explores the intricacies of campus sexual assault policies as applied to intoxication and incapacitation, the challenges of helping hearing panels understand what crosses the line, and the potential for gender bias and discrimination that result from bad decisions. Participants will learn how to make the distinction between intoxication and incapacitation, the need for a “knew or should have known” standard to avoid a gender-biased disciplinary outcome, the blackout and how it relates to incapacity, and how to train panels and investigators to properly address when both parties involved in a complaint were drinking. Pricing: $349. ATIXA members receive a 15 percent discount. 12
Policies & Procedures
Policies & Procedures
ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG
Policies & Procedures
Coordinator | K–12 The ATIXA One Policy, One Process Models (1P1P) Based on the idea of a global human dignity resolution process, this model permits all discrimination complaints (age, race, sex, gender, nationality, etc.) to be resolved using one campus-wide policy and one standalone resolution process, for all faculty, students, and staff. This process can sit outside existing processes, or can be integrated into existing human resource, affirmative action, and student conduct models. 1P1P harnesses the existing resources of many departments to minimize the need for added staff and expense. 1P1P is not only Title IX compliant, but it also puts emphasis on meaningful remedies, social justice, victim empowerment and advocacy, comprehensive investigation, and prompt, humane, non-adversarial resolution of everything from bias incidents to stalking, to rape, and intimate partner violence. Available in three different versions: 1. Investigation —> Hearing —> Appeal 2. Investigation —> Recommendation to the Title IX Coordinator —> Title IX Coordinator Makes Final Recommendation. 3. Investigation —> Appeal Panel —> Title IX Coordinator Signs off on Panel Recommendation. Pricing: $2,500 per campus. Price includes all three versions of the model and licensure. Free to Full and Super Members. Other ATIXA member levels receive a 15 percent discount. Can be customized for you at an additional charge. Coordinator | K–12 The ATIXA Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Model Policy and Procedures ATIXA is distributes freely and publicly its transformative ATIXA Sex/Gender Based Harassment, Discrimination and Sexual Misconduct Model Policy and Procedures, newly updated to reflect best practices, Title IX guidance and VAWA compliance mandates. Both our Policy and Procedures have helped hundreds of campuses as they strive to comply with Title IX and related legislation, as well as protect the safety of their communities. Pricing: No cost. Coordinator |Advocate/Educator | K–12 Title IX and Transgender Issues While Title IX does not contain express provisions regarding discrimination against transgender students and employees, “on the basis of sex” is being interpreted more frequently in ways that embrace the law’s applicability to transgender plaintiffs. This 90-minute program presented in February 2016 describes the current state of the law, including the apparent conflict between the Department of Education’s current position on transgender rights under Title IX and the more narrow interpretation that a handful of lower federal courts have adopted in transgender rights cases under Title IX. Pricing: $349. ATIXA members receive a 15 percent discount.
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Coordinator | Advocate/Educator | K–12 Campus Survivor Advocacy Research and best practice document that confidential advocates improve survivors’ experience when accessing support or seeking a resolution. Violence Against Women Act regulations require that student reporting and responding parties have access to an advisor of their choice throughout the campus reporting process. This 90-minute program, presented in September 2016, discusses the robust history of campus survivor advocacy, considerations for creating a campus-based program and/or contracting community advocates, and how privilege and confidentiality factor into the advocate role. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Complying with the Campus SaVE Act Through Ongoing Educational Campaigns: Prevention Through Positive Media Messages The Campus SaVE Act, now known as Section 304 of the Violence Against Women Act, requires that campuses engage students and employees in ongoing educational campaigns related to sexual assault, dating and domestic violence, stalking, and bystander intervention. This hour-long online training, originally presented in December 2014, focuses on how social norms and marketing campaigns can serve as prevention strategies. Methods for the creation, implementation, and evaluation of campaigns are explored. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 | Student Doing Bystander Intervention Well: Seven Easy Steps Originally presented in April 2014, this 90-minute online training reviews the basic tenets of bystander intervention while offering specific and practical advice to assist institutions in moving forward to reduce problematic behavior on campus and within the community. Several different successful bystander intervention programs are highlighted, and practical case examples and advice are shared so you can create a sound bystander intervention program on your campus. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator |Advocate/Educator | K–12 Making Prevention Programming More Effective: 12 Dos and Don’ts The law requires institutions to engage in prevention programming designed to curb Title IXbased incidents. However, not all prevention programming is created the same. This 90-minute online training, first presented in 2012, reviews some common pitfalls to avoid that are still relevant today, as well as offering timely practices designed to create positive change in your students and campus. Pricing: $249.99. ATIXA members receive a 15 percent discount. 14
Prevention & Awareness
Prevention & Awareness
ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG
ATIXA Title IX and VAWA Sec. 304 Training Checklist
Checklist Key: ✔ Title IX required t Clery Act (VAWA Sec. 304) required É ATIXA added recommendation ℗ Primary Prevention Recommended
Level A Level B Level C* Level D * ATIXA recommends making all Faculty and Staff “Mandatory Reporters” for both Title IX and Clery-based incidents. Accordingly, this checklist reflects All Faculty & Title IX that approach. Those wishing to differentiate between Title IX and Clery First Staff; ATIXA All Compliance Act reporting responsibilities can parse the two out based on the Title IX Responders Mandatory Students Officers and Clery Act (VAWA Sec. 304) symbols. Reporters Overview of Title IX and Clery Act (VAWA Sec. 304): Law and Regulations Institution’s Title IX responsibilities to address sex- and gender-based ✔ ✔ ✔ ✔ 1 harassment Institution’s Clery Act (VAWA Sec. 304) responsibilities to address u Sexual Assault, Domestic Violence, Dating Violence, and Stalking Role of federal government (especially OCR) in enforcing Title IX and ✔ DOJ’s role with Title IX Overview of the rights Title IX and Title IV confer on students and ✔ employees What is sexual harassment, sex discrimination, sexual assault, and ✔ sexual violence, and what are the differences between them ✔ Differences between criminal and Title IX investigations Title IX and Clery Act prohibitions on and protections against retaliation ✔u Institutional Policy Overview ✔ 8 Institution’s policies and prohibitions regarding Title IX-based harassment Institution’s policies and prohibitions regarding Sexual Assault, Domestic ✚ 9 Violence, Dating Violence, and Stalking ✔ 10 When institution exercises off-campus jurisdiction over Title IX complaints 11 Institution’s policies prohibiting retaliation ✔u Institutional Procedure Overview Institution’s disciplinary procedures to address Title IX-based complaints ✔ 12 and how victims can invoke them Preponderance of Evidence standard used to address all Title IXbased complaints and evidentiary standards used to address all ✔ 13 Sexual Assault, Domestic Violence, Dating Violence, and Stalking 2
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Prevention & Awareness
complaints 14 How institution analyzes whether conduct was unwelcome 15 How institution analyzes whether conduct creates a hostile environment Institutional disciplinary procedures used to address Sexual Assault, 16 Domestic Violence, Dating Violence, and Stalking 17 How to evaluate and weigh evidence in an impartial manner 18 Appeals procedures for Title IX Reporting 19 The identity, role, function of, and how to contact the Title IX Coordinator When (upon notice), how, what, and to whom to report sex- and gender20 based harassment Consequences for mandatory reporters failing to report sex- and gender21 based harassment 22 How to contact OCR Recognizing, responding to, appropriately addressing, and reporting 23 allegations and complaints Procedures victims should follow if a Title IX violation or Sexual Assault, Domestic Violence, Dating Violence, or Stalking has occurred, including: 24 1) The importance of preserving evidence; 2) How and to whom to report such alleged offenses; and 3) Victims’ options to notify law enforcement and campus authorities (if victim so chooses) 25 Appropriate interaction with victims Providing fair and objective communication and resources that do not 26 discourage reporting 27 Victimology/psychology of the victim/neurobiological effects of trauma Cultural competence in working with victims, reporting parties, witnesses, 28 and responding parties Confidentiality 29 Confidential reporting options on- and off-campus 30 Responding to victim/reporting party request for confidentiality Information about how the institution protects the confidentiality of victims 31 and other parties when: 1) providing accommodations and protective measures; and 2) working with publicly available documents 32 Confidentiality/privacy of reports and other investigative information
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Coordinator | K–12 The ATIXA Title IX and VAWA Section 304 Training/Prevention Checklist Newly revised to incorporate new guidance on Title IX and the regulatory mandates of Section 304 of the Violence Against Women Act, this checklist distills all the new and existing requirements into a single, detailed and copiously researched chart that will help institutions to examine current policies and procedures and develop a comprehensive training and prevention education plan for faculty, staff, and students. It addresses audience, training content and topic overview, and legislative guidance for all training, prevention, education, awareness, and policy mandates, as well as recommendations.
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www.atixa.org © ATIXA, 2015. All rights reserved.
YU
YOUR UNIVERSITY LOGO HERE
A RESOURCE GUIDE FOR STUDENTS ON SEXUAL MISCONDUCT: CAMPUS POLICIES, PROCEDURES, AND VICTIM SERVICES
Pricing: Free of charge to ATIXA Full and Super members. Non-members can purchase it for $249. Purchase at https://atixa.org/resources/training-checklist/. Coordinator | Advocate/Educator | K–12 The VAWA-Compliant Victim’s Rights Brochure In response to your feedback, ATIXA now offers a faster, easier to customize, and more user-friendly version of its “Resource Guide for Students on Sexual Misconduct.” This essential resource is designed to help meet the requirements of VAWA’s Section 304 and educate students about campus policies and procedures. We have reduced the number of areas requiring customization to make your ordering process fast and painless; retooled areas requiring text input to minimize the amount of work required on your end; added more color choices to ensure consistency wih your school’s color scheme, and added detailed instructions for uploading image files. This brochure addresses: • What to do when students experience sexual misconduct • An explanation of “confidentiality” under Title IX • Key campus policies, procedures, and definitions • An explanation of consent • Students’ rights as members of the campus community • Steps to remedy and respond to allegations of sexual misconduct • Survivor options, resources, and remedies • Risk reduction techniques • Key contacts and on-campus and local resources Pricing: Varies by quantities ordered. Template is free to Super and Full members. Purchase at https://atixa.org/resources/vawa-brochure/. Customization and printing of brochure is available at an additional cost. Advocate/Educator | K–12 | Students U of Nine This app-based training solution is designed to help colleges and universities educate students and employees about sexual violence, sexual harassment, intimate partner violence, and stalking. A cost-effective way to offer awareness and education content for audiences that can be hard-to-reach, U of Nine offers modules that are quiz-based, and have been created by ATIXA in collaboration with Trivie, a leading education quiz-based training app company. Pricing: Sliding-scale pricing based on number of users. Free 14-day trials available online, as are free online trainings demonstrating the app. 15
Coordinator | Advocate/Educator | K–12 Addressing Title IX Matters in an Online Environment With many campuses now offering online and extended learning opportunities, there is a need to understand how to best address matters involving distance students. Originally presented in August 2014, this online training covers who should be involved in addressing Title IX issues online, exactly how to do so, plus how to effectively document cases, communicate with parties involved in a complaint, and track actions. Additional discussion includes remedies for supporting victims and opportunities for appropriate sanctioning of accused parties, as well as tools and tips for mitigating and redirecting inbound communications from remote individuals. Participants learn how to offer support and resources for faculty and staff related to gender- and sex- based discrimination and harassment occurring online. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Investigator | K–12 Blackouts and Consent: The Legal, Psychological, and Prevention Perspectives Blackout or brownouts are characterized by an inability or difficulty to recall the past as the result of alcohol or other drug use. This 90-minute online training, originally presented in December 2015, explains the issues complicating consent when a student experiences a blackout, whether en bloc or fragmentary. Can a student give consent at one point and then fail to recall this later? What about students who are physically unresponsive, but have clear recall? How does a blackout’s block on memory affect capacity to consent? How should the campus resolution process handle such a case? Participants will gain an understanding of what the latest literature and research says on this issue, plus the definitions of “blackout” and “brownout” from the legal, student conduct, and psychological/medical perspectives. Additionally, case studies provide the opportunity for further exploration. The program concludes with a review of ways to teach students prevention techniques related to this topic. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Campus Survivor Advocacy Research and best practice document that confidential advocates improve survivors’ experience when accessing support or seeking a resolution. Violence Against Women Act regulations require that student reporting and responding parties have access to an advisor of their choice throughout the campus reporting process. This 90-minute program, presented in September 2016, discusses the robust history of campus survivor advocacy, considerations for creating a campus-based program and/or contracting community advocates, and how privilege and confidentiality factor into the advocate role. Pricing: $349. ATIXA members receive a 15 percent discount.
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Professional Development
Professional Development
ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG A PRODUCT FROM THE NCHERM GROUP, LLC.
101: WITH BRIAN VAN BRUNT, ED.D. & DANIEL C. SWINTON, J.D., ED.D.
Coordinator | Advocate/Educator | K–12 Climate Surveys 101: A Practical Guide to Get You Started Part of The NCHERM Group’s Audio Essentials series, this 30-minute audio episode explains how to obtain buy-in for conducting climate surveys on your campus and overcome common obstacles and objections. Plus, you’ll learn how to develop a good survey instrument for your institution, achieve a good response rate, and get the most of your resulting data. You’ll also receive a colorful and informative companion text that summarizes the key points from the audio episode, so you can access the information you need quickly when you need it. Pricing: $49.
Professional Development
Coordinator | Advocate/Educator | K–12 Complying with the Campus SaVE Act Through Ongoing Educational Campaigns: Prevention Through Positive Media Messages The Campus SaVE Act, now known as Section 304 of the Violence Against Women Act, requires that campuses engage students and employees in ongoing educational campaigns related to sexual assault, dating and domestic violence, stalking, and bystander intervention. This hour-long online training, originally presented in December 2014, focuses on how social norms and marketing campaigns can serve as prevention strategies. Methods for the creation, implementation, and evaluation of campaigns are explored. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Creating, Implementing, and Applying Climate Surveys The Office for Civil Rights and the White House Task Force to Protect Students from Sexual Assault encourage institutions to regularly assess campus climate via a survey instrument. This 90-minute online training, originally presented in July 2015, explains why some of the existing templates are problematic, and offers guidance on what survey items to include and topics to cover, sample sizes, statistically significant results, institutional review board approval, publishing results, and analyzing the data collected. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 | Student Doing Bystander Intervention Well: Seven Easy Steps Originally presented in April 2014, this 90-minute online training reviews the basic tenets of bystander intervention while offering specific and practical advice to assist institutions in moving forward to reduce problematic behavior on campus and within the community. Several different successful bystander intervention programs are highlighted, and practical case examples and advice are shared so you can create a sound bystander intervention program on your campus. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Gamechangers: Reshaping Campus Sexual Misconduct Through Litigation As the courts continue reshaping campus sexual misconduct through expansive interpretations of Title IX, with high dollar verdicts to decisions on administrators’ personal liability, we’re getting the message loud and clear about what happens when we don’t get sexual misconduct cases right. This 90-minute online training originally presented in 2010 provides a review of relevant case law and guidance on: 17
ATIXA | FALL 2016 CATALOG • • • • • •
How Title IX applies to sexual violence, and the implications of violating Title IX What constitutes actual notice, deliberate indifference, and prompt and equitable remedies The duty to investigate How Title IX impacts conduct processes and sanctioning, appeals, and criminal prosecutions How Title IX impacts the role of the complainant How Title IX impacts off-campus conduct
Coordinator | Advocate/Educator | K–12 Hosting Minors on Campus: What You Need to Know Minors come on campus for a variety of reasons during the course of the year. Given recent cases involving minor abuse on college and university campuses, it is essential to review your institution’s policy and procedures that guide action when minors come to campus. Explore heightened risk issues of mandated reporting, parental notification, single-day events, and the special considerations when minors stay overnight in this hour-long training, originally presented in March 2014. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Investigator | Advocate/Educator | K–12 | Student Issues of Gender Violence in LGBT Communities Originally presented in July 2014, this hour-long online training outlines the practical and proactive steps that campus staff can take to better understand, as well as prevent and respond to, gender violence in LGBT communities. Learn model language with which to discuss LGBT gender violence; the myths versus the facts on LGBT gender violence; how to better accommodate the needs of LGBT victims; special considerations for assisting LGBT reporting parties and working with LGBT respondents; plus more. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Issues of Title IX and Pregnancy The protections offered to pregnant and parenting students under Title IX can be a source of confusion for faculty, staff, and administrators. Having a solid understanding of what the law requires as it pertains to students who are pregnant or parenting is essential for creating understanding and compliance campuswide. This hour-long online training, originally presented in 2012, can help you do that. Pricing: $249.99. ATIXA members receive a 15 percent discount.
Journal of Campus Title IX Compliance and Best Practices
A Publication of the Association of Title IX Administrators (ATIXA)
[www.atixa.org]
Edited by Brian Van Brunt, Ed.D.
2015 • Volume 1
Coordinator | Investigator | Advocate/Educator | K–12 Journal of Campus Title IX Compliance and Best Practices (Campus IX) ATIXA’s flagship, peer-reviewed journal is a space for Title IX coordinators, investigators, and administrators to come together and explore emerging best practices, cutting-edge research, legal opinions, and practical case studies relevant to the field of sexual assault prevention, investigation, remedies, and response. The inaugural volume was released during the 2015 ATIXA/ SCOPE Joint Conference, and the 2016 volume is now available for purchase. Pricing: Member-only publication. $99 for paperback copies at ATIXA events. Available online for free for ATIXA Full and Super members. Purchase at https://atixa.org/resources/campus-ix-journal/. 18
Professional Development
Pricing: $249.99. ATIXA members receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG Coordinator |Advocate/Educator | K–12 Making Prevention Programming More Effective: 12 Dos and Don’ts The law requires institutions to engage in prevention programming designed to curb Title IXbased incidents. However, not all prevention programming is created the same. This 90-minute online training, first presented in 2012, reviews some common pitfalls to avoid that are still relevant today, as well as offering timely practices designed to create positive change in your students and campus. Pricing: $249.99. ATIXA members receive a 15 percent discount.
Professional Development
Coordinator | Advocate/Educator | K–12 Mandatory Reporters Under Title IX, Title VII & Clery/Campus SaVE Originally presented in December 2013, this 90-minute online training informs participants about institutional and individual duties to report sexual abuse, sexual misconduct, and other behaviors that fall under Titles IX and VII, the Clery Act, and Campus SaVE, now known as Section 304 of the Violence Against Women Act. Gain an understanding of the varying and often overlapping reporting expectations created by these laws. Plus, hear about a model approach to mandated reporting that can help eliminate confusion. Pricing: $249.99. ATIXA members receive a 15 percent discount. Coordinator | Investigator | Advocate/Educator | K–12 Navigating the Intersection of Title IX and FERPA Originally presented in October 2014, this 90-minute online training addresses everything you need to know about the intersection of these two laws, including Office for Civil Rights and Family Policy Compliance Office guidance on the issue; a list of dos and don’ts for providing access to complaints by respondents, sharing investigative reports with all involved parties, and disclosure of final outcomes; when sharing information about a Title IX investigation violates FERPA or Title IX’s own confidentiality mandate; gag orders and the need to maintain confidentiality under Title IX; and how to obtain FERPA consent in Title IX cases. Best practices are highlighted to help your campus maintain compliance. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Investigator |K–12 Policing the Drunken Campus Hook-up: Law, Policy and Best Practices Originally presented in May 2014, this 90-minute online training explores the intricacies of campus sexual assault policies as applied to intoxication and incapacitation, the challenges of helping hearing panels understand what crosses the line, and the potential for gender bias and discrimination that result from bad decisions. Participants will learn how to make the distinction between intoxication and incapacitation, the need for a “knew or should have known” standard to avoid a gender-biased disciplinary outcome, the blackout and how it relates to incapacity, and how to train panels and investigators to properly address when both parties involved in a complaint were drinking. Pricing: $349. ATIXA members receive a 15 percent discount. 19
ATIXA | FALL 2016 CATALOG Coordinator | Investigator | Advocate/Educator | K–12 Preventing Burnout by Fostering Compassion Satisfaction among Title IX Administrators This 90-minute webinar presented in July 2016 explores how to foster compassion satisfaction or the ability to receive gratification from Title IX roles that require dealing with traumatized individuals and communities. It is based on a study funded with an ATIXA research grant, which combined extensive interdisciplinary research with interviews and surveys of current Title IX administrators. Implications for employees, supervisors, university communities, and the field will be discussed.
Coordinator | Advocate/Educator | K–12 Sexual Misconduct Critical Issues Training for Boards Whether you have a conduct board, administrative hearing model, or use a separate board for sexual misconduct, institutions must train all hearing board members on an array of sexual misconduct issues. These four training modules, which are more recent than the Sexual Misconduct Judicial Training Series (see below), were released in 2011 and focus on best practices and general competencies for all campuses, and on developmental, educational tools. Module 1: Hearing Board Competencies An hour-long discussion covering generalized hearing board competencies, this module helps participants understand their role, the importance of policy application, how to assess the relevance and credibility of information, and the discipline of making a sanction and recommending sanctions. Module 2: Title IX-Based Competencies This hour-long module focuses on Title IX-based competencies for boards, including ensuring an equitable process, conducting a balanced and fair process, managing the tension between Title IX and some due process protections, and meeting the prompt and effective remedy requirements of Title IX. Module 3: NCHERM Policy Analytic This hour-long module details the ATIXA-endorsed consent construct used to analyze sexual misconduct complaints when force, incapacitation, or consent are at issue. Module 4: Path to Good Decision-Making This hour-long discussion includes practical explorations of questioning skills, the analytical process, and models for effective deliberation. Also addressed are myths, victim-blaming, the sociology of victimization, false reporting, and pattern offense data. Pricing: $249.99 per module or $599.99 for all four. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount. Coordinator | Advocate/Educator | K–12 Sexual Misconduct Judicial Training Series As campus judicial decision-makers consider complaints involving complex interpersonal conflicts, it’s often difficult to separate sexual politics from questions of sexual conduct. This threepart series is designed to help participants do just that. 20
Professional Development
Pricing: $349. ATIXA members receive a 15 percent discount. Purchase at www.ncherm.org/online-trainings/recent-online-trainings/#burnoutprevention.
ATIXA | FALL 2016 CATALOG Part I: Evaluating Sexual Misconduct Complaints: Force, Consent, and Incapacity This two-hour online module explains The NCHERM Group’s sexual misconduct consent rubric, which divides sexual misconduct analysis into three inquires to guide campus decision-makers towards clear and concise consideration and easier deliberations. The rubric helps to dispel the myths that sexual misconduct complaints fraught with “gray areas,” or that are “he said/she said,” are impossible to determine, and enables participants to distinguish between drunk sex and a policy violation.
Professional Development
Part II: Campus Sexual Misconduct and the Law Another two-hour module accompanied by materials, this training guides participants through the myriad of legal issues impacting campus sexual misconduct complaints. This module focuses on Title IX, FERPA, and the Clery Act, looks at precedents created by the courts through case law and by the Office for Civil Rights, and explains that while laws may set a framework for compliance, institutions’ obligations to their campus communities extend beyond mere compliance. Part III: Special Considerations in Hearing Sexual Misconduct Complaints The last training in this series follows a question-and-answer format, in which presenters and participants of the live-aired webinar explored issues such as the pros and cons of a separate conduct panel for sexual misconduct, whether it’s better for institutions or victims to serve as complainants, and best practices for addressing information about a party’s sexual history or character. Pricing: $249.99 per episode. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount.
ATIXA Title IX and VAWA Sec. 304 Training Checklist
Checklist Key: ✔ Title IX required t Clery Act (VAWA Sec. 304) required
É ATIXA added recommendation ℗ Primary Prevention Recommended
Level A Level B Level C* Level D * ATIXA recommends making all Faculty and Staff “Mandatory Reporters” for both Title IX and Clery-based incidents. Accordingly, this checklist reflects All Faculty & Title IX that approach. Those wishing to differentiate between Title IX and Clery First Staff; ATIXA All Compliance Act reporting responsibilities can parse the two out based on the Title IX Responders Mandatory Students Officers and Clery Act (VAWA Sec. 304) symbols. Reporters Overview of Title IX and Clery Act (VAWA Sec. 304): Law and Regulations Institution’s Title IX responsibilities to address sex- and gender-based ✔ ✔ ✔ ✔ 1 harassment Institution’s Clery Act (VAWA Sec. 304) responsibilities to address u Sexual Assault, Domestic Violence, Dating Violence, and Stalking Role of federal government (especially OCR) in enforcing Title IX and ✔ DOJ’s role with Title IX Overview of the rights Title IX and Title IV confer on students and ✔ employees What is sexual harassment, sex discrimination, sexual assault, and ✔ sexual violence, and what are the differences between them ✔ Differences between criminal and Title IX investigations Title IX and Clery Act prohibitions on and protections against retaliation ✔u Institutional Policy Overview ✔ 8 Institution’s policies and prohibitions regarding Title IX-based harassment Institution’s policies and prohibitions regarding Sexual Assault, Domestic ✚ 9 Violence, Dating Violence, and Stalking ✔ 10 When institution exercises off-campus jurisdiction over Title IX complaints 11 Institution’s policies prohibiting retaliation ✔u Institutional Procedure Overview Institution’s disciplinary procedures to address Title IX-based complaints ✔ 12 and how victims can invoke them 2
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Preponderance of Evidence standard used to address all Title IXbased complaints and evidentiary standards used to address all Sexual Assault, Domestic Violence, Dating Violence, and Stalking complaints How institution analyzes whether conduct was unwelcome How institution analyzes whether conduct creates a hostile environment Institutional disciplinary procedures used to address Sexual Assault, Domestic Violence, Dating Violence, and Stalking How to evaluate and weigh evidence in an impartial manner Appeals procedures for Title IX Reporting The identity, role, function of, and how to contact the Title IX Coordinator When (upon notice), how, what, and to whom to report sex- and genderbased harassment Consequences for mandatory reporters failing to report sex- and genderbased harassment How to contact OCR Recognizing, responding to, appropriately addressing, and reporting allegations and complaints Procedures victims should follow if a Title IX violation or Sexual Assault, Domestic Violence, Dating Violence, or Stalking has occurred, including: 1) The importance of preserving evidence; 2) How and to whom to report such alleged offenses; and 3) Victims’ options to notify law enforcement and campus authorities (if victim so chooses) Appropriate interaction with victims Providing fair and objective communication and resources that do not discourage reporting Victimology/psychology of the victim/neurobiological effects of trauma Cultural competence in working with victims, reporting parties, witnesses, and responding parties Confidentiality Confidential reporting options on- and off-campus Responding to victim/reporting party request for confidentiality Information about how the institution protects the confidentiality of victims and other parties when: 1) providing accommodations and protective measures; and 2) working with publicly available documents Confidentiality/privacy of reports and other investigative information
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www.atixa.org © ATIXA, 2015. All rights reserved.
Coordinator | K–12 The ATIXA Title IX and VAWA Section 304 Training/Prevention Checklist Newly revised to incorporate new guidance on Title IX and the regulatory mandates of Section 304 of the Violence Against Women Act, this checklist distills all the new and existing requirements into a single, detailed and copiously researched chart that will help institutions to examine current policies and procedures and develop a comprehensive training and prevention education plan for faculty, staff, and students. It addresses audience, training content and topic overview, and legislative guidance for all training, prevention, education, awareness, and policy mandates, as well as recommendations related to sexual violence, sexual harassment, dating violence, domestic violence, and stalking. Pricing: Free of charge to ATIXA Full and Super members. Non-members can purchase it for $249. Purchase at https://atixa.org/resources/training-checklist/. Coordinator | K–12 The Title IX Coordinator: Best Practice Advice from Practitioners Originally presented in 2012, this 90-minute online training provides an essential overview of the Title IX coordinator role and best practices from those ahead of the curve in this relatively new and evolving field. Pricing: $249.99. ATIXA members receive a 15 percent discount. 21
ATIXA | FALL 2016 CATALOG Coordinator | Investigator | Advocate/Educator | K–12 Title IX and BITs Originally presented in April 2014, this 90-minute online training explains what campus Behavioral Intervention Teams (BITs) need to know about Title IX, whether the Title IX coordinator or investigator should be part of the campus BIT, and the Title IX reporting requirements with which BITs must comply. Plus, viewers will learn how the training and educational mission of their BITs overlaps with Title IX and what legal hot spots to keep on the radar screen related to Title IX. This training also includes an essential list of dos and don’ts, plus online resources for ensuring your campus BIT is Title IX compliant.
Coordinator |Advocate/Educator | K–12 Title IX and Transgender Issues While Title IX does not contain express provisions regarding discrimination against transgender students and employees, “on the basis of sex” is being interpreted more frequently in ways that embrace the law’s applicability to transgender plaintiffs. This 90-minute program presented in February 2016 describes the current state of the law, including the apparent conflict between the Department of Education’s current position on transgender rights under Title IX and the more narrow interpretation that a handful of lower federal courts have adopted in transgender rights cases under Title IX. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | K–12 Title IX Catch-Up Title IX’s interpretation and implementation has changed drastically in recent years with the release of new guidance from the Office for Civil Rights and the passage of legislation that intersects with Title IX. If you’re new to Title IX work, the following online trainings can provide you with historical perspective. Rapid Response Webinar: A Summary of New Guidance from the Office for Civil Rights on Title IX On April 24, 2015, OCR issued new guidance to school superintendents and college presidents focusing on the need to designate a Title IX coordinator and affirming the importance of providing authority and support to this role within school districts and institutions of higher education. In this hour-long online training, presented in May 2015, ATIXA’s leadership reviews key takeaways from this “Dear Colleague Letter” guidance and the potential impacts to schools, colleges, and universities. Pricing: $249. ATIXA members receive a 15 percent discount. A Rapid Response Webinar: Analyzing and Discussing the Recently Released FAQs from the Department of Education on the Title IX Dear Colleague Letter When OCR issued answers to 52 frequently asked questions from its April 4, 2011 “Dear Colleague Letter” in the spring of 2014, experts from The NCHERM Group and ATIXA stepped in to analyze the responses, share their opinions, and discuss the implications. This two-part online training presented in May 2014 provides a total of three hours of advice, insights, and expert guidance. Pricing: Part 1 is free; Part 2 is $349. ATIXA members receive a 15 percent discount. 22
Professional Development
Pricing: $349. ATIXA members receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG The Top Ten Things We Need to Know About Title IX (That the DCL Didn’t Tell Us) In under two hours, this online training provides participants with a critical understanding of 10 items that are key to complying with Title IX by providing a prompt, effective, and equitable response to any form of sex or gender discrimination occurring on college and university campuses. Pricing: $249. ATIXA members receive a 15 percent discount.
Professional Development
The New DCL and Retaliation: A Rapid Response Webinar on What It Means for K-12 & Higher Education On April 24, 2013, OCR sent a “Dear Colleague Letter” reminding institutions that Title IX prohibits retaliation against an individual who engages in complaining, reporting, testifying, or participating in procedures related to behavior that would constitute a violation of Title IX. In under two hours, this webinar addresses what constitutes retaliation under Title IX vs. “regular” retaliation; what the guidelines mean for Title IX administrators and conduct officers; the elements of Title IX retaliation; the basic requirements of investigating retaliation; and training requirements. Pricing: $249. ATIXA members receive a 15 percent discount. Coordinator | Investigator | K–12 Title IX Investigation and Technology: Eight Emerging and Common Issues In this online training, originally presented in December 2015, our experts explore the following eight emerging and common issues in how technology is changing the investigation landscape: 1. How students, faculty, and staff are communicating using technology 2. How technology is changing the rubric 3. Recent trends for using technology to assist in Title IX investigations 4. Popular dating and hook-up apps 5. Anonymous online harassment or discrimination 6. Text messages, photos, videos, and emails as evidence 7. Access to phone records, deleted social media, and deleted texts 8. Technology cheats, including fake texts and altered images Hands-on tips for improving and appropriately addressing Title IX investigations that involve technology are also shared during this 90-minute online training. Pricing: $349. ATIXA members receive a 15 percent discount.
DOI 10.17732/TIXT0109 PRINT ISSN 2377-8725 I ONLINE ISSN 2377-8733
IX TODAY
TITLE IX TODAY VOLUME 1, ISSUE 9 l DECEMBER 2015
TITLE IN THIS ISSUE From the Field Yeasin v. University of Kansas offers an important lesson about disciplining students for Title IX-based incidents. Page 2 Compliance Corner Understand the overlap between Titles IX and VII to avoid confusion and ensure full legal compliance by your institution. Pages 4-5 Professional Perspective Sheila McMahon, a sexual assault services and prevention specialist at Brandeis University, provides insights on how to create effective prevention programming. Pages 6-7 Coordinator’s Corner Understand how to build a sustainable Title IX team at your institution by embracing an ally mentality. Page 8
ABOUT US The NCHERM Group, LLC., a law and consulting firm offering systems-levels solutions to create safer campuses, and the Association of Title IX Administrators, which provides networking and professional development for Title IX coordinators, publish Title IX Today, its companion website, www.TitleIX.Today, and subscriber e-newsletter.
Helping colleges, universities & schools ensure gender equity
THE LEAD I SEXUAL MISCONDUCT
Empower students to develop and deploy prevention and intervention solutions
By Jennifer L. Ball, Ph.D., the balance more positive than negative Contributing Editor through their commitment and efforts. tudents want to be heard, re- I keep my experience more rewarding spected, and empowered to solve than frustrating by focusing on being a issues surrounding sexism, sexual mentor and a facilitator. violence, and consent for themselves. We often believe that it falls solely We need to recognize their passion on us to curb sexual assault at our inand commitment by making them a stitutions. These issues are bigger than meaningful part of any one person or of‘Students increase our fice, and need to be our prevention and intervention strate- capacity to respond to the addressed from that gies. We must use perspective. Whether them in developing Title IX issues we face on it’s gender discrimiour campuses.’ strategic plans, senation, sexual harasslecting outside pro— Ball ment, sexual violence, gramming, creating or stalking, we should prevention and intervention materi- view these as social issues in need of a als, executing trainings, and assessing community-based solution. That’s why our campus climate. While this level of programs like Green Dot, Step Up!, and commitment to student involvement Bringing in the Bystander use a social can feel daunting, it is the only way to ecological model. To affect real change truly solve the problem. at the societal level, we must make sure The most frustrating and reward- that students are helping solve the ising part of my work is partnering with sues at the individual, relationship, and students in developing prevention and community levels. intervention workshops. It’s frustrating A good first step is to examine our because they make the same mistakes role and consider if we are performI did 20 years ago, don’t have enough ing it in a way that overcomes or extime to dedicate to the effort, and some- acerbates the social barriers suggested times disagree with my solutions. It’s in the social ecological model. We can rewarding because they don’t make fail in two significant ways. Top-down, the same mistakes I make now, they culturally insensitive programming are dedicated to their culture in a way and training fails to acknowledge the that I can’t be, and our disagreements real culture of students and their peer lead to better, more sustainable solu- environment, causing a breakdown at tions for prevention and intervention. the individual and relationship levels The students with whom I work keep Continued on p. 3
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A publication of The NCHERM Group, LLC.
Coordinator | Investigator | Advocate/Educator | K–12 Title IX Today A monthly, subscription newsletter, Title IX Today brings you the latest Title IX news, research, case law, practitioner tips, and expert guidance. With insights from our renowned advisory panel and a team of expert contributing editors, we provide you with a practical and concise road map to navigate even your most difficult Title IX challenges. In addition to an eight-page print issue, you also receive a monthly, companion e-newsletter; exclusive bonus content; plus links to new resources, news, and more. Pricing: $299 for a one-year subscription. ATIXA members receive 15 percent off the regular price. Receive a one-year subscription for half price when purchased in combination with any level of new or renewal membership. Purchase at https://titleix.today/subscribe/. 23
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Each professionally produced video comes with a transcript to help viewers follow along, a guide to help trainers introduce the materials, a set of questions and answers, and key takeaways. Pricing: $79 each, or all five for $379. Coordinator | Advocate/Educator | K–12 Training Hearing Boards on Best Practices This two-hour online training addresses the question of core competencies for campus conduct boards and the principles and best practices that produce sound decisions. It covers the concepts of basic fairness, analyzing and applying campus policy, deliberation skills, sanctioning principles, and questioning skills. Additionally, best practices from campuses around the country are shared. Pricing: $249.99. ATIXA members receive a 15 percent discount. . Coordinator | Advocate/Educator | K–12 Update on Title IX and Compliance Originally presented in June 2014, this one-hour online training helps viewers to understand what observations or behaviors faculty and staff members should report to the Title IX coordinator, how the training and educational mission of your institution overlaps with Title IX requirements, and legal hot spots to have on your radar. Plus, you’ll receive expert guidance on key Title IX complaints and case law. This training is not just for Title IX administrators and staff; train your student affairs administrators and staff, deans, and Behavioral Intervention Team members as well to ensure compliance with Title IX across your entire institution. Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator | Investigator | Advocate/Educator | K–12 When Social Media & Title IX Collide: What Colleges Need to Know About Gossip Sites, Free Speech & Proactive Policies When social media networks and gossip sites are abused for spreading rumors, gossip, and hateful language across campus, student conduct officers, counselors, and student affairs administrators are faced with serious challenges. Where is the line between free speech and threatening, slanderous language? When is it a community disruption? What are the Title IX considerations? Originally presented in December 2014, this 90-minute online training provides those key answers, plus some challenges and opportunities from the counseling and conduct perspective. Case studies are used to discuss what you need to know about statements made online that require a Title IX response. Pricing: $349. ATIXA members receive a 15 percent discount. 24
Professional Development
Coordinator | Investigator | K–12 Title IX Training Videos A series of easy-to-use video training tools to help Title IX investigators and coordinators hone their skills. Each video offers a brief vignette lasting just a few minutes, in which a student and administrator talk about a Title IX-related incident. Currently available: • Amanda & Dancing Guy: A Case Study in Coercion • Beth & Junior Student: A Case Study in Consent • Amy & Todd: Incapacitation Case Study • Amy & Kevin: Second-Time Blackout • John & Benjy: Nonconsensual Sexual Contact Case Study
ATIXA | FALL 2016 CATALOG Coordinator | Advocate/Educator | K–12 Unlimited Archived Online Trainings Gain access to all archived online trainings in the catalog now, plus those that will be added in the future and made available for individual purchase, for a single, flat-rate fee via an easy-to-use online portal. Pricing: $5,000.
Professional Development
Coordinator | Investigator | Advocate/Educator | K–12 Online Training Portal and Continuing Certification Credit Program Have you been certified as a Title IX coordinator or investigator during an ATIXA Certification Event? Are you considering obtaining certification? If so, the CCC program is for you. Our online professional development platform and related Online Training Portal allows you to track, maintain, and extend your professional development through our programs. CCCs are a cost-effective way to stay current and maintain your certification from the nation’s leader in higher education risk management. Pricing: The cost of certification is included in the price of event registration. There is no additional cost to participants. “Tokens” can also be purchased individually and distributed to users at your institution to participate in online trainings offered through the portal. For more information, contact a team member at ccc@ncherm.org.
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Resources & Response
Coordinator | Investigator | Advocate/Educator | K–12 | Student ATIXA Member Library Available only to ATIXA members, the Member Library offers a wealth of resources specially tailored by membership type, making it easy for Title IX coordinators and teams, investigators, advocates and prevention educators, K-12 educators and administrators, and students to access what they need via unique Communities of Practice.
Coordinator | Investigator | Advocate/Educator | K–12 | Student ATIXA Weekly Newsletter In this weekly e-newsletter, ATIXA shares a Tip of the Week, spotlights important news, and provides a heads up about upcoming events. In addition, ATIXA’s Weekly Newsletter bring you information relevant to the field of education and Title IX, with article updates and announcements directing you to relevant content. Pricing: Free to all levels of ATIXA membership. Coordinator | Investigator | Advocate/Educator | K–12 Position Statements ATIXA is committed to releasing a series of position statements on a number of relevant and timely topics, creating conversation and bringing continued awareness to issues of sexual violence, gender-based harassment, and victim advocacy. Among the 2015 topics were an analysis of the campus safety bills put before Congress; gender identity and gender expression; notation of expulsion and suspension on transcripts; the need for victim advocates on campus; and concealed carry legislation related to campus sexual violence. New 2016 statements include consent-based policies and the March AAUP report on Title IX. Pricing: Free. Coordinator | Investigator | K–12 The ATIXA MaxStack An innovative tool from ATIXA, the MaxStack allows you to build in access to ATIXA’s proprietary forms, checklists, investigation templates, template letters, materials for Title IX case organization, documentation, and tracking within Maxient, the industry’s leading database for Title IX case documentation and tracking. ATIXA is placing more information at your fingertips to assess history and pattern evidence in any given Title IX-related case, and giving you the documentation you need when you need it with just a click. Only ATIXA members who are or who become Maxient software clients should purchase the MaxStack from ATIXA. All MaxStack materials are proprietary to ATIXA, and are reserved for ATIXA members only. Pricing: $499 to use and license ATIXA materials within the Maxient software. This cost includes any new forms, letters, and templates added to the database as they are developed. ATIXA also offers a renewal package that allows you to renew your ATIXA membership and simultaneously license the MaxStack at a discount of $99 off the combined total. 26
Resources & Response
Pricing: $29 for Student Membership; $149 for K-12 Educator and Administrator Membership; $149 for Victim/Survivor Advocate & Prevention Educator Membership; $249 for Investigator Membership; $599-$2,499 for Full Individual and Institutional Membership; and $5,000 for Super Membership. Full and Super Membership levels receive access to all five Community of Practice Resource Libraries. Email atixa@atixa.org.
ATIXA | FALL 2016 CATALOG
YU
YOUR UNIVERSITY LOGO HERE
A RESOURCE GUIDE FOR STUDENTS ON SEXUAL MISCONDUCT: CAMPUS POLICIES, PROCEDURES, AND VICTIM SERVICES
Resources & Response
Coordinator | Advocate/Educator | K–12 The VAWA-Compliant Victim’s Rights Brochure In response to your feedback, ATIXA now offers a faster, easier to customize, and more user-friendly version of its “Resource Guide for Students on Sexual Misconduct.” This essential resource is designed to help meet the requirements of VAWA’s Section 304 and educate students about campus policies and procedures. We have reduced the number of areas requiring customization to make your ordering process fast and painless; retooled areas requiring text input to minimize the amount of work required on your end; added more color choices to ensure consistency wih your school’s color scheme, and added detailed instructions for uploading image files. This brochure addresses: • What to do when students experience sexual misconduct • An explanation of “confidentiality” under Title IX • Key campus policies, procedures, and definitions • An explanation of consent • Students’ rights as members of the campus community • Steps to remedy and respond to allegations of sexual misconduct • Survivor options, resources, and remedies • Risk reduction techniques • Key contacts and on-campus and local resources
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Pricing: Varies by quantities ordered. Template is free to Super and Full members. Purchase at https://atixa.org/resources/vawa-brochure/. Customization and printing of brochure is available at an additional cost. Coordinator | Advocate/Educator | K–12 ATIXA Model Climate Surveys Keeping a pulse on the campus climate as it relates to sex and gender equity is a must for ensuring Title IX compliance. ATIXA makes it easier to conduct climate surveys with a research-based survey template under development that will be customizable as needed to fit any institution’s needs. Offered in modules, the survey will cover faculty and staff, students, reporting/reporters, response, prevention, safety, prevalence, and exit. Pricing: The base modules will be offered free to ATIXA Full and Super members. Adding five more modules comes with a cost of $3,500. NCHERM will administer and/or analyze results for an additional cost. ATIXA nonmembers will be able to purchase the survey only in a $12,500 package that will include all modules and analytics.
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Coordinator
Professional Development Addressing Title IX Matters in an Online Environment With many campuses now offering online and extended learning opportunities, there is a need to understand how to best address matters involving distance students. Originally presented in August 2014, this online training covers who should be involved in addressing Title IX issues online, exactly how to do so, plus how to effectively document cases, communicate with parties involved in a complaint, and track actions. Additional discussion includes remedies for supporting victims and opportunities for appropriate sanctioning of accused parties, as well as tools and tips for mitigating and redirecting inbound communications from remote individuals. Participants learn how to offer support and resources for faculty and staff related to gender- and sex- based discrimination and harassment occurring online.
Resources & Response ATIXA Member Library Available only to ATIXA members, the Member Library offers a wealth of resources specially tailored by membership type, making it easy for Title IX coordinators and teams, investigators, advocates and prevention educators, K-12 educators and administrators, and students to access what they need via unique Communities of Practice. Pricing: $29 for Student Membership; $149 for K-12 Educator and Administrator Membership; $149 for Victim/Survivor Advocate & Prevention Educator Membership; $249 for Investigator Membership; $599$2,499 for Full Individual and Institutional Membership; and $5,000 for Super Membership. Full and Super Membership levels receive access to all five Community of Practice Resource Libraries. Email atixa@atixa.org. Resources & Response ATIXA Weekly Newsletter In this weekly e-newsletter, ATIXA shares a Tip of the Week, spotlights important news, and provides a heads up about upcoming events. In addition, ATIXA’s Weekly Newsletter bring you information relevant to the field of education and Title IX, with article updates and announcements directing you to relevant content. Pricing: Free to all levels of ATIXA membership. Investigations | Professional Development Blackouts and Consent: The Legal, Psychological, and Prevention Perspectives Blackout or brownouts are characterized by an inability or difficulty to recall the past as the result of alcohol or other drug use. This 90-minute online training, originally presented in December 2015, explains the issues complicating consent when a student experiences a blackout, whether en bloc or fragmentary. Can a student give consent at one point and then fail to recall this later? What about students who are physically unresponsive, but have clear recall? How does a blackout’s block on memory affect capacity to consent? How should the campus resolution process handle such a case? Participants will gain an understanding of what the latest literature and research says on this issue, plus the definitions of “blackout” and “brownout” from the legal, student conduct, and psychological/medical perspectives. Additionally, case studies provide the opportunity for further exploration. Pricing: $349. ATIXA members receive a 15 percent discount. 28
Coordinator
Pricing: $349. ATIXA members receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG Compliance | Employee Training | Prevention & Awareness | Professional Development Campus Survivor Advocacy Research and best practice document that confidential advocates improve survivors’ experience when accessing support or seeking a resolution. Violence Against Women Act regulations require that student reporting and responding parties have access to an advisor of their choice throughout the campus reporting process. This 90-minute program, presented in September 2016, discusses the robust history of campus survivor advocacy, considerations for creating a campus-based program and/or contracting community advocates, and how privilege and confidentiality factor into the advocate role. Pricing: $349. ATIXA members receive a 15 percent discount.
Coordinator
Compliance | Policies & Procedures Clery Act Annual Security Report Template Language to Comply with VAWA Section 304 (Campus SaVE) Section 304 of the Violence Against Women Reauthorization Act added 70 new disclosure and substantive requirements to the Clery Act. This product provides template language to satisfy all of the VAWA Section 304 disclosure requirements. It’s nine pages of model language containing policy and procedure information outlined by Title IX and VAWA 304, and is compliant with the final regulations. Purchasers will also receive all updates made to the template language in the future. Pricing: This template is available for $249 or included free with ATIXA Full and Super Membership levels.
A PRODUCT FROM THE NCHERM GROUP, LLC.
101: WITH BRIAN VAN BRUNT, ED.D. & DANIEL C. SWINTON, J.D., ED.D.
Professional Development Climate Surveys 101: A Practical Guide to Get You Started Part of The NCHERM Group’s Audio Essentials series, this 30-minute audio episode explains how to obtain buy-in for conducting climate surveys and overcome common obstacles and objections. Plus, you’ll learn how to develop a good survey instrument, achieve a good response rate, and get the most of your resulting data. You’ll also receive a colorful and informative companion text that summarizes the key points from the audio episode, so you can access the information you need quickly when you need it. Pricing: $49. Compliance | Prevention & Awareness | Professional Development Complying with the Campus SaVE Act Through Ongoing Educational Campaigns: Prevention Through Positive Media Messages The Campus SaVE Act, now known as Section 304 of the Violence Against Women Act Reauthorization Act, requires that campuses engage students and employees in ongoing educational campaigns related to sexual assault, dating and domestic violence, stalking, and bystander intervention. This hour-long online training, originally presented in December 2014, focuses on how social norms and marketing campaigns can serve as prevention strategies. Methods for the creation, implementation, and evaluation of campaigns are explored. Pricing: $349. ATIXA members receive a 15 percent discount. 29
ATIXA | FALL 2016 CATALOG Professional Development Creating, Implementing, and Applying Climate Surveys The Office for Civil Rights and the White House Task Force to Protect Students from Sexual Assault encourage institutions to regularly assess campus climate via a survey instrument. This 90-minute online training, originally presented in July 2015, explains why some of the existing templates are problematic, and offers guidance on what survey items to include and topics to cover, sample sizes, statistically significant results, institutional review board approval, publishing results, and analyzing the data collected. Pricing: $349. ATIXA members receive a 15 percent discount.
Pricing: $349. ATIXA members receive a 15 percent discount. Professional Development Gamechangers: Reshaping Campus Sexual Misconduct Through Litigation As the courts continue reshaping campus sexual misconduct through expansive interpretations of Title IX, with high dollar verdicts to decisions on administrators’ personal liability, we’re getting the message loud and clear about what happens when we don’t get sexual misconduct cases right. This 90-minute online training originally presented in 2010 provides a review of relevant case law and guidance on: • How Title IX applies to sexual violence, and the implications of violating Title IX • What constitutes actual notice, deliberate indifference, and prompt and equitable remedies • The duty to investigate • How Title IX impacts conduct processes and sanctioning, appeals, and criminal prosecutions • How Title IX impacts the role of the complainant • How Title IX impacts off-campus conduct Pricing: $249.99. ATIXA members receive a 15 percent discount. Employee Training | Professional Development Hosting Minors on Campus: What You Need to Know Minors come on campus for a variety of reasons during the course of the year. Given recent cases involving minor abuse on college and university campuses, it is essential to review your institution’s policy and procedures that guide action when minors come to campus. Explore heightened risk issues of mandated reporting, parental notification, single-day events, and the special considerations when minors stay overnight in this hour-long training, originally presented in March 2014. Plus, learn how to identify and avoid common pitfalls. Pricing: $349. ATIXA members receive a 15 percent discount. 30
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Employee Training | Prevention & Awareness | Professional Development Doing Bystander Intervention Well: Seven Easy Steps Originally presented in April 2014, this 90-minute online training reviews the basic tenets of bystander intervention while offering specific and practical advice to assist institutions in moving forward to reduce problematic behavior on campus and within the community. Several different successful bystander intervention programs are highlighted, and practical case examples and advice are shared so you can create a sound bystander intervention program on your campus.
ATIXA | FALL 2016 CATALOG Policies & Procedures Implementing the ATIXA One Policy, One Process Model (1P1P) Originally presented in June 2015, this one-hour online training provides an overview of the revised One Policy, One Process Models. Hear from campuses currently using the model, explore common challenges to implementing a unified policy, and review successes of campuses employing a unified policy. Pricing: $349. ATIXA members receive a 15 percent discount.
INVESTIGATION
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in a Box
Investigations Investigation in a Box Kit The most comprehensive resource with all the tools you need to complete a thorough, reliable, and impartial investigation of potential sex- or gender-based discrimination or harassment. This 200+ page kit offers materials derived from national best practices, all in one place, including: • Checklists • Questioning templates • Models of proof • Charts, timelines, and tracking tools • Template letters and notifications • Case studies • Sample reports and outcome letter templates • Policy models • Tips on analysis, evidence, and credibility Compliant with Title IX and Section 304 of the Violence Against Women Act, this is the only publication of its kind, setting the industry standard for those tasked with investigating Title IX-related incidents on campus. The Kit is a fully electronic resource, with internal links and searchability for ease of usage. Pricing: $1,699. ATIXA members receive a 15 percent discount. Free with Super Membership. The Kit is included as part of the Investigator Training and Certification Courses. Employee Training | Professional Development Issues of Gender Violence in LGBT Communities Originally presented in July 2014, this hour-long online training outlines the practical and proactive steps that campus staff can take to better understand, as well as prevent and respond to, gender violence in LGBT communities. Learn model language with which to discuss LGBT gender violence; the myths versus the facts on LGBT gender violence; how to better accommodate the needs of LGBT victims; special considerations for assisting LGBT reporting parties and working with LGBT respondents; plus much more. Pricing: $349. ATIXA members receive a 15 percent discount. Employee Training | Professional Development Issues of Title IX and Pregnancy The protections offered to pregnant and parenting students under Title IX can be a source of confusion for faculty, staff, and administrators. Having a solid understanding of what the law requires as it pertains to students who are pregnant or parenting is essential for creating understanding and compliance campuswide. This hour-long online training, originally presented in 2012, can help you do that. Pricing: $249.99. ATIXA members receive a 15 percent discount. 31
ATIXA | FALL 2016 CATALOG
A Publication of the Association of Title IX Administrators (ATIXA)
[www.atixa.org]
Edited by Brian Van Brunt, Ed.D.
2015 • Volume 1
Pricing: Member-only publication. $99 for paperback copies at ATIXA events. Available online for free for ATIXA Full and Super members. Purchase at https://atixa.org/resources/campus-ix-journal/. Employee Training |Prevention & Awareness | Professional Development Making Prevention Programming More Effective: 12 Dos and Don’ts The law requires institutions to engage in prevention programming designed to curb Title IXbased incidents. However, not all prevention programming is created the same. This 90-minute online training, first presented in 2012, reviews some common pitfalls to avoid that are still relevant today, as well as offering timely practices designed to create positive change in your students and campus. Pricing: $249.99. ATIXA members receive a 15 percent discount. Employee Training Mandated Reporter Training for Employees: Reporting Sex/Gender Discrimination, Harassment, and Campus Crime A full-service online training from ATIXA, this product is designed to inform employees about their duty to report behaviors that fall under Title IX. The training also addresses the reporting of crimes and crime statistics for Clery Act compliance when those crimes intersect with Title IX and Title VII. This training can be used in large groups or individually, and is appropriate for all employees, including staff, administrators, and faculty. This training will give participants: • An understanding of their expectations as mandated reporters • The ability to identify the institution’s mandated reporter policy • Knowledge of the three federal reporting laws and the ability to describe how each law imposes differing reporting standards • An understanding of the duty to report sexual abuse, sexual misconduct, and other behaviors that fall under Title IX, Title VII, and the Clery Act • The ability to identify types of sex and/or gender discrimination • An understanding of the role of their Title IX coordinator ATIXA offers two versions of its Mandated Reporter Training. Both provide the same legislative review, and offer additional details on reporting requirements and guidance on the Title IX coordinator role. Where these two versions differ is in the definition of employee roles as mandated reporters. This definition is driven by your institutional policies. Pricing: There is an annual fee for the training, based on the total number of institutional employees you intend to train. The cost typically ranges from $1 to $4 per participant, based on the number of users. A one-time, free viewing of this training is available so that you can evaluate the content to be sure that it is a good fit for your campus policy, employee reporting expectations, and training needs. 32
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Journal of Campus Title IX Compliance and Best Practices
Compliance | Professional Development Journal of Campus Title IX Compliance and Best Practices (Campus IX) ATIXA’s flagship, peer-reviewed journal is a space for Title IX coordinators, investigators, and administrators to come together and explore emerging best practices, cutting-edge research, legal opinions, and practical case studies relevant to the field of sexual assault prevention, investigation, remedies, and response. The inaugural volume was released during the 2015 ATIXA/ SCOPE Joint Conference, and the 2016 volume is now available for purchase.
ATIXA | FALL 2016 CATALOG Compliance | Employee Training | Policies & Procedures | Professional Development Mandatory Reporters Under Title IX, Title VII & Clery/Campus SaVE Originally presented in December 2013, this 90-minute online training informs participants about institutional and individual duties to report sexual abuse, sexual misconduct, and other behaviors that fall under Titles IX and VII, the Clery Act, and Section 304 of the Violence Against Women Act (Campus SaVE). Gain an understanding of the varying and often overlapping reporting expectations created by these laws. Plus, hear about a model approach to mandated reporting that can help eliminate confusion. Pricing: $249.99. ATIXA members receive a 15 percent discount.
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Compliance | Employee Training | Investigations | Professional Development Navigating the Intersection of Title IX and FERPA Originally presented in October 2014, this 90-minute online training addresses everything you need to know about the intersection of these two laws, including Office for Civil Rights and Family Policy Compliance Office guidance on the issue; a list of dos and don’ts for providing access to complaints by respondents, sharing investigative reports with all involved parties, and disclosure of final outcomes; when sharing information about a Title IX investigation violates FERPA or Title IX’s own confidentiality mandate; gag orders and the need to maintain confidentiality under Title IX; and how to obtain FERPA consent in Title IX cases. Best practices are highlighted to help your campus maintain compliance. Pricing: $349. ATIXA members receive a 15 percent discount. Policies & Procedures | Professional Development Policing the Drunken Campus Hook-up: Law, Policy and Best Practices Originally presented in May 2014, this 90-minute online training explores the intricacies of campus sexual assault policies as applied to intoxication and incapacitation, the challenges of helping hearing panels understand what crosses the line, and the potential for gender bias and discrimination that result from bad decisions. Participants will learn how to make the distinction between intoxication and incapacitation, the need for a “knew or should have known” standard to avoid a gender-biased disciplinary outcome, the blackout and how it relates to incapacity, and how to train panels and investigators to properly address when both parties involved in a complaint were drinking. Pricing: $349. ATIXA members receive a 15 percent discount. Resources & Response Position Statements ATIXA is committed to releasing a series of position statements on a number of relevant and timely topics, creating conversation and bringing continued awareness to issues of sexual violence, gender-based harassment, and victim advocacy. Among the 2015 topics were an analysis of the campus safety bills put before Congress; gender identity and gender expression; notation of expulsion and suspension on transcripts; the need for victim advocates on campus; and concealed carry legislation related to campus sexual violence. New 2016 statements include consent-based policies and the March AAUP report on Title IX. Pricing: Free. 33
ATIXA | FALL 2016 CATALOG Professional Development Preventing Burnout by Fostering Compassion Satisfaction among Title IX Administrators This 90-minute webinar presented in July 2016 explores how to foster compassion satisfaction or the ability to receive gratification from Title IX roles that require dealing with traumatized individuals and communities. It is based on a study funded with an ATIXA research grant, which combined extensive interdisciplinary research with interviews and surveys of current Title IX administrators. Implications for employees, supervisors, university communities, and the field will be discussed. Pricing: $349. ATIXA members receive a 15 percent discount. Purchase at www.ncherm.org/online-trainings/recent-online-trainings/#burnoutprevention.
Module 1: Hearing Board Competencies An hour-long discussion covering generalized hearing board competencies, this module helps participants understand their role, the importance of policy application, how to assess the relevance and credibility of information, and the discipline of making a sanction and recommending sanctions. Module 2: Title IX-Based Competencies This hour-long module focuses on Title IX-based competencies for boards, including ensuring an equitable process, conducting a balanced and fair process, managing the tension between Title IX and some due process protections, and meeting the prompt and effective remedy requirements of Title IX. Module 3: NCHERM Policy Analytic This hour-long module details the ATIXA-endorsed consent construct used to analyze sexual misconduct complaints when force, incapacitation, or consent are at issue. Module 4: Path to Good Decision-Making This hour-long discussion includes practical explorations of questioning skills, the analytical process, and models for effective deliberation. Also addressed are myths, victim-blaming, the sociology of victimization, false reporting, and pattern offense data. Pricing: $249.99 per module or $599.99 for all four. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount. Employee Training | Professional Development Sexual Misconduct Judicial Training Series As campus judicial decision-makers consider complaints involving complex interpersonal conflicts, it’s often difficult to separate sexual politics from questions of sexual conduct. This threepart series is designed to help participants do just that. 34
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Employee Training | Professional Development Sexual Misconduct Critical Issues Training for Boards Whether you have a conduct board, administrative hearing model, or use a separate board for sexual misconduct, institutions must train all hearing board members on an array of sexual misconduct issues. These four training modules, which are more recent than the Sexual Misconduct Judicial Training Series (see below), were released in 2011 and focus on best practices and general competencies for all campuses, and on developmental, educational tools.
ATIXA | FALL 2016 CATALOG Part I: Evaluating Sexual Misconduct Complaints: Force, Consent, and Incapacity This two-hour online training module explains The NCHERM Group’s sexual misconduct consent rubric, which divides sexual misconduct analysis into three relevant inquires to help guide campus decision-makers towards clear and concise consideration and easier deliberations. The rubric helps to dispel the myths that sexual misconduct complaints fraught with “gray areas,” or that are “he said/she said,” are impossible to determine, and enables participants to distinguish between drunk sex and a policy violation. Part II: Campus Sexual Misconduct and the Law Another two-hour module accompanied by materials, this training guides participants through the myriad of legal issues impacting campus sexual misconduct complaints. This module focuses on Title IX, FERPA, and the Clery Act, looks at precedents created by the courts through case law and by the Office for Civil Rights, and explains that while laws may set a framework for compliance, institutions’ obligations to their campus communities extend beyond mere compliance.
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Part III: Special Considerations in Hearing Sexual Misconduct Complaints The last training in this series follows a question-and-answer format, in which presenters and participants of the live-aired webinar explored issues such as the pros and cons of a separate conduct panel for sexual misconduct, whether it’s better for institutions or victims to serve as complainants, and best practices for addressing information about a party’s sexual history or character. Pricing: $249.99 per episode. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount. Resources & Response The ATIXA MaxStack An innovative tool from ATIXA, the MaxStack allows you to build in access to ATIXA’s proprietary forms, checklists, investigation templates, template letters, materials for Title IX case organization, documentation, and tracking within Maxient, the industry’s leading database for Title IX case documentation and tracking. ATIXA is placing more information at your fingertips to assess history and pattern evidence in any given Title IX-related case, and giving you the documentation you need when you need it with just a click. Only ATIXA members who are or who become Maxient software clients should purchase the MaxStack from ATIXA. All MaxStack materials are proprietary to ATIXA, and are reserved for ATIXA members only. Pricing: $499 to use and license ATIXA materials within the Maxient software. This includes new forms, letters, and templates added to the database as they are developed. ATIXA also offers a renewal package that allows you to renew your ATIXA membership and simultaneously license the MaxStack at a discount of $99 off the combined total. Policies & Procedures The ATIXA One Policy, One Process Models (1P1P) Based on the idea of a global human dignity resolution process, this model permits all discrimination complaints (age, race, sex, gender, nationality, etc.) to be resolved using one campus-wide policy and one standalone resolution process, for all faculty, students, and staff. This process can sit outside existing processes, or can be integrated into existing human resource, affirmative action, and student conduct models. 1P1P harnesses the existing resources of many departments to minimize the need for added staff and expense. 1P1P is not only Title IX compliant, but it also puts emphasis on meaningful remedies, social justice, 35
ATIXA | FALL 2016 CATALOG victim empowerment and advocacy, comprehensive investigation, and prompt, humane, non-adversarial resolution of everything from bias incidents to stalking, to rape, and intimate partner violence. Available in three versions: 1. Investigation —> Hearing —> Appeal 2. Investigation —> Recommendation to the Title IX Coordinator —> Title IX Coordinator Makes Final Recommendation. 3. Investigation —> Appeal Panel —> Title IX Coordinator Signs off on Panel Recommendation.
Policies & Procedures The ATIXA Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Model Policy and Procedures ATIXA is distributes freely and publicly its transformative ATIXA Sex/Gender Based Harassment, Discrimination and Sexual Misconduct Model Policy and Procedures, newly updated to reflect best practices, Title IX guidance and VAWA compliance mandates. Both our Policy and Procedures have helped hundreds of campuses as they strive to comply with Title IX and related legislation, as well as protect the safety of their communities. Pricing: No cost.
ATIXA Title IX and VAWA Sec. 304 Training Checklist
Checklist Key: ✔ Title IX required t Clery Act (VAWA Sec. 304) required É ATIXA added recommendation ℗ Primary Prevention Recommended
Level A Level B Level C* Level D * ATIXA recommends making all Faculty and Staff “Mandatory Reporters” for both Title IX and Clery-based incidents. Accordingly, this checklist reflects All Faculty & Title IX that approach. Those wishing to differentiate between Title IX and Clery First Staff; ATIXA All Compliance Act reporting responsibilities can parse the two out based on the Title IX Responders Mandatory Students Officers and Clery Act (VAWA Sec. 304) symbols. Reporters Overview of Title IX and Clery Act (VAWA Sec. 304): Law and Regulations Institution’s Title IX responsibilities to address sex- and gender-based ✔ ✔ ✔ ✔ harassment
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Institution’s Clery Act (VAWA Sec. 304) responsibilities to address u Sexual Assault, Domestic Violence, Dating Violence, and Stalking Role of federal government (especially OCR) in enforcing Title IX and ✔ DOJ’s role with Title IX Overview of the rights Title IX and Title IV confer on students and ✔ employees What is sexual harassment, sex discrimination, sexual assault, and ✔ sexual violence, and what are the differences between them ✔ 6 Differences between criminal and Title IX investigations 7 Title IX and Clery Act prohibitions on and protections against retaliation ✔u Institutional Policy Overview ✔ 8 Institution’s policies and prohibitions regarding Title IX-based harassment Institution’s policies and prohibitions regarding Sexual Assault, Domestic ✚ 9 Violence, Dating Violence, and Stalking ✔ 10 When institution exercises off-campus jurisdiction over Title IX complaints 11 Institution’s policies prohibiting retaliation ✔u Institutional Procedure Overview Institution’s disciplinary procedures to address Title IX-based complaints ✔ 12 and how victims can invoke them 2
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Preponderance of Evidence standard used to address all Title IXbased complaints and evidentiary standards used to address all Sexual Assault, Domestic Violence, Dating Violence, and Stalking complaints How institution analyzes whether conduct was unwelcome How institution analyzes whether conduct creates a hostile environment Institutional disciplinary procedures used to address Sexual Assault, Domestic Violence, Dating Violence, and Stalking How to evaluate and weigh evidence in an impartial manner Appeals procedures for Title IX Reporting The identity, role, function of, and how to contact the Title IX Coordinator When (upon notice), how, what, and to whom to report sex- and genderbased harassment Consequences for mandatory reporters failing to report sex- and genderbased harassment How to contact OCR Recognizing, responding to, appropriately addressing, and reporting allegations and complaints Procedures victims should follow if a Title IX violation or Sexual Assault, Domestic Violence, Dating Violence, or Stalking has occurred, including: 1) The importance of preserving evidence; 2) How and to whom to report such alleged offenses; and 3) Victims’ options to notify law enforcement and campus authorities (if victim so chooses) Appropriate interaction with victims Providing fair and objective communication and resources that do not discourage reporting Victimology/psychology of the victim/neurobiological effects of trauma Cultural competence in working with victims, reporting parties, witnesses, and responding parties Confidentiality Confidential reporting options on- and off-campus Responding to victim/reporting party request for confidentiality Information about how the institution protects the confidentiality of victims and other parties when: 1) providing accommodations and protective measures; and 2) working with publicly available documents Confidentiality/privacy of reports and other investigative information
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Compliance | Prevention & Awareness | Professional Development The ATIXA Title IX and VAWA Section 304 Training/Prevention Checklist Newly revised to incorporate new guidance on Title IX and the regulatory mandates of Section 304 of the Violence Against Women Act, this checklist distills all the new and existing requirements into a single, detailed and copiously researched chart that will help institutions to examine current policies and procedures and develop a comprehensive training and prevention education plan for faculty, staff, and students. It addresses audience, training content and topic overview, and legislative guidance for all training, prevention, education, awareness, and policy mandates, as well as recommendations related to sexual violence, sexual harassment, dating violence, domestic violence, and stalking.
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www.atixa.org © ATIXA, 2015. All rights reserved.
YU
YOUR UNIVERSITY LOGO HERE
A RESOURCE GUIDE FOR STUDENTS ON SEXUAL MISCONDUCT: CAMPUS POLICIES, PROCEDURES, AND VICTIM SERVICES
Pricing: Free of charge to ATIXA Full and Super members. Non-members can purchase it for $249. Purchase at https://atixa.org/resources/training-checklist/. Coordinator | Advocate/Educator | K–12 The VAWA-Compliant Victim’s Rights Brochure In response to your feedback, ATIXA now offers a faster, easier to customize, and more user-friendly version of its “Resource Guide for Students on Sexual Misconduct.” This essential resource is designed to help meet the requirements of VAWA’s Section 304 and educate students about campus policies and procedures. We have reduced the number of areas requiring customization to make your ordering process fast and painless; retooled areas requiring text input to minimize the amount of work required on your end; added more color choices to ensure consistency wih your school’s color scheme, and added detailed instructions for uploading image files. This brochure addresses: • What to do when students experience sexual misconduct • An explanation of “confidentiality” under Title IX • Key campus policies, procedures, and definitions 36
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Pricing: $2,500 per campus. Price includes all versions of the model and licensure. Free to Full and Super Members. Other member levels receive a 15 percent discount. Can be customized at an additional charge.
ATIXA | FALL 2016 CATALOG • • • • • •
An explanation of consent Students’ rights as members of the campus community Steps to remedy and respond to allegations of sexual misconduct Survivor options, resources, and remedies Risk reduction techniques Key contacts and on-campus and local resources
Pricing: Varies by quantities ordered. Template is free to Super and Full members. Purchase at https://atixa.org/resources/vawa-brochure/. Customization and printing of brochure is available at an additional cost. Employee Training | Professional Development Title IX and BITs Originally presented in April 2014, this 90-minute online training explains what campus Behavioral Intervention Teams (BITs) need to know about Title IX, whether the Title IX coordinator or investigator should be part of the campus BIT, and the Title IX reporting requirements with which BITs must comply. Plus, viewers will learn how the training and educational mission of their BITs overlaps with Title IX and what legal hot spots to keep on the radar screen related to Title IX. This training also includes an essential list of dos and don’ts, plus online resources for ensuring your campus BIT is Title IX compliant.
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Pricing: $349. ATIXA members receive a 15 percent discount. Coordinator |Advocate/Educator | K–12 Title IX and Transgender Issues While Title IX does not contain express provisions regarding discrimination against transgender students and employees, “on the basis of sex” is being interpreted more frequently in ways that embrace the law’s applicability to transgender plaintiffs. This 90-minute program presented in February 2016 describes the current state of the law, including the apparent conflict between the Department of Education’s current position on transgender rights under Title IX and the more narrow interpretation that a handful of lower federal courts have adopted in transgender rights cases under Title IX. Pricing: $349. ATIXA members receive a 15 percent discount. Compliance | Professional Development Title IX Catch-Up Title IX’s interpretation and implementation has changed drastically in recent years with the release of new guidance from the Office for Civil Rights and the passage of legislation that intersects with Title IX. If you’re new to Title IX work, the following online trainings can provide you with historical perspective and vital knowledge to ensure compliance for your institution. Rapid Response Webinar: A Summary of New Guidance from the Office for Civil Rights on Title IX On April 24, 2015, OCR issued new guidance to school superintendents and college presidents focusing on the need to designate a Title IX coordinator and affirming the importance of providing authority and support to this role within school districts and institutions of higher education. In this hour-long online training, presented in May 2015, ATIXA’s leadership reviews key takeaways from this “Dear Colleague Letter” guidance and the potential impacts to schools, colleges, and universities. Pricing: $249. ATIXA members receive a 15 percent discount. 37
ATIXA | FALL 2016 CATALOG A Rapid Response Webinar: Analyzing and Discussing the Recently Released FAQs from the Department of Education on the Title IX Dear Colleague Letter When OCR issued answers to 52 frequently asked questions from its April 4, 2011 “Dear Colleague Letter” in the spring of 2014, experts from The NCHERM Group and ATIXA stepped in to analyze the responses, share their opinions, and discuss the implications. This two-part online training presented in May 2014 provides a total of three hours of advice, insights, and expert guidance. Pricing: Part 1 is free; Part 2 is $349. ATIXA members receive a 15 percent discount. The Top Ten Things We Need to Know About Title IX (That the DCL Didn’t Tell Us) In under two hours, this online training provides participants with a critical understanding of 10 items that are key to complying with Title IX by providing a prompt, effective, and equitable response to any form of sex or gender discrimination occurring on college and university campuses.
The New DCL and Retaliation: A Rapid Response Webinar on What It Means for K-12 & Higher Education On April 24, 2013, OCR sent a “Dear Colleague Letter” reminding institutions that Title IX strictly prohibits retaliation against an individual who engages in complaining, reporting, testifying, or participating in an investigation or procedure related to behavior that would constitute a violation of Title IX. In under two hours, this webinar addresses what constitutes retaliation under Title IX vs. “regular” retaliation; what the guidelines mean for Title IX administrators and conduct officers; the elements of Title IX retaliation; the basic requirements of investigating retaliation; and training requirements. Pricing: $249. ATIXA members receive a 15 percent discount. Investigations | Professional Development Title IX Investigation and Technology: Eight Emerging and Common Issues In this online training, originally presented in December 2015, our experts explore the following eight emerging and common issues in how technology is changing the investigation landscape: 1. How students, faculty, and staff are communicating using technology 2. How technology is changing the rubric 3. Recent trends for using technology to assist in Title IX investigations 4. Popular dating and hook-up apps 5. Anonymous online harassment or discrimination 6. Text messages, photos, videos, and emails as evidence 7. Access to phone records, deleted social media, and deleted texts 8. Technology cheats, including fake texts and altered images Hands-on tips for improving and appropriately addressing Title IX investigations that involve technology are also shared during this 90-minute online training. Pricing: $349. ATIXA members receive a 15 percent discount.
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Pricing: $249. ATIXA members receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG DOI 10.17732/TIXT0109 PRINT ISSN 2377-8725 I ONLINE ISSN 2377-8733
IX TODAY
TITLE IX TODAY VOLUME 1, ISSUE 9 l DECEMBER 2015
TITLE IN THIS ISSUE From the Field Yeasin v. University of Kansas offers an important lesson about disciplining students for Title IX-based incidents. Page 2 Compliance Corner Understand the overlap between Titles IX and VII to avoid confusion and ensure full legal compliance by your institution. Pages 4-5 Professional Perspective Sheila McMahon, a sexual assault services and prevention specialist at Brandeis University, provides insights on how to create effective prevention programming. Pages 6-7 Coordinator’s Corner Understand how to build a sustainable Title IX team at your institution by embracing an ally mentality. Page 8
ABOUT US The NCHERM Group, LLC., a law and consulting firm offering systems-levels solutions to create safer campuses, and the Association of Title IX Administrators, which provides networking and professional development for Title IX coordinators, publish Title IX Today, its companion website, www.TitleIX.Today, and subscriber e-newsletter.
Helping colleges, universities & schools ensure gender equity
THE LEAD I SEXUAL MISCONDUCT
Empower students to develop and deploy prevention and intervention solutions
By Jennifer L. Ball, Ph.D., the balance more positive than negative Contributing Editor through their commitment and efforts. tudents want to be heard, re- I keep my experience more rewarding spected, and empowered to solve than frustrating by focusing on being a issues surrounding sexism, sexual mentor and a facilitator. violence, and consent for themselves. We often believe that it falls solely We need to recognize their passion on us to curb sexual assault at our inand commitment by making them a stitutions. These issues are bigger than meaningful part of any one person or of‘Students increase our fice, and need to be our prevention and intervention strate- capacity to respond to the addressed from that gies. We must use perspective. Whether them in developing Title IX issues we face on it’s gender discrimiour campuses.’ strategic plans, senation, sexual harasslecting outside pro— Ball ment, sexual violence, gramming, creating or stalking, we should prevention and intervention materi- view these as social issues in need of a als, executing trainings, and assessing community-based solution. That’s why our campus climate. While this level of programs like Green Dot, Step Up!, and commitment to student involvement Bringing in the Bystander use a social can feel daunting, it is the only way to ecological model. To affect real change truly solve the problem. at the societal level, we must make sure The most frustrating and reward- that students are helping solve the ising part of my work is partnering with sues at the individual, relationship, and students in developing prevention and community levels. intervention workshops. It’s frustrating A good first step is to examine our because they make the same mistakes role and consider if we are performI did 20 years ago, don’t have enough ing it in a way that overcomes or extime to dedicate to the effort, and some- acerbates the social barriers suggested times disagree with my solutions. It’s in the social ecological model. We can rewarding because they don’t make fail in two significant ways. Top-down, the same mistakes I make now, they culturally insensitive programming are dedicated to their culture in a way and training fails to acknowledge the that I can’t be, and our disagreements real culture of students and their peer lead to better, more sustainable solu- environment, causing a breakdown at tions for prevention and intervention. the individual and relationship levels The students with whom I work keep Continued on p. 3
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A publication of The NCHERM Group, LLC.
Professional Development Title IX Today A monthly, subscription newsletter, Title IX Today brings you the latest Title IX news, research, case law, practitioner tips, and expert guidance. With insights from our renowned advisory panel and a team of expert contributing editors, we provide you with a practical and concise road map to navigate even your most difficult Title IX challenges. In addition to an eight-page print issue, you also receive a monthly, companion e-newsletter; exclusive bonus content; plus links to new resources, news, and more. Pricing: $299 for a one-year subscription. ATIXA members receive 15 percent off the regular price. Receive a one-year subscription for half price when purchased in combination with any level of new or renewal membership. Purchase at https://titleix.today/subscribe/.
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Professional Development Title IX Training Videos A series of easy-to-use video training tools to help Title IX investigators and coordinators hone their skills. Each video offers a brief vignette lasting just a few minutes, in which a student and administrator talk about a Title IX-related incident. Currently available: • Amanda & Dancing Guy: A Case Study in Coercion • Beth & Junior Student: A Case Study in Consent • Amy & Todd: Incapacitation Case Study • Amy & Kevin: Second-Time Blackout • John & Benjy: Nonconsensual Sexual Contact Case Study Each professionally produced video comes with a transcript to help viewers follow along, a guide to help trainers introduce the materials, a set of questions and answers, and key takeaways. Pricing: $79 each, or all five for $379. Employee Training | Professional Development Training Hearing Boards on Best Practices This two-hour online training addresses the question of core competencies for campus conduct boards and the principles and best practices that produce sound decisions. It covers the concepts of basic fairness, analyzing and applying campus policy, deliberation skills, sanctioning principles, and questioning skills. Additionally, best practices from campuses around the country are shared. Pricing: $249.99. ATIXA members receive a 15 percent discount. . Prevention & Awareness U of Nine This app-based training solution is designed to help colleges and universities educate students and employees about sexual violence, sexual harassment, intimate partner violence, and stalking. A cost-effective way to offer awareness and education content for audiences that can be hard-to-reach, U of Nine offers modules that are quiz-based, and have been created by ATIXA in collaboration with Trivie, a leading education quiz-based training app company. Pricing: Sliding-scale pricing based on number of users. Free 14-day trials available online, as are free online trainings demonstrating the app. 39
ATIXA | FALL 2016 CATALOG Compliance | Professional Development Update on Title IX and Compliance Originally presented in June 2014, this one-hour online training helps viewers to understand what observations or behaviors faculty and staff members should report to the Title IX coordinator, how the training and educational mission of your institution overlaps with Title IX requirements, and legal hot spots to have on your radar. Plus, you’ll receive expert guidance on key Title IX complaints and case law. This training is not just for Title IX administrators and staff; train your student affairs administrators and staff, deans, and Behavioral Intervention Team members as well to ensure compliance with Title IX across your entire institution.
Employee Training | Investigations | Professional Development When Social Media & Title IX Collide: What Colleges Need to Know About Gossip Sites, Free Speech & Proactive Policies When social media networks and gossip sites are abused for the purpose of spreading rumors, gossip, and hateful language across campus, student conduct officers, counselors, and student affairs administrators are faced with a wide array of serious challenges. Where is the line between free speech and threatening, slanderous language? When is it a community disruption? What are the Title IX considerations? Originally presented in December 2014, this 90-minute online training provides those key answers, plus some challenges and opportunities from the counseling and conduct perspective. Case studies are used to discuss what you need to know about statements made online that require a Title IX response, plus the importance of assessing and addressing threat and danger presented in social media and other online posts. Pricing: $349. ATIXA members receive a 15 percent discount. Professional Development Unlimited Archived Online Trainings Gain access to all archived online trainings in the catalog now, plus those that will be added in the future and made available for individual purchase, for a single, flat-rate fee via an easy-to-use online portal. Pricing: $5,000. Professional Development Online Training Portal and Continuing Certification Credit Program Have you been certified as a Title IX coordinator or investigator during an ATIXA Certification Event? Are you considering obtaining certification? If so, the CCC program is for you. Our online professional development platform and related Online Training Portal allows you to track, maintain, and extend your professional development through our programs. CCCs are a cost-effective way to stay current and maintain your certification from the nation’s leader in higher education risk management. Pricing: The cost of certification is included in the price of event registration. There is no additional cost to participants. “Tokens” can also be purchased individually and distributed to users at your institution to participate in online trainings offered through the portal. For more information, contact a team member at ccc@ncherm.org. 40
Coordinator
Pricing: $349. ATIXA members receive a 15 percent discount.
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ATIXA | FALL 2016 CATALOG Compliance | Resources & Response ATIXA Model Climate Surveys Keeping a pulse on the campus climate as it relates to sex and gender equity is a must for ensuring Title IX compliance. ATIXA makes it easier to conduct climate surveys with a research-based survey template under development that will be customizable as needed to fit any institution’s needs. Offered in modules, the survey will cover faculty and staff, students, reporting/reporters, response, prevention, safety, prevalence, and exit. Pricing: The base modules will be offered free to ATIXA Full and Super members. Adding five more modules comes with a cost of $3,500. NCHERM will administer and/or analyze results for an additional cost. ATIXA nonmembers will be able to purchase the survey only in a $12,500 package that will include all modules and analytics.
Coordinator 41
Investigator
ATIXA | FALL 2016 CATALOG
Resources & Response ATIXA Member Library Available only to ATIXA members, the Member Library offers a wealth of resources specially tailored by membership type, making it easy for Title IX coordinators and teams, investigators, advocates and prevention educators, K-12 educators and administrators, and students to access what they need via unique Communities of Practice. Pricing: $29 for Student Membership; $149 for K-12 Educator and Administrator Membership; $149 for Victim/Survivor Advocate & Prevention Educator Membership; $249 for Investigator Membership; $599$2,499 for Full Individual and Institutional Membership; and $5,000 for Super Membership. Full and Super Membership levels receive access to all five Community of Practice Resource Libraries. Email atixas@atixa.org. Resources & Response ATIXA Weekly Newsletter In this weekly e-newsletter, ATIXA shares a Tip of the Week, spotlights important news, and provides a heads up about upcoming events. In addition, ATIXA’s Weekly Newsletter bring you information relevant to the field of education and Title IX, with article updates and announcements directing you to relevant content.
Investigations | Professional Development Blackouts and Consent: The Legal, Psychological, and Prevention Perspectives Blackout or brownouts are characterized by an inability or difficulty to recall the past as the result of alcohol or other drug use. This 90-minute online training, originally presented in December 2015, explains the issues complicating consent when a student experiences a blackout, whether en bloc or fragmentary. Can a student give consent at one point and then fail to recall this later? What about students who are physically unresponsive, but have clear recall? How does a blackout’s block on memory affect capacity to consent? How should the campus resolution process handle such a case? Participants will gain an understanding of what the latest literature and research says on this issue, plus the definitions of “blackout” and “brownout” from the legal, student conduct, and psychological/medical perspectives. Additionally, case studies provide the opportunity for further exploration. Pricing: $349. ATIXA members receive a 15 percent discount.
INVESTIGATION
in a Box
Investigations Investigation in a Box Kit The most comprehensive resource with all the tools you need to complete a thorough, reliable, and impartial investigation of potential sex- or gender-based discrimination or harassment. This 200+ page kit offers materials derived from national best practices, all in one place, including: • Checklists • Questioning templates • Models of proof • Charts, timelines, and tracking tools • Template letters and notifications 42
Investigator
Pricing: Free to all levels of ATIXA membership.
ATIXA | FALL 2016 CATALOG • • • • •
Case studies Sample reports Outcome letter templates Policy models Tips on analysis, evidence, and credibility
Compliant with Title IX and Section 304 of the Violence Against Women Act, this is the only publication of its kind, setting the industry standard for those tasked with investigating Title IX-related incidents on campus. The Kit is a fully electronic resource, with internal links and searchability for ease of usage. Pricing: $1,699. ATIXA members receive a 15 percent discount. Free with Super Membership. The Kit is included as part of the Investigator Training and Certification Courses.
Investigator
Employee Training | Professional Development Issues of Gender Violence in LGBT Communities Originally presented in July 2014, this hour-long online training outlines the practical and proactive steps that campus staff can take to better understand, as well as prevent and respond to, gender violence in LGBT communities. Participants will learn model language with which to discuss LGBT gender violence; the myths versus the facts on LGBT gender violence; how to better accommodate the needs of LGBT victims; special considerations for assisting LGBT reporting parties and working with LGBT respondents; plus much more. Pricing: $349. ATIXA members receive a 15 percent discount.
Journal of Campus Title IX Compliance and Best Practices
A Publication of the Association of Title IX Administrators (ATIXA)
[www.atixa.org]
Edited by Brian Van Brunt, Ed.D.
2015 • Volume 1
Compliance | Professional Development Journal of Campus Title IX Compliance and Best Practices (Campus IX) ATIXA’s flagship, peer-reviewed journal is a space for Title IX coordinators, investigators, and administrators to come together and explore emerging best practices, cutting-edge research, legal opinions, and practical case studies relevant to the field of sexual assault prevention, investigation, remedies, and response. The inaugural volume was released during the 2015 ATIXA/ SCOPE Joint Conference, and the 2016 volume is now available for purchase. Pricing: Member-only publication. $99 for paperback copies at ATIXA events. Available online for free for ATIXA Full and Super members. Purchase at https://atixa.org/resources/campus-ix-journal/. Compliance | Employee Training | Investigations | Professional Development Navigating the Intersection of Title IX and FERPA Originally presented in October 2014, this 90-minute online training addresses everything you need to know about the intersection of these two laws, including Office for Civil Rights and Family Policy Compliance Office guidance on the issue; a list of dos and don’ts for providing access to complaints by respondents, sharing investigative reports with all involved parties, and disclosure of final outcomes; when sharing information about a Title IX investigation violates FERPA or Title IX’s own confidentiality mandate; gag orders and the need to maintain confidentiality under Title IX; and how to obtain FERPA consent in Title IX cases. Best practices are highlighted to help your campus maintain compliance. Pricing: $349. ATIXA members receive a 15 percent discount. 43
ATIXA | FALL 2016 CATALOG Policies & Procedures | Professional Development Policing the Drunken Campus Hook-up: Law, Policy and Best Practices Originally presented in May 2014, this 90-minute online training explores the intricacies of campus sexual assault policies as applied to intoxication and incapacitation, the challenges of helping hearing panels understand what crosses the line, and the potential for gender bias and discrimination that result from bad decisions. Participants will learn how to make the distinction between intoxication and incapacitation, the need for a “knew or should have known” standard to avoid a gender-biased disciplinary outcome, the blackout and how it relates to incapacity, and how to train panels and investigators to properly address when both parties involved in a complaint were drinking. Pricing: $349. ATIXA members receive a 15 percent discount.
Pricing: Free. Resources & Response The ATIXA MaxStack An innovative tool from ATIXA, the MaxStack allows you to build in access to ATIXA’s proprietary forms, checklists, investigation templates, template letters, materials for Title IX case organization, documentation, and tracking within Maxient, the industry’s leading database for Title IX case documentation and tracking. ATIXA is placing more information at your fingertips to assess history and pattern evidence in any given Title IX-related case, and giving you the documentation you need when you need it with just a click. Only ATIXA members who are or who become Maxient software clients should purchase the MaxStack from ATIXA. All MaxStack materials are proprietary to ATIXA, and are reserved for ATIXA members only. Pricing: $499 to use and license ATIXA materials within the Maxient software. This includes new forms, letters, and templates added to the database as they are developed. ATIXA also offers a renewal package that allows you to renew your ATIXA membership and simultaneously license the MaxStack at a discount of $99 off the combined total. Investigations | Professional Development Title IX Investigation and Technology: Eight Emerging and Common Issues In this online training, originally presented in December 2015, our experts explore the following eight emerging and common issues in how technology is changing the investigation landscape: 1. How students, faculty, and staff are communicating using technology 2. How technology is changing the rubric 3. Recent trends for using technology to assist in Title IX investigations 4. Popular dating and hook-up apps 5. Anonymous online harassment or discrimination 44
Investigator
Resources & Response Position Statements ATIXA is committed to releasing a series of position statements on a number of relevant and timely topics, creating conversation and bringing continued awareness to issues of sexual violence, gender-based harassment, and victim advocacy. Among the 2015 topics were an analysis of the campus safety bills put before Congress; gender identity and gender expression; notation of expulsion and suspension on transcripts; the need for victim advocates on campus; and concealed carry legislation related to campus sexual violence. New 2016 statements include consent-based policies and the March AAUP report on Title IX.
ATIXA | FALL 2016 CATALOG 6. Text messages, photos, videos, and emails as evidence 7. Access to phone records, deleted social media, and deleted texts 8. Technology cheats, including fake texts and altered images Hands-on tips for improving and appropriately addressing Title IX investigations that involve technology are also shared during this 90-minute online training. Pricing: $349. ATIXA members receive a 15 percent discount. Employee Training | Professional Development Title IX and BITs Originally presented in April 2014, this 90-minute online training explains what campus Behavioral Intervention Teams (BITs) need to know about Title IX, whether the Title IX coordinator or investigator should be part of the campus BIT, and the Title IX reporting requirements with which BITs must comply. Plus, viewers will learn how the training and educational mission of their BITs overlaps with Title IX and what legal hot spots to keep on the radar screen related to Title IX. This training also includes an essential list of dos and don’ts, plus online resources for ensuring your campus BIT is Title IX compliant. Pricing: $349. ATIXA members receive a 15 percent discount.
Investigator
DOI 10.17732/TIXT0109 PRINT ISSN 2377-8725 I ONLINE ISSN 2377-8733
IX TODAY
TITLE IX TODAY VOLUME 1, ISSUE 9 l DECEMBER 2015
TITLE IN THIS ISSUE From the Field Yeasin v. University of Kansas offers an important lesson about disciplining students for Title IX-based incidents. Page 2 Compliance Corner Understand the overlap between Titles IX and VII to avoid confusion and ensure full legal compliance by your institution. Pages 4-5 Professional Perspective Sheila McMahon, a sexual assault services and prevention specialist at Brandeis University, provides insights on how to create effective prevention programming. Pages 6-7 Coordinator’s Corner Understand how to build a sustainable Title IX team at your institution by embracing an ally mentality. Page 8
ABOUT US The NCHERM Group, LLC., a law and consulting firm offering systems-levels solutions to create safer campuses, and the Association of Title IX Administrators, which provides networking and professional development for Title IX coordinators, publish Title IX Today, its companion website, www.TitleIX.Today, and subscriber e-newsletter.
Helping colleges, universities & schools ensure gender equity
THE LEAD I SEXUAL MISCONDUCT
Empower students to develop and deploy prevention and intervention solutions
By Jennifer L. Ball, Ph.D., the balance more positive than negative Contributing Editor through their commitment and efforts. tudents want to be heard, re- I keep my experience more rewarding spected, and empowered to solve than frustrating by focusing on being a issues surrounding sexism, sexual mentor and a facilitator. violence, and consent for themselves. We often believe that it falls solely We need to recognize their passion on us to curb sexual assault at our inand commitment by making them a stitutions. These issues are bigger than meaningful part of any one person or of‘Students increase our fice, and need to be our prevention and intervention strate- capacity to respond to the addressed from that gies. We must use perspective. Whether them in developing Title IX issues we face on it’s gender discrimiour campuses.’ strategic plans, senation, sexual harasslecting outside pro— Ball ment, sexual violence, gramming, creating or stalking, we should prevention and intervention materi- view these as social issues in need of a als, executing trainings, and assessing community-based solution. That’s why our campus climate. While this level of programs like Green Dot, Step Up!, and commitment to student involvement Bringing in the Bystander use a social can feel daunting, it is the only way to ecological model. To affect real change truly solve the problem. at the societal level, we must make sure The most frustrating and reward- that students are helping solve the ising part of my work is partnering with sues at the individual, relationship, and students in developing prevention and community levels. intervention workshops. It’s frustrating A good first step is to examine our because they make the same mistakes role and consider if we are performI did 20 years ago, don’t have enough ing it in a way that overcomes or extime to dedicate to the effort, and some- acerbates the social barriers suggested times disagree with my solutions. It’s in the social ecological model. We can rewarding because they don’t make fail in two significant ways. Top-down, the same mistakes I make now, they culturally insensitive programming are dedicated to their culture in a way and training fails to acknowledge the that I can’t be, and our disagreements real culture of students and their peer lead to better, more sustainable solu- environment, causing a breakdown at tions for prevention and intervention. the individual and relationship levels The students with whom I work keep Continued on p. 3
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A publication of The NCHERM Group, LLC.
Professional Development Title IX Today A monthly, subscription newsletter, Title IX Today brings you the latest Title IX news, research, case law, practitioner tips, and expert guidance. With insights from our renowned advisory panel and a team of expert contributing editors, we provide you with a practical and concise road map to navigate even your most difficult Title IX challenges. In addition to an eight-page print issue, you also receive a monthly, companion e-newsletter; exclusive bonus content; plus links to new resources, news, and more. Pricing: $299 for a one-year subscription. ATIXA members receive 15 percent off the regular price. Receive a one-year subscription for half price when purchased in combination with any level of new or renewal membership. Purchase at https://titleix.today/subscribe/. Professional Development Title IX Training Videos A series of easy-to-use video training tools to help Title IX investigators and coordinators hone their skills. Each video offers a brief vignette lasting just a few minutes, in which a student and administrator talk about a Title IX-related incident. Currently available: • Amanda & Dancing Guy: A Case Study in Coercion • Beth & Junior Student: A Case Study in Consent • Amy & Todd: Incapacitation Case Study • Amy & Kevin: Second-Time Blackout • John & Benjy: Nonconsensual Sexual Contact Case Study Each professionally produced video comes with a transcript to help viewers follow along, a guide to help trainers introduce the materials, a set of questions and answers, and key takeaways. Pricing: $79 each, or all five for $379. 45
ATIXA | FALL 2016 CATALOG Employee Training | Investigations | Professional Development When Social Media & Title IX Collide: What Colleges Need to Know About Gossip Sites, Free Speech & Proactive Policies When social media networks and gossip sites are abused for the purpose of spreading rumors, gossip, and hateful language across campus, student conduct officers, counselors, and student affairs administrators are faced with a wide array of serious challenges. Where is the line between free speech and threatening, slanderous language? When is it a community disruption? What are the Title IX considerations? Originally presented in December 2014, this 90-minute online training provides those key answers, plus some challenges and opportunities from the counseling and conduct perspective. Case studies are used to discuss what you need to know about statements made online that require a Title IX response, plus the importance of assessing and addressing threat and danger presented in social media and other online posts.
Professional Development Online Training Portal and Continuing Certification Credit Program Have you been certified as a Title IX coordinator or investigator during an ATIXA Certification Event? Are you considering obtaining certification? If so, the CCC program is for you. Our online professional development platform and related Online Training Portal allows you to track, maintain, and extend your professional development through our programs. CCCs are a cost-effective way to stay current and maintain your certification from the nation’s leader in higher education risk management. Pricing: The cost of certification is included in the price of event registration. There is no additional cost to participants. “Tokens” can also be purchased individually and distributed to users at your institution to participate in online trainings offered through the portal. For more information, contact a team member at ccc@ncherm.org.
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Investigator
Pricing: $349. ATIXA members receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG
Advocate/Educator
Professional Development Addressing Title IX Matters in an Online Environment With many campuses now offering online and extended learning opportunities, there is a need to understand how to best address matters involving distance students. Originally presented in August 2014, this online training covers who should be involved in addressing Title IX issues online, exactly how to do so, plus how to effectively document cases, communicate with parties involved in a complaint, and track actions. Additional discussion includes remedies for supporting victims and opportunities for appropriate sanctioning of accused parties, as well as tools and tips for mitigating and redirecting inbound communications from remote individuals. Participants learn how to offer support and resources for faculty and staff related to gender- and sex- based discrimination and harassment occurring online. Pricing: $349. ATIXA members receive a 15 percent discount. Resources & Response ATIXA Member Library Available only to ATIXA members, the Member Library offers a wealth of resources specially tailored by membership type, making it easy for Title IX coordinators and teams, investigators, advocates and prevention educators, K-12 educators and administrators, and students to access what they need via unique Communities of Practice.
Advocate/Educator
Pricing: $29 for Student Membership; $149 for K-12 Educator and Administrator Membership; $149 for Victim/Survivor Advocate & Prevention Educator Membership; $249 for Investigator Membership; $599-$2,499 for Full Individual and Institutional Membership; and $5,000 for Super Membership. Full and Super Membership levels receive access to all five Community of Practice Resource Libraries. Email atixa@atixa.org. Resources & Response ATIXA Weekly Newsletter In this weekly e-newsletter, ATIXA shares a Tip of the Week, spotlights important news, and provides a heads up about upcoming events. In addition, ATIXA’s Weekly Newsletter bring you information relevant to the field of education and Title IX, with article updates and announcements directing you to relevant content. Pricing: Free to all levels of ATIXA membership. Compliance | Employee Training | Prevention & Awareness | Professional Development Campus Survivor Advocacy Research and best practice document that confidential advocates improve survivors’ experience when accessing support or seeking a resolution. Violence Against Women Act regulations require that student reporting and responding parties have access to an advisor of their choice throughout the campus reporting process. This 90-minute program, presented in September 2016, discusses the robust history of campus survivor advocacy, considerations for creating a campus-based program and/or contracting community advocates, and how privilege and confidentiality factor into the advocate role. Pricing: $349. ATIXA members receive a 15 percent discount. 47
ATIXA | FALL 2016 CATALOG
101: WITH BRIAN VAN BRUNT, ED.D. & DANIEL C. SWINTON, J.D., ED.D.
Professional Development Climate Surveys 101: A Practical Guide to Get You Started Part of The NCHERM Group’s Audio Essentials series, this 30-minute audio episode explains how to obtain buy-in for conducting climate surveys and overcome common obstacles and objections. Plus, you’ll learn how to develop a good survey instrument, achieve a good response rate, and get the most of your resulting data. You’ll also receive a colorful and informative companion text that summarizes the key points from the audio episode, so you can access the information you need quickly when you need it. Pricing: $49. Compliance | Prevention & Awareness | Professional Development Complying with the Campus SaVE Act Through Ongoing Educational Campaigns: Prevention Through Positive Media Messages The Campus SaVE Act, now known as Section 304 of the Violence Against Women Act, requires that campuses engage students and employees in ongoing educational campaigns related to sexual assault, dating and domestic violence, stalking, and bystander intervention. This hour-long online training, originally presented in December 2014, focuses on how social norms and marketing campaigns can serve as prevention strategies. Methods for the creation, implementation, and evaluation of campaigns are explored. Pricing: $349. ATIXA members receive a 15 percent discount. Professional Development Creating, Implementing, and Applying Climate Surveys The Office for Civil Rights and the White House Task Force to Protect Students from Sexual Assault encourage institutions to regularly assess campus climate via a survey instrument. This 90-minute online training, originally presented in July 2015, explains why some of the existing templates are problematic, and offers guidance on what survey items to include and topics to cover, sample sizes, statistically significant results, institutional review board approval, publishing results, and analyzing the data collected. Pricing: $349. ATIXA members receive a 15 percent discount. Employee Training | Prevention & Awareness | Professional Development Doing Bystander Intervention Well: Seven Easy Steps Originally presented in April 2014, this 90-minute online training reviews the basic tenets of bystander intervention while offering specific and practical advice to assist institutions in moving forward to reduce problematic behavior on campus and within the community. Several different successful bystander intervention programs are highlighted, and practical case examples and advice are shared so you can create a sound bystander intervention program on your campus. Pricing: $349. ATIXA members receive a 15 percent discount. Professional Development Gamechangers: Reshaping Campus Sexual Misconduct Through Litigation As the courts continue reshaping campus sexual misconduct through expansive interpretations of Title IX, with high dollar verdicts to decisions on administrators’ personal liability, we’re getting the message loud and clear about what happens when we don’t get sexual misconduct cases right. This 90-minute online training originally presented in 2010 provides a review of relevant case law and guidance on: 48
Advocate/Educator
A PRODUCT FROM THE NCHERM GROUP, LLC.
ATIXA | FALL 2016 CATALOG • • • • • •
How Title IX applies to sexual violence, and the implications of violating Title IX What constitutes actual notice, deliberate indifference, and prompt and equitable remedies The duty to investigate How Title IX impacts conduct processes and sanctioning, appeals, and criminal prosecutions How Title IX impacts the role of the complainant How Title IX impacts off-campus conduct
Pricing: $249.99. ATIXA members receive a 15 percent discount. Employee Training | Professional Development Hosting Minors on Campus: What You Need to Know Minors come on campus for a variety of reasons during the course of the year. Given recent cases involving minor abuse on campus, it is essential to review your institution’s policy and procedures that guide action when minors come to campus. Explore heightened risk issues of mandated reporting, parental notification, single-day events, and the special considerations when minors stay overnight in this hourlong training, originally presented in March 2014. Plus, learn how to identify and avoid common pitfalls. Pricing: $349. ATIXA members receive a 15 percent discount.
Advocate/Educator
Employee Training | Professional Development Issues of Gender Violence in LGBT Communities Originally presented in July 2014, this hour-long online training outlines the practical and proactive steps that campus staff members can take to better understand, as well as prevent and respond to, gender violence in LGBT communities. Participants will learn model language with which to discuss LGBT gender violence; the myths versus the facts on LGBT gender violence; how to better accommodate the needs of LGBT victims; special considerations for assisting LGBT reporting parties and working with LGBT respondents; plus more. Pricing: $349. ATIXA members receive a 15 percent discount. Employee Training | Professional Development Issues of Title IX and Pregnancy The protections offered to pregnant and parenting students under Title IX can be a source of confusion for faculty, staff, and administrators. Having a solid understanding of what the law requires as it pertains to students who are pregnant or parenting is essential for creating understanding and compliance campuswide. This hour-long online training, originally presented in 2012, can help you do that. Pricing: $249.99. ATIXA members receive a 15 percent discount.
Journal of Campus Title IX Compliance and Best Practices
A Publication of the Association of Title IX Administrators (ATIXA)
[www.atixa.org]
Edited by Brian Van Brunt, Ed.D.
2015 • Volume 1
Compliance | Professional Development Journal of Campus Title IX Compliance and Best Practices (Campus IX) ATIXA’s flagship, peer-reviewed journal is a space for Title IX coordinators, investigators, and administrators to come together and explore emerging best practices, cutting-edge research, legal opinions, and practical case studies relevant to the field of sexual assault prevention, investigation, remedies, and response. The inaugural volume was released during the 2015 ATIXA/ SCOPE Joint Conference, and the 2016 volume is now available for purchase. Pricing: Member-only publication. $99 for paperback copies at ATIXA events. Available online for free for ATIXA Full and Super members. Purchase at https://atixa.org/resources/campus-ix-journal/. 49
ATIXA | FALL 2016 CATALOG Employee Training |Prevention & Awareness | Professional Development Making Prevention Programming More Effective: 12 Dos and Don’ts The law requires institutions to engage in prevention programming designed to curb Title IX-based incidents. However, not all prevention programming is created the same. This 90-minute online training, first presented in 2012, reviews some common pitfalls to avoid that are still relevant today, as well as offering timely practices designed to create positive change in your students and campus.
Employee Training Mandated Reporter Training for Employees: Reporting Sex/Gender Discrimination, Harassment, and Campus Crime A full-service online training from ATIXA, this product is designed to inform employees about their duty to report behaviors that fall under Title IX. The training also addresses the reporting of crimes and crime statistics for Clery Act compliance when those crimes intersect with Title IX and Title VII. This training can be used in large groups or individually, and is appropriate for all employees, including staff, administrators, and faculty. This training will give participants: • An understanding of their expectations as mandated reporters • The ability to identify the institution’s mandated reporter policy • Knowledge of the three federal reporting laws and the ability to describe how each law imposes differing reporting standards • An understanding of the duty to report sexual abuse, sexual misconduct, and other behaviors that fall under Title IX, Title VII, and the Clery Act • The ability to identify types of sex and/or gender discrimination • An understanding of the role of their Title IX coordinator ATIXA offers two versions of its Mandated Reporter Training. Both provide the same legislative review, and offer additional details on reporting requirements and guidance on the Title IX coordinator role. Where these two versions differ is in the definition of employee roles as mandated reporters. This definition is driven by your institutional policies. Pricing: There is an annual fee for the training, based on the total number of institutional employees you intend to train. The cost typically ranges from $1 to $4 per participant, based on the number of users. A one-time, free viewing of this training is available so that you can evaluate the content to be sure that it is a good fit for your campus policy, employee reporting expectations, and training needs. Compliance | Employee Training | Policies & Procedures | Professional Development Mandatory Reporters Under Title IX, Title VII & Clery/Campus SaVE Originally presented in December 2013, this 90-minute online training informs participants about institutional and individual duties to report sexual abuse, sexual misconduct, and other behaviors that fall under Titles IX and VII, the Clery Act, and Section 304 of the Violence Against Women Act (Campus SaVE). Gain an understanding of the varying and often overlapping reporting expectations created by these laws. Plus, hear about a model approach to mandated reporting that can help eliminate confusion. Pricing: $249.99. ATIXA members receive a 15 percent discount. 50
Advocate/Educator
Pricing: $249.99. ATIXA members receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG Compliance | Employee Training | Investigations | Professional Development Navigating the Intersection of Title IX and FERPA Originally presented in October 2014, this 90-minute online training addresses everything you need to know about the intersection of these two laws, including Office for Civil Rights and Family Policy Compliance Office guidance on the issue; a list of dos and don’ts for providing access to complaints by respondents, sharing investigative reports with all involved parties, and disclosure of final outcomes; when sharing information about a Title IX investigation violates FERPA or Title IX’s own confidentiality mandate; gag orders and the need to maintain confidentiality under Title IX; and how to obtain FERPA consent in Title IX cases. Best practices are highlighted to help your campus maintain compliance. Pricing: $349. ATIXA members receive a 15 percent discount. Resources & Response Position Statements ATIXA is committed to releasing a series of position statements on a number of relevant and timely topics, creating conversation and bringing continued awareness to issues of sexual violence, gender-based harassment, and victim advocacy. Among the 2015 topics were an analysis of the campus safety bills put before Congress; gender identity and gender expression; notation of expulsion and suspension on transcripts; the need for victim advocates on campus; and concealed carry legislation related to campus sexual violence. New 2016 statements include consent-based policies and the March AAUP report on Title IX.
Advocate/Educator
Pricing: Free. Employee Training | Professional Development Sexual Misconduct Critical Issues Training for Boards Whether you have a conduct board, administrative hearing model, or use a separate board for sexual misconduct, institutions must train all hearing board members on an array of sexual misconduct issues. These four training modules, which are more recent than the Sexual Misconduct Judicial Training Series (see below), were released in 2011 and focus on best practices and general competencies for all campuses, and on developmental, educational tools. Module 1: Hearing Board Competencies An hour-long discussion covering generalized hearing board competencies, this module helps participants understand their role, the importance of policy application, how to assess the relevance and credibility of information, and the discipline of making a sanction and recommending sanctions. Module 2: Title IX-Based Competencies This hour-long module focuses on Title IX-based competencies for boards, including ensuring an equitable process, conducting a balanced and fair process, managing the tension between Title IX and some due process protections, and meeting the prompt and effective remedy requirements of Title IX. Module 3: NCHERM Policy Analytic This hour-long training module details the ATIXA-endorsed consent construct used to analyze sexual misconduct complaints when force, incapacitation, or consent are at issue. 51
ATIXA | FALL 2016 CATALOG Module 4: Path to Good Decision-Making This hour-long discussion includes practical explorations of questioning skills, the analytical process, and models for effective deliberation. Also addressed are myths, victim-blaming, the sociology of victimization, false reporting, and pattern offense data. Pricing: $249.99 per module or $599.99 for all four. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount. Employee Training | Professional Development Sexual Misconduct Judicial Training Series As campus judicial decision-makers consider complaints involving complex interpersonal conflicts, it’s often difficult to separate sexual politics from questions of sexual conduct. This threepart series is designed to help participants do just that.
Part II: Campus Sexual Misconduct and the Law Another two-hour module accompanied by materials, this training guides participants through the myriad of legal issues impacting campus sexual misconduct complaints. This module focuses on Title IX, FERPA, and the Clery Act, looks at precedents created by the courts through case law and by the Office for Civil Rights, and explains that while laws may set a framework for compliance, institutions’ obligations to their campus communities extend beyond mere compliance. Part III: Special Considerations in Hearing Sexual Misconduct Complaints The last training in this series follows a question-and-answer format, in which presenters and participants of the live-aired webinar explored issues such as the pros and cons of a separate conduct panel for sexual misconduct, whether it’s better for institutions or victims to serve as complainants, and best practices for addressing information about a party’s sexual history or character. Pricing: $249.99 per episode. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount.
YU
YOUR UNIVERSITY LOGO HERE
A RESOURCE GUIDE FOR STUDENTS ON SEXUAL MISCONDUCT: CAMPUS POLICIES, PROCEDURES, AND VICTIM SERVICES
Coordinator | Advocate/Educator | K–12 The VAWA-Compliant Victim’s Rights Brochure In response to your feedback, ATIXA now offers a faster, easier to customize, and more user-friendly version of its “Resource Guide for Students on Sexual Misconduct.” This essential resource is designed to help meet the requirements of VAWA’s Section 304 and educate students about campus policies and procedures. We have reduced the number of areas requiring customization to make your ordering process fast and painless; retooled areas requiring text input to minimize the amount of work required on your end; added more color choices to ensure consistency wih your school’s color scheme, and added detailed instructions for uploading image files. This brochure addresses: • What to do when students experience sexual misconduct • An explanation of “confidentiality” under Title IX • Key campus policies, procedures, and definitions 52
Advocate/Educator
Part I: Evaluating Sexual Misconduct Complaints: Force, Consent, and Incapacity This two-hour module explains The NCHERM Group’s sexual misconduct consent rubric, which divides sexual misconduct analysis into three relevant inquires to help guide campus decision-makers towards clear and concise consideration and easier deliberations. The rubric helps to dispel the myths that sexual misconduct complaints fraught with “gray areas,” or that are “he said/she said,” are impossible to determine, and enables participants to distinguish between drunk sex and a policy violation.
ATIXA | FALL 2016 CATALOG • • • • • •
An explanation of consent Students’ rights as members of the campus community Steps to remedy and respond to allegations of sexual misconduct Survivor options, resources, and remedies Risk reduction techniques Key contacts and on-campus and local resources
Pricing: Varies by quantities ordered. Template is free to Super and Full members. Purchase at https:// atixa.org/resources/vawa-brochure/. Customization and printing of brochure is available at an additional cost. Employee Training | Professional Development Title IX and BITs Originally presented in April 2014, this 90-minute online training explains what campus Behavioral Intervention Teams (BITs) need to know about Title IX, whether the Title IX coordinator or investigator should be part of the campus BIT, and the Title IX reporting requirements with which BITs must comply. Plus, viewers will learn how the training and educational mission of their BITs overlaps with Title IX and what legal hot spots to keep on the radar screen related to Title IX. This training also includes an essential list of dos and don’ts, plus online resources for ensuring your campus BIT is Title IX compliant. Pricing: $349. ATIXA members receive a 15 percent discount.
Advocate/Educator
Coordinator |Advocate/Educator | K–12 Title IX and Transgender Issues While Title IX does not contain express provisions regarding discrimination against transgender students and employees, “on the basis of sex” is being interpreted more frequently in ways that embrace the law’s applicability to transgender plaintiffs. This 90-minute program presented in February 2016 describes the current state of the law, including the apparent conflict between the Department of Education’s current position on transgender rights under Title IX and the more narrow interpretation that a handful of lower federal courts have adopted in transgender rights cases under Title IX. Pricing: $349. ATIXA members receive a 15 percent discount. DOI 10.17732/TIXT0109 PRINT ISSN 2377-8725 I ONLINE ISSN 2377-8733
IX TODAY
TITLE IX TODAY VOLUME 1, ISSUE 9 l DECEMBER 2015
TITLE IN THIS ISSUE From the Field Yeasin v. University of Kansas offers an important lesson about disciplining students for Title IX-based incidents. Page 2 Compliance Corner Understand the overlap between Titles IX and VII to avoid confusion and ensure full legal compliance by your institution. Pages 4-5 Professional Perspective Sheila McMahon, a sexual assault services and prevention specialist at Brandeis University, provides insights on how to create effective prevention programming. Pages 6-7 Coordinator’s Corner Understand how to build a sustainable Title IX team at your institution by embracing an ally mentality. Page 8
ABOUT US The NCHERM Group, LLC., a law and consulting firm offering systems-levels solutions to create safer campuses, and the Association of Title IX Administrators, which provides networking and professional development for Title IX coordinators, publish Title IX Today, its companion website, www.TitleIX.Today, and subscriber e-newsletter.
Helping colleges, universities & schools ensure gender equity
THE LEAD I SEXUAL MISCONDUCT
Empower students to develop and deploy prevention and intervention solutions
By Jennifer L. Ball, Ph.D., the balance more positive than negative Contributing Editor through their commitment and efforts. tudents want to be heard, re- I keep my experience more rewarding spected, and empowered to solve than frustrating by focusing on being a issues surrounding sexism, sexual mentor and a facilitator. violence, and consent for themselves. We often believe that it falls solely We need to recognize their passion on us to curb sexual assault at our inand commitment by making them a stitutions. These issues are bigger than meaningful part of any one person or of‘Students increase our fice, and need to be our prevention and intervention strate- capacity to respond to the addressed from that gies. We must use perspective. Whether them in developing Title IX issues we face on it’s gender discrimiour campuses.’ strategic plans, senation, sexual harasslecting outside proment, sexual violence, — Ball gramming, creating or stalking, we should prevention and intervention materi- view these as social issues in need of a als, executing trainings, and assessing community-based solution. That’s why our campus climate. While this level of programs like Green Dot, Step Up!, and commitment to student involvement Bringing in the Bystander use a social can feel daunting, it is the only way to ecological model. To affect real change truly solve the problem. at the societal level, we must make sure The most frustrating and reward- that students are helping solve the ising part of my work is partnering with sues at the individual, relationship, and students in developing prevention and community levels. intervention workshops. It’s frustrating A good first step is to examine our because they make the same mistakes role and consider if we are performI did 20 years ago, don’t have enough ing it in a way that overcomes or extime to dedicate to the effort, and some- acerbates the social barriers suggested times disagree with my solutions. It’s in the social ecological model. We can rewarding because they don’t make fail in two significant ways. Top-down, the same mistakes I make now, they culturally insensitive programming are dedicated to their culture in a way and training fails to acknowledge the that I can’t be, and our disagreements real culture of students and their peer lead to better, more sustainable solu- environment, causing a breakdown at tions for prevention and intervention. the individual and relationship levels The students with whom I work keep Continued on p. 3
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A publication of The NCHERM Group, LLC.
Professional Development Title IX Today A monthly, subscription newsletter, Title IX Today brings you the latest Title IX news, research, case law, practitioner tips, and expert guidance. With insights from our renowned advisory panel and a team of expert contributing editors, we provide you with a practical and concise road map to navigate even your most difficult Title IX challenges. In addition to an eight-page print issue, you also receive a monthly, companion e-newsletter; exclusive bonus content; plus links to new resources, news, and more. Pricing: $299 for a one-year subscription. ATIXA members receive 15 percent off the regular price. Receive a one-year subscription for half price when purchased in combination with any level of new or renewal membership. Purchase at https://titleix.today/subscribe/. Employee Training | Professional Development Training Hearing Boards on Best Practices This two-hour online training addresses the question of core competencies for campus conduct boards and the principles and best practices that produce sound decisions. It covers the concepts of basic fairness, analyzing and applying campus policy, deliberation skills, sanctioning principles, and questioning skills. Additionally, best practices from campuses around the country are shared. Pricing: $249.99. ATIXA members receive a 15 percent discount. . 53
ATIXA | FALL 2016 CATALOG Compliance | Professional Development Update on Title IX and Compliance Originally presented in June 2014, this one-hour training helps viewers to understand what observations or behaviors faculty and staff members should report to the Title IX coordinator, how the mission of your institution overlaps with Title IX, and legal hot spots to have on your radar. Plus, you’ll receive expert guidance on key Title IX complaints and case law. This training is not just for Title IX administrators and staff; train your student affairs administrators and staff, deans, and Behavioral Intervention Team members as well. Pricing: $349. ATIXA members receive a 15 percent discount. Employee Training | Investigations | Professional Development When Social Media & Title IX Collide: What Colleges Need to Know About Gossip Sites, Free Speech & Proactive Policies When social media and gossip sites are abused for spreading rumors, gossip, and hateful language across campus, student conduct officers, counselors, and student affairs administrators are faced with a wide array of serious challenges. Where is the line between free speech and threatening, slanderous language? When is it a community disruption? What are the Title IX considerations? Originally presented in December 2014, this 90-minute training provides those key answers, plus some challenges and opportunities from the counseling and conduct perspective. Case studies are used to discuss what you need to know.
Professional Development Unlimited Archived Online Trainings Gain access to all archived online trainings in the catalog now, plus those that will be added in the future and made available for individual purchase, for a single, flat-rate fee via an easy-to-use online portal. Pricing: $5,000. Professional Development Online Training Portal and Continuing Certification Credit Program Have you been certified as a Title IX coordinator or investigator during an ATIXA Certification Event? Are you considering obtaining certification? If so, the CCC program is for you. Our online platform and related Online Training Portal allows you to track, maintain, and extend your professional development through our programs. CCCs are a cost-effective way to stay current and maintain your certification.
CO M
ING
201
7!
Pricing: The cost of certification is included in the price of event registration. There is no additional cost to participants. “Tokens” can also be purchased individually and distributed to users at your institution to participate through the portal. For more information, contact a team member at ccc@ncherm.org. Compliance | Resources & Response ATIXA Model Climate Surveys Keeping a pulse on the campus climate as it relates to sex and gender equity is a must for ensuring Title IX compliance. ATIXA makes it easier to conduct climate surveys with a research-based template under development that will be customizable to fit any institution’s needs. Offered in modules, the survey will cover faculty and staff, students, reporting/reporters, response, prevention, safety, prevalence, and exit. Pricing: Base modules will be free to ATIXA Full and Super members. Adding five modules will cost $3,500. The NCHERM Group will administer and/or analyze results for an additional cost. ATIXA nonmembers will be able to purchase the survey in a $12,500 package that will include all modules and analytics. 54
Advocate/Educator
Pricing: $349. ATIXA members receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG
K–12
Professional Development Addressing Title IX Matters in an Online Environment With many campuses now offering online and extended learning opportunities, there is a need to understand how to best address matters involving distance students. Originally presented in August 2014, this online training covers who should be involved in addressing Title IX issues online, exactly how to do so, plus how to effectively document cases, communicate with parties involved in a complaint, and track actions. Additional discussion includes remedies for supporting victims and opportunities for appropriate sanctioning of accused parties, as well as tools and tips for mitigating and redirecting inbound communications from remote individuals. Participants learn how to offer support and resources for faculty and staff related to gender- and sex- based discrimination and harassment occurring online. Pricing: $349. ATIXA members receive a 15 percent discount. Resources & Response ATIXA Member Library Available only to ATIXA members, the Member Library offers a wealth of resources specially tailored by membership type, making it easy for Title IX coordinators and teams, investigators, advocates and prevention educators, K-12 educators and administrators, and students to access what they need via unique Communities of Practice. Pricing: $29 for Student Membership; $149 for K-12 Educator and Administrator Membership; $149 for Victim/Survivor Advocate & Prevention Educator Membership; $249 for Investigator Membership; $599-$2,499 for Full Individual and Institutional Membership; and $5,000 for Super Membership. Full and Super Membership levels receive access to all five Community of Practice Resource Libraries. For more information, email atixa@atixa.org.
K–12
Resources & Response ATIXA Weekly Newsletter In this weekly e-newsletter, ATIXA shares a Tip of the Week, spotlights important news, and provides a heads up about upcoming events. In addition, ATIXA’s Weekly Newsletter bring you information relevant to the field of education and Title IX, with article updates and announcements directing you to relevant content. Pricing: Free to all levels of ATIXA membership. Investigations | Professional Development Blackouts and Consent: The Legal, Psychological, and Prevention Perspectives Blackout or brownouts are characterized by an inability or difficulty to recall the past as the result of alcohol or other drug use. This 90-minute online training, originally presented in December 2015, explains the issues complicating consent when a student experiences a blackout, whether en bloc or fragmentary. Can a student give consent at one point and then fail to recall this later? What about students who are physically unresponsive, but have clear recall? How does a blackout’s block on memory affect capacity to consent? How should the campus resolution process handle such a case? Participants will gain an understanding of what the latest literature and research says on this issue, plus the definitions of “blackout” and “brownout” from the legal, student conduct, and psychological/medical perspectives. Additionally, case studies provide the opportunity for further exploration. Pricing: $349. ATIXA members receive a 15 percent discount. 55
ATIXA | FALL 2016 CATALOG Compliance | Employee Training | Prevention & Awareness | Professional Development Campus Survivor Advocacy Research and best practice document that confidential advocates improve survivors’ experience when accessing support or seeking a resolution. Violence Against Women Act regulations require that student reporting and responding parties have access to an advisor of their choice throughout the campus reporting process. This 90-minute program, presented in September 2016, discusses the robust history of campus survivor advocacy, considerations for creating a campus-based program and/or contracting community advocates, and how privilege and confidentiality factor into the advocate role. Pricing: $349. ATIXA members receive a 15 percent discount. Compliance | Policies & Procedures Clery Act Annual Security Report Template Language to Comply with VAWA Section 304 (Campus SaVE) Section 304 of the Violence Against Women Reauthorization Act added 70 new disclosure and substantive requirements to the Clery Act. This product provides template language to satisfy all of the VAWA Section 304 disclosure requirements. It’s nine pages of model language containing policy and procedure information outlined by Title IX and VAWA 304, and is compliant with the final regulations. Purchasers will also receive all updates made to the template language in the future.
A PRODUCT FROM THE NCHERM GROUP, LLC.
101: WITH BRIAN VAN BRUNT, ED.D. & DANIEL C. SWINTON, J.D., ED.D.
Professional Development Climate Surveys 101: A Practical Guide to Get You Started Part of The NCHERM Group’s Audio Essentials series, this 30-minute audio episode explains how to obtain buy-in for conducting climate surveys and overcome common obstacles and objections. Plus, you’ll learn how to develop a good survey instrument, achieve a good response rate, and get the most of your resulting data. You’ll also receive a colorful and informative companion text that summarizes the key points from the audio episode, so you can access the information you need quickly when you need it. Pricing: $49. Compliance | Prevention & Awareness | Professional Development Complying with the Campus SaVE Act Through Ongoing Educational Campaigns: Prevention Through Positive Media Messages The Campus SaVE Act, now known as Section 304 of the Violence Against Women Act Reauthorization Act, requires that campuses engage students and employees in ongoing educational campaigns related to sexual assault, dating and domestic violence, stalking, and bystander intervention. This hour-long online training, originally presented in December 2014, focuses on how social norms and marketing campaigns can serve as prevention strategies. Methods for the creation, implementation, and evaluation of campaigns are explored. Pricing: $349. ATIXA members receive a 15 percent discount. 56
K–12
Pricing: This template is available for $249 or included free with ATIXA Full and Super Membership levels.
ATIXA | FALL 2016 CATALOG Professional Development Creating, Implementing, and Applying Climate Surveys The Office for Civil Rights and the White House Task Force to Protect Students from Sexual Assault encourage institutions to regularly assess their campus climate via a survey instrument. This 90-minute online training, originally presented in July 2015, explains why some of the existing templates for surveying climate are problematic, and offers guidance on what survey items to include and topics to cover, sample sizes, statistically significant results, institutional review board approval, publishing results, and analyzing the data collected. Pricing: $349. ATIXA members receive a 15 percent discount. Employee Training | Prevention & Awareness | Professional Development Doing Bystander Intervention Well: Seven Easy Steps Originally presented in April 2014, this 90-minute online training reviews the basic tenets of bystander intervention while offering specific and practical advice to assist institutions in moving forward to reduce problematic behavior on campus and within the community. Several different successful bystander intervention programs are highlighted, and practical case examples and advice are shared so you can create a sound bystander intervention program on your campus. Pricing: $349. ATIXA members receive a 15 percent discount.
K–12
Professional Development Gamechangers: Reshaping Campus Sexual Misconduct Through Litigation As the courts continue reshaping campus sexual misconduct through expansive interpretations of Title IX, with high dollar verdicts to decisions on administrators’ personal liability, we’re getting the message loud and clear about what happens when we don’t get sexual misconduct cases right. This 90-minute online training originally presented in 2010 provides a review of relevant case law and guidance on: • How Title IX applies to sexual violence, and the implications of violating Title IX • What constitutes actual notice, deliberate indifference, and prompt and equitable remedies • The duty to investigate • How Title IX impacts conduct processes and sanctioning, appeals, and criminal prosecutions • How Title IX impacts the role of the complainant • How Title IX impacts off-campus conduct Pricing: $249.99. ATIXA members receive a 15 percent discount. Employee Training | Professional Development Hosting Minors on Campus: What You Need to Know Minors come on campus for a variety of reasons during the course of the year. Given recent cases involving minor abuse on college and university campuses, it is essential to review your institution’s policy and procedures that guide action when minors come to campus. Explore heightened risk issues of mandated reporting, parental notification, single-day events, and the special considerations when minors stay overnight in this hour-long training, originally presented in March 2014. Plus, learn how to identify and avoid common pitfalls. Pricing: $349. ATIXA members receive a 15 percent discount. 57
ATIXA | FALL 2016 CATALOG Policies & Procedures Implementing the ATIXA One Policy, One Process Model (1P1P) Originally presented in June 2015, this one-hour online training provides an overview of the revised One Policy, One Process Models. Hear from campuses currently using the model, explore common challenges to implementing a unified policy, and review successes of campuses employing a unified policy. Pricing: $349. ATIXA members receive a 15 percent discount.
in a Box
Compliant with Title IX and Section 304 of the Violence Against Women Act, this is the only publication of its kind, setting the industry standard for those tasked with investigating Title IX-related incidents on campus. The Kit is a fully electronic resource, with internal links and searchability for ease of usage. Pricing: $1,699. ATIXA members receive a 15 percent discount. Free with Super Membership. The Kit is included as part of the Investigator Training and Certification Courses. Employee Training | Professional Development Issues of Gender Violence in LGBT Communities Originally presented in July 2014, this hour-long online training outlines the practical and proactive steps that campus staff can take to better understand, as well as prevent and respond to, gender violence in LGBT communities. Learn model language with which to discuss LGBT gender violence; the myths versus the facts on LGBT gender violence; how to better accommodate the needs of LGBT victims; special considerations for assisting LGBT reporting parties and working with LGBT respondents; plus much more. Pricing: $349. ATIXA members receive a 15 percent discount. Employee Training | Professional Development Issues of Title IX and Pregnancy The protections offered to pregnant and parenting students under Title IX can be a source of confusion for faculty, staff, and administrators. Having a solid understanding of what the law requires as it pertains to students who are pregnant or parenting is essential for creating understanding and compliance campuswide. This hour-long online training, originally presented in 2012, can help you do that. Pricing: $249.99. ATIXA members receive a 15 percent discount. 58
K–12
INVESTIGATION
Investigations Investigation in a Box Kit The most comprehensive resource with all the tools you need to complete a thorough, reliable, and impartial investigation of potential sex- or gender-based discrimination or harassment. This 200+ page kit offers materials derived from national best practices, all in one place, including: • Checklists • Questioning templates • Models of proof • Charts, timelines, and tracking tools • Template letters and notifications • Case studies • Sample reports and outcome letter templates • Policy models • Tips on analysis, evidence, and credibility
ATIXA | FALL 2016 CATALOG
Journal of Campus Title IX Compliance and Best Practices
A Publication of the Association of Title IX Administrators (ATIXA)
[www.atixa.org]
Edited by Brian Van Brunt, Ed.D.
2015 • Volume 1
Compliance | Professional Development Journal of Campus Title IX Compliance and Best Practices (Campus IX) ATIXA’s flagship, peer-reviewed journal is a space for Title IX coordinators, investigators, and administrators to come together and explore emerging best practices, cutting-edge research, legal opinions, and practical case studies relevant to the field of sexual assault prevention, investigation, remedies, and response. The inaugural volume was released during the 2015 ATIXA/ SCOPE Joint Conference, and the 2016 volume is now available for purchase. Pricing: Member-only publication. $99 for paperback copies at ATIXA events. Available online for free for ATIXA Full and Super members. Purchase at https://atixa.org/resources/campus-ix-journal/. Employee Training |Prevention & Awareness | Professional Development Making Prevention Programming More Effective: 12 Dos and Don’ts The law requires institutions to engage in prevention programming designed to curb Title IXbased incidents. However, not all prevention programming is created the same. This 90-minute online training, first presented in 2012, reviews some common pitfalls to avoid that are still relevant today, as well as offering timely practices designed to create positive change in your students and campus. Pricing: $249.99. ATIXA members receive a 15 percent discount.
K–12
Employee Training Mandated Reporter Training for Employees: Reporting Sex/Gender Discrimination, Harassment, and Campus Crime A full-service online training from ATIXA, this product is designed to inform employees about their duty to report behaviors that fall under Title IX. The training also addresses the reporting of crimes and crime statistics for Clery Act compliance when those crimes intersect with Title IX and Title VII. This training can be used in large groups or individually, and is appropriate for all employees, including staff, administrators, and faculty. This training will give participants: • An understanding of their expectations as mandated reporters • The ability to identify the institution’s mandated reporter policy • Knowledge of the three federal reporting laws and the ability to describe how each law imposes differing reporting standards • An understanding of the duty to report sexual abuse, sexual misconduct, and other behaviors that fall under Title IX, Title VII, and the Clery Act • The ability to identify types of sex and/or gender discrimination • An understanding of the role of their Title IX coordinator ATIXA offers two versions of its Mandated Reporter Training. Both provide the same legislative review, and offer additional details on reporting requirements and guidance on the Title IX coordinator role. Where these two versions differ is in the definition of employee roles as mandated reporters. This definition is driven by your institutional policies. Pricing: There is an annual fee for the training, based on the total number of institutional employees you intend to train. The cost typically ranges from $1 to $4 per participant, based on the number of users. A one-time, free viewing of this training is available so that you can evaluate the content to be sure that it is a good fit for your campus policy, employee reporting expectations, and training needs. 59
ATIXA | FALL 2016 CATALOG Compliance | Employee Training | Policies & Procedures | Professional Development Mandatory Reporters Under Title IX, Title VII & Clery/Campus SaVE Originally presented in December 2013, this 90-minute online training informs participants about institutional and individual duties to report sexual abuse, sexual misconduct, and other behaviors that fall under Titles IX and VII, the Clery Act, and Section 304 of the Violence Against Women Act (Campus SaVE). Gain an understanding of the varying and often overlapping reporting expectations created by these laws. Plus, hear about a model approach to mandated reporting that can help eliminate confusion. Pricing: $249.99. ATIXA members receive a 15 percent discount. Compliance | Employee Training | Investigations | Professional Development Navigating the Intersection of Title IX and FERPA Originally presented in October 2014, this 90-minute online training addresses everything you need to know about the intersection of these two laws, including Office for Civil Rights and Family Policy Compliance Office guidance on the issue; a list of dos and don’ts for providing access to complaints by respondents, sharing investigative reports with all involved parties, and disclosure of final outcomes; when sharing information about a Title IX investigation violates FERPA or Title IX’s own confidentiality mandate; gag orders and the need to maintain confidentiality under Title IX; and how to obtain FERPA consent in Title IX cases. Best practices are highlighted to help your campus maintain compliance.
Policies & Procedures | Professional Development Policing the Drunken Campus Hook-up: Law, Policy and Best Practices Originally presented in May 2014, this 90-minute online training explores the intricacies of campus sexual assault policies as applied to intoxication and incapacitation, the challenges of helping hearing panels understand what crosses the line, and the potential for gender bias and discrimination that result from bad decisions. Participants will learn how to make the distinction between intoxication and incapacitation, the need for a “knew or should have known” standard to avoid a gender-biased disciplinary outcome, the blackout and how it relates to incapacity, and how to train panels and investigators to properly address when both parties involved in a complaint were drinking. Pricing: $349. ATIXA members receive a 15 percent discount. Resources & Response Position Statements ATIXA is committed to releasing a series of position statements on a number of relevant and timely topics, creating conversation and bringing continued awareness to issues of sexual violence, gender-based harassment, and victim advocacy. Among the 2015 topics were an analysis of the campus safety bills put before Congress; gender identity and gender expression; notation of expulsion and suspension on transcripts; the need for victim advocates on campus; and concealed carry legislation related to campus sexual violence. New 2016 statements include consent-based policies and the March AAUP report on Title IX. Pricing: Free. 60
K–12
Pricing: $349. ATIXA members receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG Professional Development Preventing Burnout by Fostering Compassion Satisfaction among Title IX Administrators This 90-minute webinar presented in July 2016 explores how to foster compassion satisfaction or the ability to receive gratification from Title IX roles that require dealing with traumatized individuals and communities. It is based on a study funded with an ATIXA research grant, which combined extensive interdisciplinary research with interviews and surveys of current Title IX administrators. Implications for employees, supervisors, university communities, and the field will be discussed. Pricing: $349. ATIXA members receive a 15 percent discount. Purchase at www.ncherm.org/online-trainings/recent-online-trainings/#burnoutprevention. Employee Training | Professional Development Sexual Misconduct Critical Issues Training for Boards Whether you have a conduct board, administrative hearing model, or use a separate board for sexual misconduct, institutions must train all hearing board members on an array of sexual misconduct issues. These four training modules, which are more recent than the Sexual Misconduct Judicial Training Series (see below), were released in 2011 and focus on best practices and general competencies for all campuses, and on developmental, educational tools. Module 1: Hearing Board Competencies An hour-long discussion covering generalized hearing board competencies, this module helps participants understand their role, the importance of policy application, how to assess the relevance and credibility of information, and the discipline of making a sanction and recommending sanctions.
K–12
Module 2: Title IX-Based Competencies This hour-long module focuses on Title IX-based competencies for boards, including ensuring an equitable process, conducting a balanced and fair process, managing the tension between Title IX and some due process protections, and meeting the prompt and effective remedy requirements of Title IX. Module 3: NCHERM Policy Analytic This hour-long module details the ATIXA-endorsed consent construct used to analyze sexual misconduct complaints when force, incapacitation, or consent are at issue. Module 4: Path to Good Decision-Making This hour-long discussion includes practical explorations of questioning skills, the analytical process, and models for effective deliberation. Also addressed are myths, victim-blaming, the sociology of victimization, false reporting, and pattern offense data. Pricing: $249.99 per module or $599.99 for all four. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount. Employee Training | Professional Development Sexual Misconduct Judicial Training Series As campus judicial decision-makers consider complaints involving complex interpersonal conflicts, it’s often difficult to separate sexual politics from questions of sexual conduct. This threepart series is designed to help participants do just that. 61
ATIXA | FALL 2016 CATALOG Part I: Evaluating Sexual Misconduct Complaints: Force, Consent, and Incapacity This two-hour online training module explains The NCHERM Group’s sexual misconduct consent rubric, which divides sexual misconduct analysis into three relevant inquires to help guide campus decision-makers towards clear and concise consideration and easier deliberations. The rubric helps to dispel the myths that sexual misconduct complaints fraught with “gray areas,” or that are “he said/she said,” are impossible to determine, and enables participants to distinguish between drunk sex and a policy violation. Part II: Campus Sexual Misconduct and the Law Another two-hour module accompanied by materials, this training guides participants through the myriad of legal issues impacting campus sexual misconduct complaints. This module focuses on Title IX, FERPA, and the Clery Act, looks at precedents created by the courts through case law and by the Office for Civil Rights, and explains that while laws may set a framework for compliance, institutions’ obligations to their campus communities extend beyond mere compliance. Part III: Special Considerations in Hearing Sexual Misconduct Complaints The last training in this series follows a question-and-answer format, in which presenters and participants of the live-aired webinar explored issues such as the pros and cons of a separate conduct panel for sexual misconduct, whether it’s better for institutions or victims to serve as complainants, and best practices for addressing information about a party’s sexual history or character.
Resources & Response The ATIXA MaxStack An innovative tool from ATIXA, the MaxStack allows you to build in access to ATIXA’s proprietary forms, checklists, investigation templates, template letters, materials for Title IX case organization, documentation, and tracking within Maxient, the industry’s leading database for Title IX case documentation and tracking. ATIXA is placing more information at your fingertips to assess history and pattern evidence in any given Title IX-related case, and giving you the documentation you need when you need it with just a click. Only ATIXA members who are or who become Maxient software clients should purchase the MaxStack from ATIXA. All MaxStack materials are proprietary to ATIXA, and are reserved for ATIXA members only. Pricing: $499 to use and license ATIXA materials within the Maxient software. This includes new forms, letters, and templates added to the database as they are developed. ATIXA also offers a renewal package that allows you to renew your ATIXA membership and simultaneously license the MaxStack at a discount of $99 off the combined total. Policies & Procedures The ATIXA One Policy, One Process Models (1P1P) Based on the idea of a global human dignity resolution process, this model permits all discrimination complaints (age, race, sex, gender, nationality, etc.) to be resolved using one campus-wide policy and one standalone resolution process, for all faculty, students, and staff. This process can sit outside existing processes, or can be integrated into existing human resource, affirmative action, and student conduct models. 1P1P harnesses the existing resources of many departments to minimize the need for added staff and expense. 1P1P is not only Title IX compliant, but it also puts emphasis on meaningful remedies, social justice, victim empowerment and advocacy, comprehensive investigation, and prompt, humane, 62
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Pricing: $249.99 per episode. Available free to Full and Super Members of ATIXA. All other levels of ATIXA membership receive a 15 percent discount.
ATIXA | FALL 2016 CATALOG non-adversarial resolution of everything from bias incidents to stalking, to rape, and intimate partner violence. Available in three versions: 1. Investigation —> Hearing —> Appeal 2. Investigation —> Recommendation to the Title IX Coordinator —> Title IX Coordinator Makes Final Recommendation. 3. Investigation —> Appeal Panel —> Title IX Coordinator Signs off on Panel Recommendation. Pricing: $2,500 per campus. Price includes all versions of the model and licensure. Free to Full and Super Members. Other member levels receive a 15 percent discount. Can be customized at an additional charge. Policies & Procedures The ATIXA Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Model Policy and Procedures ATIXA is distributes freely and publicly its transformative ATIXA Sex/Gender Based Harassment, Discrimination and Sexual Misconduct Model Policy and Procedures, newly updated to reflect best practices, Title IX guidance and VAWA compliance mandates. Both our Policy and Procedures have helped hundreds of campuses as they strive to comply with Title IX and related legislation, as well as protect the safety of their communities. Pricing: No cost.
ATIXA Title IX and VAWA Sec. 304 Training Checklist
Checklist Key: ✔ Title IX required t Clery Act (VAWA Sec. 304) required É ATIXA added recommendation ℗ Primary Prevention Recommended
Level A Level B Level C* Level D * ATIXA recommends making all Faculty and Staff “Mandatory Reporters” for both Title IX and Clery-based incidents. Accordingly, this checklist reflects All Faculty & Title IX that approach. Those wishing to differentiate between Title IX and Clery First Staff; ATIXA All Compliance Act reporting responsibilities can parse the two out based on the Title IX Responders Mandatory Students Officers and Clery Act (VAWA Sec. 304) symbols. Reporters Overview of Title IX and Clery Act (VAWA Sec. 304): Law and Regulations Institution’s Title IX responsibilities to address sex- and gender-based ✔ ✔ ✔ ✔ harassment
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Institution’s Clery Act (VAWA Sec. 304) responsibilities to address u Sexual Assault, Domestic Violence, Dating Violence, and Stalking Role of federal government (especially OCR) in enforcing Title IX and ✔ DOJ’s role with Title IX Overview of the rights Title IX and Title IV confer on students and ✔ employees What is sexual harassment, sex discrimination, sexual assault, and ✔ sexual violence, and what are the differences between them ✔ 6 Differences between criminal and Title IX investigations 7 Title IX and Clery Act prohibitions on and protections against retaliation ✔u Institutional Policy Overview ✔ 8 Institution’s policies and prohibitions regarding Title IX-based harassment Institution’s policies and prohibitions regarding Sexual Assault, Domestic ✚ 9 Violence, Dating Violence, and Stalking ✔ 10 When institution exercises off-campus jurisdiction over Title IX complaints 11 Institution’s policies prohibiting retaliation ✔u Institutional Procedure Overview Institution’s disciplinary procedures to address Title IX-based complaints ✔ 12 and how victims can invoke them 2
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Preponderance of Evidence standard used to address all Title IXbased complaints and evidentiary standards used to address all Sexual Assault, Domestic Violence, Dating Violence, and Stalking complaints How institution analyzes whether conduct was unwelcome How institution analyzes whether conduct creates a hostile environment Institutional disciplinary procedures used to address Sexual Assault, Domestic Violence, Dating Violence, and Stalking How to evaluate and weigh evidence in an impartial manner Appeals procedures for Title IX Reporting The identity, role, function of, and how to contact the Title IX Coordinator When (upon notice), how, what, and to whom to report sex- and genderbased harassment Consequences for mandatory reporters failing to report sex- and genderbased harassment How to contact OCR Recognizing, responding to, appropriately addressing, and reporting allegations and complaints Procedures victims should follow if a Title IX violation or Sexual Assault, Domestic Violence, Dating Violence, or Stalking has occurred, including: 1) The importance of preserving evidence; 2) How and to whom to report such alleged offenses; and 3) Victims’ options to notify law enforcement and campus authorities (if victim so chooses) Appropriate interaction with victims Providing fair and objective communication and resources that do not discourage reporting Victimology/psychology of the victim/neurobiological effects of trauma Cultural competence in working with victims, reporting parties, witnesses, and responding parties Confidentiality Confidential reporting options on- and off-campus Responding to victim/reporting party request for confidentiality Information about how the institution protects the confidentiality of victims and other parties when: 1) providing accommodations and protective measures; and 2) working with publicly available documents Confidentiality/privacy of reports and other investigative information
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YOUR UNIVERSITY LOGO HERE
A RESOURCE GUIDE FOR STUDENTS ON SEXUAL MISCONDUCT: CAMPUS POLICIES, PROCEDURES, AND VICTIM SERVICES
Compliance | Prevention & Awareness | Professional Development The ATIXA Title IX and VAWA Section 304 Training/Prevention Checklist Newly revised to incorporate new guidance on Title IX and the regulatory mandates of Section 304 of the Violence Against Women Act, this checklist distills all the new and existing requirements into a single, detailed and copiously researched chart that will help institutions to examine current policies and procedures and develop a comprehensive training and prevention education plan for faculty, staff, and students. It addresses audience, training content and topic overview, and legislative guidance for all training, prevention, education, awareness, and policy mandates, as well as recommendations related to sexual violence, sexual harassment, dating violence, domestic violence, and stalking. Pricing: Free of charge to ATIXA Full and Super members. Non-members can purchase it for $249. Purchase at https://atixa.org/resources/training-checklist/. Coordinator | Advocate/Educator | K–12 The VAWA-Compliant Victim’s Rights Brochure In response to your feedback, ATIXA now offers a faster, easier to customize, and more user-friendly version of its “Resource Guide for Students on Sexual Misconduct.” This essential resource is designed to help meet the requirements of VAWA’s Section 304 and educate students about campus policies and procedures. We have reduced the number of areas requiring customization to make your ordering process fast and painless; retooled areas requiring text input to minimize the amount of work required on your end; added more color choices to ensure consistency wih your school’s color scheme, and added detailed instructions for uploading image files. This brochure addresses: • What to do when students experience sexual misconduct • An explanation of “confidentiality” under Title IX • Key campus policies, procedures, and definitions • An explanation of consent • Students’ rights as members of the campus community 63
ATIXA | FALL 2016 CATALOG • • • •
Steps to remedy and respond to allegations of sexual misconduct Survivor options, resources, and remedies Risk reduction techniques Key contacts and on-campus and local resources
Pricing: Varies by quantities ordered. Template is free to Super and Full members. Purchase at https://atixa.org/resources/vawa-brochure/. Customization and printing of brochure is available at an additional cost. Employee Training | Professional Development Title IX and BITs Originally presented in April 2014, this 90-minute online training explains what campus Behavioral Intervention Teams (BITs) need to know about Title IX, whether the Title IX coordinator or investigator should be part of the campus BIT, and the Title IX reporting requirements with which BITs must comply. Plus, viewers will learn how the training and educational mission of their BITs overlaps with Title IX and what legal hot spots to keep on the radar screen related to Title IX. This training also includes an essential list of dos and don’ts, plus online resources for ensuring your campus BIT is Title IX compliant. Pricing: $349. ATIXA members receive a 15 percent discount.
Pricing: $349. ATIXA members receive a 15 percent discount. Compliance | Professional Development Title IX Catch-Up If you’re new to Title IX work, the following online trainings can provide you with historical perspective and vital knowledge to ensure compliance for your institution. Rapid Response Webinar: A Summary of New Guidance from the Office for Civil Rights on Title IX On April 24, 2015, OCR issued new guidance to school superintendents and college presidents focusing on the need to designate a Title IX coordinator and affirming the importance of providing authority and support to this role within school districts and institutions of higher education. In this hour-long online training, presented in May 2015, ATIXA’s leadership reviews key takeaways from this “Dear Colleague Letter” guidance and the potential impacts to schools, colleges, and universities. Pricing: $249. ATIXA members receive a 15 percent discount. A Rapid Response Webinar: Analyzing and Discussing the Recently Released FAQs from the Department of Education on the Title IX Dear Colleague Letter When OCR issued answers to 52 frequently asked questions from its April 4, 2011 “Dear Colleague 64
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Coordinator |Advocate/Educator | K–12 Title IX and Transgender Issues While Title IX does not contain express provisions regarding discrimination against transgender students and employees, “on the basis of sex” is being interpreted more frequently in ways that embrace the law’s applicability to transgender plaintiffs. This 90-minute program presented in February 2016 describes the current state of the law, including the apparent conflict between the Department of Education’s current position on transgender rights under Title IX and the more narrow interpretation that a handful of lower federal courts have adopted in transgender rights cases under Title IX.
ATIXA | FALL 2016 CATALOG Letter” in the spring of 2014, experts from The NCHERM Group and ATIXA stepped in to analyze the responses, share their opinions, and discuss the implications. This two-part online training presented in May 2014 provides a total of three hours of advice, insights, and expert guidance. Pricing: Part 1 is free; Part 2 is $349. ATIXA members receive a 15 percent discount. The Top Ten Things We Need to Know About Title IX (That the DCL Didn’t Tell Us) In under two hours, this online training provides participants with a critical understanding of 10 items that are key to complying with Title IX by providing a prompt, effective, and equitable response to any form of sex or gender discrimination occurring on college and university campuses. Pricing: $249. ATIXA members receive a 15 percent discount. The New DCL and Retaliation: A Rapid Response Webinar on What It Means for K-12 & Higher Education On April 24, 2013, OCR sent a “Dear Colleague Letter” reminding institutions that Title IX strictly prohibits retaliation against an individual who engages in complaining, reporting, testifying, or participating in an investigation or procedure related to behavior that would constitute a violation of Title IX. In under two hours, this webinar addresses what constitutes retaliation under Title IX vs. “regular” retaliation; what the guidelines mean for Title IX administrators and conduct officers; the elements of Title IX retaliation; the basic requirements of investigating retaliation; and training requirements. Pricing: $249. ATIXA members receive a 15 percent discount.
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Investigations | Professional Development Title IX Investigation and Technology: Eight Emerging and Common Issues In this online training, originally presented in December 2015, our experts explore the following eight emerging and common issues in how technology is changing the investigation landscape: 1. How students, faculty, and staff are communicating using technology 2. How technology is changing the rubric 3. Recent trends for using technology to assist in Title IX investigations 4. Popular dating and hook-up apps 5. Anonymous online harassment or discrimination 6. Text messages, photos, videos, and emails as evidence 7. Access to phone records, deleted social media, and deleted texts 8. Technology cheats, including fake texts and altered images Hands-on tips for improving and appropriately addressing Title IX investigations that involve technology are also shared during this 90-minute online training. Pricing: $349. ATIXA members receive a 15 percent discount. TITLE IN THIS ISSUE From the Field Yeasin v. University of Kansas offers an important lesson about disciplining students for Title IX-based incidents. Page 2 Compliance Corner Understand the overlap between Titles IX and VII to avoid confusion and ensure full legal compliance by your institution. Pages 4-5 Professional Perspective Sheila McMahon, a sexual assault services and prevention specialist at Brandeis University, provides insights on how to create effective prevention programming. Pages 6-7 Coordinator’s Corner Understand how to build a sustainable Title IX team at your institution by embracing an ally mentality. Page 8
ABOUT US The NCHERM Group, LLC., a law and consulting firm offering systems-levels solutions to create safer campuses, and the Association of Title IX Administrators, which provides networking and professional development for Title IX coordinators, publish Title IX Today, its companion website, www.TitleIX.Today, and subscriber e-newsletter.
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DOI 10.17732/TIXT0109 PRINT ISSN 2377-8725 I ONLINE ISSN 2377-8733
TITLE IX TODAY VOLUME 1, ISSUE 9 l DECEMBER 2015
TODAY Helping colleges, universities & schools ensure gender equity
THE LEAD I SEXUAL MISCONDUCT
Empower students to develop and deploy prevention and intervention solutions
By Jennifer L. Ball, Ph.D., the balance more positive than negative Contributing Editor through their commitment and efforts. tudents want to be heard, re- I keep my experience more rewarding spected, and empowered to solve than frustrating by focusing on being a issues surrounding sexism, sexual mentor and a facilitator. violence, and consent for themselves. We often believe that it falls solely We need to recognize their passion on us to curb sexual assault at our inand commitment by making them a stitutions. These issues are bigger than meaningful part of any one person or of‘Students increase our fice, and need to be our prevention and intervention strate- capacity to respond to the addressed from that gies. We must use perspective. Whether them in developing Title IX issues we face on it’s gender discrimiour campuses.’ strategic plans, senation, sexual harasslecting outside pro— Ball ment, sexual violence, gramming, creating or stalking, we should prevention and intervention materi- view these as social issues in need of a als, executing trainings, and assessing community-based solution. That’s why our campus climate. While this level of programs like Green Dot, Step Up!, and commitment to student involvement Bringing in the Bystander use a social can feel daunting, it is the only way to ecological model. To affect real change truly solve the problem. at the societal level, we must make sure The most frustrating and reward- that students are helping solve the ising part of my work is partnering with sues at the individual, relationship, and students in developing prevention and community levels. intervention workshops. It’s frustrating A good first step is to examine our because they make the same mistakes role and consider if we are performI did 20 years ago, don’t have enough ing it in a way that overcomes or extime to dedicate to the effort, and some- acerbates the social barriers suggested times disagree with my solutions. It’s in the social ecological model. We can rewarding because they don’t make fail in two significant ways. Top-down, the same mistakes I make now, they culturally insensitive programming are dedicated to their culture in a way and training fails to acknowledge the that I can’t be, and our disagreements real culture of students and their peer lead to better, more sustainable solu- environment, causing a breakdown at tions for prevention and intervention. the individual and relationship levels The students with whom I work keep Continued on p. 3
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Professional Development Title IX Today A monthly, subscription newsletter, Title IX Today brings you the latest Title IX news, research, case law, practitioner tips, and expert guidance. With insights from our renowned advisory panel and a team of expert contributing editors, we provide you with a practical and concise road map to navigate even your most difficult Title IX challenges. In addition to an eight-page print issue, you also receive a monthly, companion e-newsletter; exclusive bonus content; plus links to new resources, news, and more.
A publication of The NCHERM Group, LLC.
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ATIXA | FALL 2016 CATALOG Pricing: $299 for a one-year subscription. ATIXA members receive 15 percent off the regular price. Receive a one-year subscription for half price when purchased in combination with any level of new or renewal membership. Purchase at https://titleix.today/subscribe/. Professional Development Title IX Training Videos A series of easy-to-use video training tools to help Title IX investigators and coordinators hone their skills. Each video offers a brief vignette lasting just a few minutes, in which a student and administrator talk about a Title IX-related incident. Currently available: • Amanda & Dancing Guy: A Case Study in Coercion • Beth & Junior Student: A Case Study in Consent • Amy & Todd: Incapacitation Case Study • Amy & Kevin: Second-Time Blackout • John & Benjy: Nonconsensual Sexual Contact Case Study Each professionally produced video comes with a transcript to help viewers follow along, a guide to help trainers introduce the materials, a set of questions and answers, and key takeaways. Pricing: $79 each, or all five for $379. Employee Training | Professional Development Training Hearing Boards on Best Practices This two-hour online training addresses the question of core competencies for campus conduct boards and the principles and best practices that produce sound decisions. It covers the concepts of basic fairness, analyzing and applying campus policy, deliberation skills, sanctioning principles, and questioning skills. Additionally, best practices from campuses around the country are shared.
Prevention & Awareness U of Nine This app-based training solution is designed to help colleges and universities educate students and employees about sexual violence, sexual harassment, intimate partner violence, and stalking. A cost-effective way to offer awareness and education content for audiences that can be hard-to-reach, U of Nine offers modules that are quiz-based, and have been created by ATIXA in collaboration with Trivie. Pricing: Sliding-scale pricing based on number of users. Free 14-day trials available online, as are free online trainings demonstrating the app. Compliance | Professional Development Update on Title IX and Compliance Presented in June 2014, this one-hour online training helps viewers to understand what observations or behaviors faculty and staff members should report to the Title IX coordinator, how the training and educational mission of your institution overlaps with Title IX requirements, and legal hot spots to have on your radar. Plus, you’ll receive expert guidance on key Title IX complaints and case law. This training is not just for Title IX administrators and staff; train your student affairs administrators and staff, deans, and Behavioral Intervention Team members as well to ensure compliance with Title IX across your entire institution. Pricing: $349. ATIXA members receive a 15 percent discount. 66
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Pricing: $249.99. ATIXA members receive a 15 percent discount. .
ATIXA | FALL 2016 CATALOG Employee Training | Investigations | Professional Development When Social Media & Title IX Collide: What Colleges Need to Know About Gossip Sites, Free Speech & Proactive Policies When social media networks and gossip sites are abused for the purpose of spreading rumors, gossip, and hateful language across campus, student conduct officers, counselors, and student affairs administrators are faced with a wide array of serious challenges. Where is the line between free speech and threatening, slanderous language? When is it a community disruption? What are the Title IX considerations? Originally presented in December 2014, this 90-minute online training provides those key answers, plus some challenges and opportunities from the counseling and conduct perspective. Case studies are used to discuss what you need to know about statements made online that require a Title IX response, plus the importance of assessing and addressing threat and danger presented in social media and other online posts. Pricing: $349. ATIXA members receive a 15 percent discount. Professional Development Unlimited Archived Online Trainings Gain access to all archived online trainings in the catalog now, plus those that will be added in the future and made available for individual purchase, for a single, flat-rate fee via an easy-to-use online portal. Pricing: $5,000.
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Professional Development Online Training Portal and Continuing Certification Credit Program Have you been certified as a Title IX coordinator or investigator during an ATIXA Certification Event? Are you considering obtaining certification? If so, the CCC program is for you. Our online professional development platform and related Online Training Portal allows you to track, maintain, and extend your professional development through our programs. CCCs are a cost-effective way to stay current and maintain your certification from the nation’s leader in higher education risk management.
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Pricing: The cost of certification is included in the price of event registration. There is no additional cost to participants. “Tokens” can also be purchased individually and distributed to users at your institution to participate in online trainings offered through the portal. For more information, contact a team member at ccc@ncherm.org. Compliance | Resources & Response ATIXA Model Climate Surveys Keeping a pulse on the campus climate as it relates to sex and gender equity is a must for ensuring Title IX compliance. ATIXA makes it easier to conduct climate surveys with a research-based survey template under development that will be customizable as needed to fit any institution’s needs. Offered in modules, the survey will cover faculty and staff, students, reporting/reporters, response, prevention, safety, prevalence, and exit. Pricing: The base modules will be offered free to ATIXA Full and Super members. Adding five more modules comes with a cost of $3,500. NCHERM will administer and/or analyze results for an additional cost. ATIXA nonmembers will be able to purchase the survey only in a $12,500 package that will include all modules and analytics. 67
Resources & Response ATIXA Member Library Available only to ATIXA members, the Member Library offers a wealth of resources specially tailored by membership type, making it easy for Title IX coordinators and teams, investigators, advocates and prevention educators, K-12 educators and administrators, and students to access what they need via unique Communities of Practice. Pricing: $29 for Student Membership; $149 for K-12 Educator and Administrator Membership; $149 for Victim/Survivor Advocate & Prevention Educator Membership; $249 for Investigator Membership; $599-$2,499 for Full Individual and Institutional Membership; and $5,000 for Super Membership. Full and Super Membership levels receive access to all five Community of Practice Resource Libraries. For more information, email atixa@atixa.org. Resources & Response ATIXA Weekly Newsletter In this weekly e-newsletter, ATIXA shares a Tip of the Week, spotlights important news, and provides a heads up about upcoming events. In addition, ATIXA’s Weekly Newsletter bring you information relevant to the field of education and Title IX, with article updates and announcements directing you to relevant content. Pricing: Free to all levels of ATIXA membership. Employee Training | Prevention & Awareness | Professional Development Doing Bystander Intervention Well: Seven Easy Steps Originally presented in April 2014, this 90-minute online training reviews the basic tenets of bystander intervention while offering specific and practical advice to assist institutions in moving forward to reduce problematic behavior on campus and within the community. Several different successful bystander intervention programs are highlighted, and practical case examples and advice are shared so you can create a sound bystander intervention program on your campus. Pricing: $349. ATIXA members receive a 15 percent discount. Employee Training | Professional Development Issues of Gender Violence in LGBT Communities Originally presented in July 2014, this hour-long online training outlines the practical and proactive steps that campus staff can take to better understand, as well as prevent and respond to, gender violence in LGBT communities. Participants will learn model language with which to discuss LGBT gender violence; the myths versus the facts on LGBT gender violence; how to better accommodate the needs of LGBT victims; special considerations for assisting LGBT reporting parties and working with LGBT respondents; plus much more. Pricing: $349. ATIXA members receive a 15 percent discount.
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ATIXA | FALL 2016 CATALOG Prevention & Awareness U of Nine This app-based training solution is designed to help colleges and universities educate students and employees about sexual violence, sexual harassment, intimate partner violence, and stalking. A cost-effective way to offer awareness and education content for audiences that can be hard-to-reach, U of Nine offers modules that are quiz-based, and have been created by ATIXA in collaboration with Trivie, a leading education quiz-based training app company. Pricing: Sliding-scale pricing based on number of users. Free 14-day trials available online, as are free online trainings demonstrating the app. Employee Training | Investigations | Professional Development When Social Media & Title IX Collide: What Colleges Need to Know About Gossip Sites, Free Speech & Proactive Policies When social media networks and gossip sites are abused for the purpose of spreading rumors, gossip, and hateful language across campus, student conduct officers, counselors, and student affairs administrators are faced with a wide array of serious challenges. Where is the line between free speech and threatening, slanderous language? When is it a community disruption? What are the Title IX considerations? Originally presented in December 2014, this 90-minute online training provides those key answers, plus some challenges and opportunities from the counseling and conduct perspective. Case studies are used to discuss what you need to know about statements made online that require a Title IX response, plus the importance of assessing and addressing threat and danger presented in social media and other online posts. Pricing: $349. ATIXA members receive a 15 percent discount.
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Campus-Hosted Regional Training & Certification Events Host a training event on your campus for Title IX staff from your institution and neighboring colleges and universities. ATIXA offers three levels of its Civil Rights Investigator Training & Certification; a Title IX/Section 304 Foundations of Policy and Process Training; five levels of its Title IX Coordinator & Administrator Certification Course; one level of the Climate Surveys, VAWA Compliance & Strategic Prevention Training & Certification Course; and one level of the Campus Victim/Survivor Advocate and Campus-Serving Victim/Survivor Advocate Training. Applications are accepted on a schedule and reviewed within three weeks of submission. More Information: Email events@atixa.org. Final-Eyes Off-Site Investigation Support & Review You’ve been trained to investigate civil rights violations. You have experience investigating sexual misconduct complaints. You’ve been though every detail, twice. Yet, some cases still leave you feeling uneasy. Have you asked every question? Is there anything you’re missing? Check in each step of the way with Final-Eyes to ensure you’ve got it right from A to Z. Final-Eyes guarantees that an NCHERM Group partner will be available to walk you through investigations step-by-step and review your decision by phone and/or email to give you feedback. Final-Eyes is the reassurance you need. Pricing: This service is usually billed hourly, but now you can subscribe to Final-Eyes for a flat-fee, starting at $5,000 for the entire year. For more information, email tng@ncherm.org. Investigations (NCHERM-i) When you need investigation support, get it from those who wrote the book (literally). NCHERM-i is a trusted “go-to” solution for the sensitive external investigation needs of colleges and universities across the United States. NCHERM-i provides the highest standards of ethics and integrity, and our clients trust us time and again with their most sensitive investigation needs. NCHERM-i can also handle investigations of all sizes and complexity with the highest level of expedience, professionalism, and organization. NCHERM-i can deploy more than 20 trained and experienced civil rights investigators at a moment’s notice to unravel what really happened, identify any gaps that led to crisis, and point the path forward to prevent reoccurrence. On-site services include: • Civil Rights and External Investigations • Title IX and Civil Rights Mentorship Service • Office for Civil Rights Complaint Closure • Forensic Investigation Review More Information: Email tng@ncherm.org. NCHERM Equity Consultants The NCHERM Group routinely assists campuses in meeting requirements set out by the Office for Civil Rights, the Department of Justice, and other government agencies through resolution agreements. It also provides continued compliance assistance by offering Title IX compliance audits; equity best practice assessments; resolution agreement monitoring; system-level climate and culture change; and climate surveys and focus groups. More Information: Email tng@ncherm.org. 70
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ATIXA | FALL 2016 CATALOG
ATIXA | FALL 2016 CATALOG Off-Site Consultation The NCHERM Group can assist you off-site in developing policies, assessing compliance, and revising procedures. Some of its most common requests include assistance with consensual relationship policy development, compliance audits and assessments, and help setting up a civil rights investigation model process. However, its off-site services extend beyond the services listed here, so please contact The NCHERM Group’s client relations team to further discuss your needs. More Information: Email tng@ncherm.org. On-site Workshops The NCHERM Group offers a wide-variety of on-campus workshops that cover many different topics, including: • Investigation Training (Civil Rights) • Title IX Coordinator/Sexual Harassment Compliance Workshop • Sexual Assault Response – Training for RAs and Other Key Personnel • Faculty Consensual Relationships Policy Development • Best Practices for Responding to Campus Sexual Violence • Best Practices for Campus Sexual Misconduct Policy • Best Practices for Sexual Misconduct Board Procedures/Hearings • The First Amendment and Sexual Harassment Policies • Best Practices for Sexual Misconduct Board Procedures/Hearings • Sexual Assault/Harassment Training for High-Risk Populations • Title IX Coordinator Training- Making Sure Your Coordinator Knows Their Responsibilities • Investigations Training (One, Two, Three or Four Days) • Appeals Officer Training • Title IX Audit and Tune-Up • Creation of a Unified Policy and Process for All Campus Discrimination Complaints • VAWA Section 304 (Campus SaVE Act) More Information: Email tng@ncherm.org.
Services
Special Counsel & Special Advisor Programs As one of the largest and most prominent higher education law practices in the country, The NCHERM Group can help your institution navigate legal challenges related to Title IX and answer questions as they come up through its Special Counsel & Special Advisor Programs. As Special Counsel, The NCHERM Group can offer attorney-client privilege and work alongside your institution’s legal team. As a Special Advisor, it can provide guidance and insight, though the relationship does not carry attorney-client privilege. Both services are available by paying a one-year retainer fee. More Information: Email tng@ncherm.org. Student Programs One-hour interactive programs by The NCHERM Group’s experts are designed to be engaging, inclusive and integrated into your overall campus prevention strategies. Title IX-related topics include: • Drunk Sex or Sexual Assault: Can You Tell the Difference? • A Conversation About Consent • Empowering Bystander Intervention More Information: Email tng@ncherm.org. 71
ATIXA | FALL 2016 CATALOG Title IX Assessments and Compliance Service The NCHERM Group has developed a comprehensive Title IX Assessment and Compliance Service using its 40-page proprietary Title IX Compliance Assessment Tool and a unique compliance process that blends on-site assessment with thorough off-site document/policy review that is informed by focus groups, climate surveys, and stakeholder interviews. Its assessment and compliance services — performed by the most knowledgeable Title IX experts in the country — give you a system of failsafes, checks, and balances to ensure that your campus is Title IX compliant across all relevant departments and areas, today and going forward. This service can also be customized to meet your institution’s exact needs. More Information: Email tng@ncherm.org. Title IX Expert Witness Are you in need of a Title IX Expert Witness? Brett A. Sokolow, Saundra “Saunie” Schuster, W. Scott Lewis, and Daniel Swinton, partners in The NCHERM Group, LLC, one of the largest specialized higher education law practices in the United States, are recognized for their expertise in sexual misconduct and harassment cases, violence prevention, hazing, safety and security, and are called on frequently to serve as expert witnesses in a variety of cases involving K-12 schools, colleges, and universities. The partners invite your inquiries about evaluating, serving as expert witnesses and/ or litigation strategists in your case. More Information: Email tng@ncherm.org. Title IX/Civil Rights Investigator Mentorship Service We’re all looking to increase the professionalism and competence of our campus investigators. The NCHERM Group has developed a professional mentoring service for your investigators to help take them to the next level. The mentorship is a practical, hands-on collaboration through which an expert TNG investigator works side-by-side with your campus investigator(s) to conduct an investigation on your campus. Let us coach your investigators to success on your next tough case!
Services
More Information: Visit our website.
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ATIXA | FALL 2016 CATALOG
MEMBERSHIP BENEFITS (Benefits of new Super Member category are outlined on the next page and at https://atixa.org/join/). An ATIXA membership puts at your fingertips everything you need to effectively ensure Title IX compliance for your institution, including:
WHAT IS ATIXA? ATIXA provides a professional association for school and college Title IX coordinators and administrators who are interested in serving their districts and campuses more effectively. Since 1972, Title IX has proved to be an increasingly powerful leveling tool, helping to advance gender equity in schools and colleges. ATIXA brings together campus and district Title IX coordinators and other administrators into professional collaboration to explore best practices, share resources, and advance the worthy goal of gender equity in education. WHY JOIN ATIXA?
Membership Information
Gender equity is an inherent good, providing equal access to educational benefits and opportunities. Title IX is a critical tool for advancing the goal of equity, and meaningful compliance furthers that goal. By joining and participating in ATIXA, you will become a better Title IX coordinator, administrator and/or ally. You’ll acquire tools that help to advance your institution, motivate change, and implement best practices. Compliance is a best practice, but it’s also an essential practice.
» Access to the best source materials and training on Title IX. » Title IX legal updates. » An active and pertinent professional listserv. » Weekly newsletters. » ATIXA Tip of the Week. » 15% member discounts on many ATIXA events, products, and services. » 15% member discounts on ATIXA model policies, protocols, and resources. » An annual conference.* » Multiple levels of ATIXA training and certification course offerings.* » Multiple levels of ATIXA advanced training and certification course opportunities.* » Annual certification update opportunities, including Online Trainings, seminars, and newly designed certification levels* » The ATIXA Blog. » Access to the OCR Investigation Finding Letter Database. » Access to partner and sponsor organization resources and discounts. » Access to the most comprehensive online Title IX library available anywhere. » Membership roster access. *Additional registration fees apply.
Joining ATIXA will put you in the best position to meet, and even exceed, the compliance man- For more information on membership benefits and pricing, please dates of the courts and Office for Civil Rights. visit https://atixa.org/join/. Questions? Email members@atixa.org.
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ATIXA | FALL 2016 CATALOG
ATIXA Super Member Category
Super Members pay one premium annual fee for access to ALL of the materials and services that ATIXA produces over the course of your membership year, at no additional charge. Super Members have access to products and services valued at over $10,000 if purchased on an “a la carte” basis, for one low annual fee, and will have access to special events, bonus content, and enhanced direct access to the ATIXA “brain trust” of the nation’s foremost Title IX experts. HOW DO I REGISTER? To become an ATIXA Super Member, please complete the Membership Registration Form at https://atixa.org/join/.
BENEFITS OF BECOMING A SUPER MEMBER In addition to all the benefits of full ATIXA memberships, the Super Member category includes: » Access to ATIXA services and products valued at over $10,000, without per-item fees. » Two complimentary registrations to the ATIXA/SCOPE Joint Annual Conference. » Clery Act Annual Security Report template language to comply with VAWA Section 304. » All three versions of the ATIXA One Policy, One Process Model Policy and Procedure for Civil Rights Equity Grievance Resolution. » MaxStack: A database for Title IX case documentation from ATIXA and Maxient. » The ATIXA 200+ page “Investigation In a Box” kit. » 250 Tokens for Online Trainings through the Continuing Certification Credits (CCC) Program. » Unlimited access to the ATIXA Mandated Reporter Online Training for Employees. » Super Member socials at the ATIXA Annual Conference and other four-day certification events. » Networking opportunities with The NCHERM Group’s partners. » All certification event training materials. Additionally, ATIXA Super Members will have access to all future proprietary models, templates, and materials developed by ATIXA, without added cost. *Membership must be current to receive updated/new models.
Questions? Email members@atixa.org.
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Membership Information
Join us as one of the first members in our Super Member category. You can elect to be an Institutional Super Member, or to upgrade your current membership to Super Member status. As you may have noticed, ATIXA has been rapidly expanding the depth and breadth of resources available to members. But purchasing resources from ATIXA may be beginning to add up. ATIXA is so appreciative of our many members who purchase multiple products and services from the association each year. You are our Super Members, and we want to recognize you for it and offer you access to all that ATIXA has to offer at significantly discounted prices.
www.atixa.org
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