Download Examples of Gender-based Misconduct

Title IX
Title IX of the Education Amendments of 1972 is a
Federal law prohibiting discrimination on the basis
of sex in all education programs and activities operated
by recipients of federal funds. It states: “No person
in the United States shall, on the basis of sex, be
excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any
educational program or activity receiving Federal
financial assistance.”
“We’re taking new steps to help our
nation’s schools, universities and colleges
end the cycle of sexual violence on campus.
--Vice President Joe Biden
April 4, 2011
Resources:
• GMC Gender-based Misconduct
Resource Guide
• GMC Gender-based Misconduct Policy
• Title IX Enforcement Highlights
(Dept of Education, Office of Civil Rights)
Sexual Harassment
Unwelcome, gender-based verbal or physical
conduct that is sufficiently severe, persistent,
or pervasive that it unreasonably interferes with,
denies or limits someone’s ability to participate
in or benefit from GMC’s educational program
and/or activities, and is based on power
differentials (quid pro quo), the creation of a
hostile environment, or retaliation.
Gender-based Misconduct
Georgia Military College policy prohibits:
• Sexual Harassment
• Non-consensual sexual contact
• Non-consensual sexual intercourse
• Sexual exploitation
• Retaliating against someone reporting misconduct
Georgia Military College’s Response
In response to allegations of gender-based misconduct,
GMC will take these actions:
• Inform the victim of options (formal/informal)
• Conduct a prompt & thorough investigation
• Take corrective action, if appropriate
• Keep information confidential to the extent that we can
How to Report
Title IX Coordinator—Dean of Students in Milledgeville
Deputy Title IX Coordinator—Assistant Director—all
other campuses
Tell your advisor
Online at _________________________
Report in person, by email, phone, or online!
Consent
Consent is knowing, voluntary, and clear permission
by word or action, to engage in mutually agreed
upon sexual activity. Since individuals may
experience the same interaction in different
ways, it is the responsibility of each party
to make certain that the other has consented
before engaging in the activity.
Consent
By definition, it cannot include the use of force
or coercion and both parties must have the
capacity to consent (age, mental awareness,
presence of mind)
• In Georgia, at least 16 years old
• Cannot be drunk/drugged to incapacitation
• Cannot be sleep deprived
• Cannot be mentally handicapped
Possible Consequences
• Criminal—jail
• Civil—$
• Academic—negative grade impact
• Housing—moved
• Athletic—dropped
• Student Disciplinary Record
(Up to expulsion)
Possible Consequences of Lying
During an Investigation
Violates Code of Conduct—
separate/additional offense
Equitable process
Both complainant and respondent have
the same rights—
• providing evidence
• having witnesses
• right to appeal
Both will be notified simultaneously
of the results of the process
Standard of proof?
Beyond a Reasonable Doubt
Clear & Convincing
More Likely than Not
Standard of proof
More Likely than Not
Likelihood of harassment/violence
Alcohol/drug use = Significant Increase
• Victim will not be sanctioned
• Does not excuse Perpetrator
Off-campus Misconduct
Georgia Military College has jurisdiction and will
take action if we control any of the individuals,
the location, the venue, or
it creates a hostile environment on campus.
Examples of Gender-based Misconduct
• Unwelcome physical contact (touching)
• Persistent, unwelcome requests for sexual favors
• Romantic/sexual contact from anyone who
grades, advises, or supervises you
• Offensive sexual questions, jokes, or stories
• Sexually explicit material in the classroom
without an educational or work-related purpose
Let’s look at a few examples to determine
if GMC policy was violated and/or whether
consent was given….
Vignette
Bruce & Demi met at a movie and started to date off &
on. One night, they went out drinking. After the bars
closed, they went to Demi’s dorm room. Bruce was
more drunk than Demi and engaged in sex despite her
objections. Bruce argues that if it was non-consensual
sex, it was not his fault because of how drunk he was.
He believes that he was so drunk that he didn’t know
that he was having sex, let alone that it was
something she did not want.—Was GMC policy violated?
Bruce & Demi
The policy was violated because she did not consent.
She very likely did not have the capacity to consent
even if she wanted to do so.
Bruce’s sexual assault is not excused by his use of
alcohol or drugs. However, he may be subject to
additional Code of Conduct penalties.
Vignette
Frazier is Lilith's first boyfriend and she is a virgin.
They have been petting/fooling around for some months
and Frazier thinks she is ready for sex. He knows that
she is shy and embarrassed to talk about sex. He usually
keeps petting/fooling around until she stops him.
One night, after kissing, she puts his hand on her breast.
Not sure if it is okay to put his hand up her skirt, he goes
very slowly from her knee up her leg. She continues to
kiss him. He touches her underwear and then penetrates
her with his finger. She slaps him, pushed him away and
tells him to leave. The next day, she charges him with
non-consensual sexual contact. Was our policy violated?
Frazier & Lilith
The policy was violated.
Consent to some sexual contact
(such as kissing or fondling) cannot be presumed
to be consent for other sexual activity
(such as intercourse).
Consent requires knowing, voluntary,
and clear permission by word or action
Vignette
Will and Jada meet at a party and Jada drinks to excess
and is clearly incapacitated. Will starts to take her upstairs
when her friends confront them and offer to take her
home arguing that she is too drunk. Will leaves it up to her,
she stays and the friends leave, and Will & Jada have sex.
She tells her friends about it later. They offer to be witnesses
to her incapacitation so the college charges Will with
non-consensual sexual intercourse. Jada refuses to file
charges but appears as a witness for Will. She says she
likes Will and wanted to have sex that night but, when
questioned, she does not remember much about that night.
Did Will violate GMC policy?
Will and Jada
The policy was violated.
Jada’s consumption of alcohol and subsequent
incapacitation made her unable to give
consent, even if she wanted to have sex
with Will.
The problem is bigger than you think!
National studies show that at a typical college or
university, one could expect about 6% of the male
population to have committed rape or attempted rape
and 4% are considered serial rapists (3 or more).
Over 90% of rapes/attempted rapes are done by the
4% of serial rapists.
Nationally, 20% of female college students and 6% of
male college students will be sexually assaulted.
In the Fall of 2013, GMC had 7177 students. That
statistically reflects the likelihood of 168 rapists with
876 female victims and 168 male victims.
The risk is too great! We must take steps to stop this trend!
Student Groups
Core sex offenders—aggressively investigate
& prosecute!
Facilitators—targeted education & disciplinary action
Bystanders—education & engagement programs
Victims—prevent attacks, medical/psychological care,
provide remedies, and empower
Bystanders
See Something, Say Something!
Recognize signs of sexual abuse
Help as you would like to be helped in
a similar situation!
Consequences of Retaliation
Criminal—jail
Civil—$
Administrative—expulsion
Even if someone is found not guilty of a
policy violation of Gender-based Misconduct,
being found guilty of retaliation will carry
an equally severe penalty up to and including
expulsion (students) and termination (employees)
“The steady movement to a more
fair and just society plays out every
day in the classrooms, colleges and
universities all across America—and
I believe that the only way to achieve
equity in society is to achieve equity
in the classroom.”
--Secretary of Education Arne Duncan
July 14, 2010
Georgia Military College
is absolutely committed to being
a Gateway by which ALL students
can achieve their dreams.