Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

1. NMSU RESPECTS Office of Institutional Equity/EEO “Title IX and Campus SaVE Act on Campus ” Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

2. Objective: • New Mexico State University (NMSU) is committed to providing a place of work and learning free of discrimination and harassment. • By completing the following training, you are not only fulfilling a requirement, but you are also taking an important step toward understanding your rights and responsibilities as an NMSU employee. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

3. What is covered in this training module: • Title IX • Campus SaVE Act • NMSU jurisdiction • Duty to report • Office of Institutional Equity (OIE) contact information Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

4. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex: • “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” • Title IX applies to all students, staff and faculty at NMSU. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

5. Specifically Title IX Prohibits: • Sexual misconduct (including sexual violence) • Sex discrimination (gender bias) • Sexual harassment • Retaliation Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

6. Title IX Sexual Harassment: Unwelcome sex-based nonverbal, verbal, 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 NMSU’s educational programs and/or activities. It can include a power differential (quid pro quo), the creation of a hostile environment, or retaliation. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

7. Retaliation: • The following establishes an inference of retaliation: • Did complainant engage in protected activity? • Was complainant subsequently subjected to adverse action? • Do circumstances suggest a connection between protected activity and adverse action? • How soon after did adverse action occur? Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

8. Campus SaVE Act: NMSU does not tolerate any sexual violence to include intimate partner violence which can be defined as any physical, sexual, or psychological harm against an individual by a current or former partner or spouse. Such violence covers domestic violence, dating violence, and stalking. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

9. Title IX and Campus SaVE Act: • The Campus SaVE Act complements and is a companion to Title IX and assists with the response to and prevention of sexual violence in higher education. • All NMSU students, staff, and faculty are covered by these federal laws. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

10. Title IX and Campus SaVE Act Jurisdiction: Both laws provide a framework for educational institutions to address incidents of sexual misconduct/sexual violence occurring on-campus, on public property within and adjacent to campus, and at non-campus properties like off-campus student organization housing, campus sponsored events, and remote classrooms. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

11. Title IX and Campus SaVE Act Jurisdiction: In cases involving harassing speech, assessing applicability to off-campus behavior will require a two-prong test: Does NMSU have control over the harasser (subject to our rules) and does NMSU have control over the context of the harassment (on our property, in our programs, on land we lease, or control, or at events we sponsor). Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

12. Title IX and Campus SaVE Act Jurisdiction: NMSU will reserve the option to take off-campus jurisdiction in cases involving sexual violence, sexual assault, or rape that involves students or employees pursuant to policy chapter 3.25 of the NMSU Policy Manual. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

13. Non-consensual Sexual Contact: • Any intentional sexual touching, however slight, by a male or female upon another male or female that is without consent and/or by force. • Consent is a free and clearly given “yes”, not the absence of a “no”, and cannot be given or received when a person is incapacitated by alcohol, drugs, or disability . Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

14. Duty to Report: • Everyone has a duty to report an incident(s) of sexual misconduct/sexual violence. A responsible employee is defined as one who has the authority to take action, has the duty to report to the right person and is someone a student could reasonably believe has the authority to take action. • Deliberate indifference occurs when a university receives actual or constructive notice of a potential violation and it fails to act. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

15. Duty to Report – Bystander Intervention: NMSU employees (staff and faculty) and students should be aware of bystander intervention which includes taking action to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, rape, or stalking against another person. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

16. Investigation Standard of Evidence: Internal investigations will use the preponderance of the evidence as the standard. This is a legal standard that means the greater weight of evidence(more likely than not that something occurred). This is a minimal standard and is easily met. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

17. Confidentiality: NMSU recognizes that confidentiality is important. However, confidentiality cannot be guaranteed. Respect of the privacy of the individuals reporting or the accused will be maintained to the extent possible. NMSU will take appropriate corrective action whenever deemed necessary to meet the University’s responsibilities to provide a safe and non-discriminatory environment for other students and employees. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

18. Penalties/Sanctions: • Students who are found to have violated the NMSU Student Code of Conductand/or NMSU Policy Manual will be referred to Assistant Dean of Students for adjudication. • Employees who are found to have violated NMSU Policy Manualwill be referred to Human Resources Services/Employee and Labor Relations. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

19. Penalties/Sanctions: • Sanctions for students may include action up to and including expulsion from the University. • Sanctions for employees may include employment action up to and including termination of employment. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

20. NMSU Title IX Coordinator: NMSU designated: Gerard Nevarez, Executive Director for OIE as the Title IX Coordinator and Agustin Diaz, Associate Directorfor OIE as the Deputy Title IX Coordinator for the University system. Under duty to report, these two individuals are designated to receive reports from NMSU employees. The following slides contain contact information. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

21. Office of Institutional Equity/EEO Staff: Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

22. OIE/EEO Contact Information: Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

23. Scenario #1 Jane Smith is a student athlete. She has been the target of sexual comments from the coach. He has also asked her to go out and have some drinks with him. He has also invited her to his house to have some “fun” on four occasions. The coach has also touched her behind as he walked by her on five occasions. All this makes her uncomfortable and she has told him to stop bothering her but he only laughs. Jane feels that she cannot report the coach’s behavior to the athletic director because he and the coach are good friends. She confides in a fellow team member and she suggests that Jane visit with the university attorney. The attorney speaks to the athletic director about the student athlete’s concerns. The athletic director tells the university attorney that the program is doing well and that they have a winning coach. The university attorney and the athletic director agree that the student athlete should be informed that she needs to talk to her coach and work things out. In the follow-up, the university attorney informs the student to do just that. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

24. Scenario #1 What happened? The student athlete reported the unwanted behavior to someone who has the authority to take action and who has a duty to report. He does neither. Instead, he discusses the student athlete’s concerns with the athletic director. They both decide that the student athlete should be sent back to work things out with the person who is harassing her. The university attorney should have reported the student athlete’s concerns to the Title IX Coordinator. When the athletic director learned of the concerns, he should also have reported to the Title IX Coordinator. This scenario points to a case of deliberate indifference or failure to act. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

25. Scenario #2 John Smith is a student employee working in a campus office. His supervisor is Joe Brown. Mr. Brown has worked in a staff position at the university for about ten years. Mr. Brown has the reputation of being very friendly. John has been on the job for about three weeks, when he begins receiving text messages from Mr. Brown. John assumes that his supervisor got his cell phone number from the office records and he responds. At first, the text messages seemed friendly, but, with time he was getting twenty or more messages on a daily basis. One message was disturbing to John in that Mr. Brown texted that he had driven by John’s house but did not see his blue car in the driveway. There were three to five instances when John noticed a truck parked across the street and he recognized the driver as Mr. Brown. One day, John receives four text messages with threatening and graphic sexual comments regarding John. John becomes alarmed and does not respond to any of the texts and he tries to avoid his supervisor at work. John notices that his supervisor is irritated that John is not being responsive. John fears for his safety and he reports his concerns to the associate dean in his college. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

26. Scenario #2 What happened? The associate dean has the authority to take action and has the duty to report to the Title IX Coordinator. The behavior that is reported reflects sexual harassment and touches on possible stalking. The university needs to stop the behavior, prevent its recurrence, and remedy the effects. Most likely, the university would conduct an administrative investigation that would parallel a police investigation. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

27. Scenario #3 Mary Smith is a student in Dr. John Brown’s class. Mary has a very pleasant personality and she has many friends. Mary struggles with the class material and has received D’s on her quizzes. Dr. Brown takes a special interest in Mary. He focuses attention on her during class. Some of her classmates comment to her that she is his favorite student. As mid-semester approaches, Dr. Brown invites Mary to his office for some one-on-one assistance. The office meetings go well and she thanks Dr. Brown for his assistance. However, at the close of the fourth meeting, Dr. Brown surprises Mary with a hug. He tells her everything is going to be fine. That evening Mary receives an e-mail from Dr. Brown telling her that he finds her attractive and he really wants to be her friend. Mary does not respond to what she considers a “creepy” e-mail. At the fifth meeting in the office, Dr. Brown tells her that she could get a very good grade in the class if she went to dinner with him. Mary excuses herself from Dr. Brown’s office and does not return. The next day she has a scheduled meeting with her academic advisor and she shares her concerns. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

28. Scenario #3 What happened? The academic advisor has a duty to report to the Title IX Coordinator. The behavior that is reported touches on sexual harassment in the academic environment. It also reflects a “quid pro quo” situation in that the faculty member has promised a benefit (a good grade) if the student responds to his overtures and goes to dinner with him. Quid pro quo means that if you do this for me, I will do this for you in return. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

29. Scenario #4 Betty and Joe are students in Dr. Garcia’s class. At the beginning of the semester Betty and Joe worked on a group project with other students. Members of the group exchanged cell phone numbers in order to communicate on the group project. Shortly after the completion of the project, Betty began to receive text messages from Joe. The first three texts were just friendly and Betty responded in kind. However, the next four texts contained graphic sexual language and also a proposition to engage in sexual activity. One even contained a picture of Joe exposing himself. Betty ignored all those texts. The texts made her very uncomfortable and she stressed at having to see Joe in class. Betty made an appointment with Dr. Garcia and showed him the texts and also expressed her discomfort at being in the same class as Joe. Dr. Garcia was very sympathetic, but he told Betty that the semester would be ending in four weeks and that she should just continue ignoring Joe’s texts and avoid sitting near him in class. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

30. Scenario #4 What happened? Dr. Garcia has a duty to report to the Title IX Coordinator. He also has a responsibility to be responsive to Betty’s concerns. A student who reports behavior described in the scenario should not be told to ignore or avoid the other student engaging in inappropriate behavior. Results of reporting to the Title IX Coordinator could include potential action such as a no contact order for Joe or removing him from the class. Betty could also file a complaint pursuant to university policy. Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

31. NMSU Policy Chapter 3.25 - Discrimination, Harassment and Sexual Misconduct on Campus : • Chapter 3.25 is used to process internal discrimination complaints. The chapter’s provisions cover: • Title IX Notice • Campus SaVE Act Notice • Discrimination Policy • Sex Discrimination/Sexual Harassment Policy • Retaliation Policy • Internal discrimination complaint process Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

32. NMSU Internal Resources: • NMSU Police Department 575-646-3311 • NMSU Police Victim Services: 575-646-3424 • NMSU Counseling Center: 575-646-2731 • NMSU Campus Health Center: 575-646-1512 • NMSU Dean of Students: 575-646-1722 • DACC VP Student Services: 575-527-7530 • Alamogordo VP Student Success: 575-439-3716 • Carlsbad VP Student Services: 575-234-9220 • Grants VP Student Services: 505-287-6628 Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

33. External Resource: • U.S. Department of Education – Office for Civil Rights • http://www2.ed.gov/about/offices/list/ocr/index.html • Denver Regional Office E-mail: OCR.Denver@ed.gov Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus

34. Thank you Office of Institutional Equity/EEO Title IX and Campus SaVE Act on Campus