Title IX Compliance Guide for Mandatory ReporterS Understand Title IX

What is Title IX? What are the requirements of Title IX is part of the Education Amendments Title IX? of 1972 and is enforced by the U.S. The University is obligated to provide a Department of Education. This federal law prompt, thorough and equitable investigation prohibits discrimination on the basis of sex in of any report of sex-based discrimination, education programs or activities operated by or sexual violence. This recipients of federal financial assistance. obligation remains even in the absence of a formal complaint. Title IX applies to all participants of such programs, including students, parents and Title IX ensures that both parties in a reported faculty/staff members. event have to be heard and participate in a grievance process. A variety of activities are covered under Title IX, including athletic programs, recruitment, admissions, financial aid, and participation in Why is Title IX relevant to you? extracurricular programs and activities. For As a mandatory reporter, you must carry example, Title IX addresses discrimination out your responsibilities to report all Title IX situations such as unequal treatment of violations of sex-based discrimination and pregnant and parenting students or unequal sexual harassment, including sexual violence pay based on . and child sexual abuse. Sexual violence is often the focus of many requirements and Why is Title IX important? responsibilities that fall under Title IX because it is a very serious form of sexual harassment. Title IX helps to foster safe and respectful University environments that better protect By fulfilling these responsibilities, you students, faculty and staff from incidents assist the University in complying with of sex-based discrimination and sexual legal requirements and help the University harassment, including sexual violence, maintain its commitment to fostering a secure, relationship violence and abuse. equitable and inclusive community.

1 Know Your Responsibilities Under Title IX Report Relevant Offenses

Who has responsibilities under What are your primary What is a reportable offense under Title IX? Title IX? responsibilities as a mandatory As a Title IX mandatory reporter, you must report any instance of discrimination or unfair While the University encourages all campus reporter? treatment on the basis of sex or sexual harassment. Reportable offenses under Title IX are: community members to report incidents The main responsibility of mandatory of harassment or discrimination, several reporters is to report any Title IX violations classifications of employees have been to the University as soon as possible. You are identified as “mandatory reporters” for required to report incidents you personally Title IX purposes. These employees have observe as well as incidents reported to Discrimination authority and responsibility to take action to on the Basis you. You must report these offenses to the of Sex remedy harassment. Examples of mandatory designated office on campus. reporters include: Additionally, all mandatory reporters are Stalking ■■Vice presidents, vice chancellors, vice required to report instances of suspected child provosts, deans, department heads, abuse in accordance with the law. directors and coaches. Sexual Please see the “Report Relevant Offenses” Harassment ■ ■Employees in supervisory or section for details on what qualifies as a management roles. violation and the “Take Action” section for ■■Faculty members. details on how to report. ■ ■Student affairs professionals. What additional responsibilities ■■Residential life staff. Sexual might you have as a mandatory Violence/Sexual Relationship Sexual Unwelcome reporter? Assault Violence Exploitation Sexual Conduct What is the purpose of a Many mandatory reporters under Title IX are mandatory reporter? also considered Campus Security Authorities Through your knowledge and application of (CSAs) under the . As such, you may University policy and state laws, you play an be required to file reports of certain crimes, For an explanation of each of these offenses, please see the “Definitions” section. important role in: including sexual assault and child abuse/ neglect, according to procedures outlined ■■Protecting students, faculty and staff by the Clery Act. What is a reportable offense for child abuse/neglect reporting? from incidents of sexual violence. Indiana law requires that all persons over the age of 18 report suspected child abuse or neglect to If you are also a CSA, please refer to the “Clery the police or Child Protective Services. Faculty and staff may also report such suspicions to his or her ■■Supporting sexual assault survivors. Act Compliance Guide for CSAs” for more supervisor (or other designated person) who then also becomes responsible to report. Reporting information about your responsibilities, ■ to a supervisor or other designated person does not relieve an individual of his or her obligation to ■Helping the University maintain a safe offenses that should be reported and how to report. If you suspect or witness child sexual abuse on campus, you must report it to the police and/ environment by striving to eliminate, take action in compliance with the Clery Act: or the local child protective services. prevent, and address discrimination on www.purdue.edu/cleryact. the basis of sex, including sexual violence. For more information on how to report offenses in compliance with Title IX or child abuse and neglect laws, please see the “Take Action” section.

2 3 Definitions

Sexual Harassment ■■Non-Consensual sexual intercourse: oral, Sexual Exploitation Child Sexual Abuse anal and/or vaginal penetration, to any Any act of Sexual Violence. degree and with any body part or object. An act that exploits someone sexually. Sexual Child Sexual Abuse includes: Exploitation is another form of Sexual Any act of Sexual Exploitation. ■■Compelling a person to touch his or Harassment in which no violence is involved, ■■Sexual intercourse. her own or another person’s intimate but conduct takes advantage of another Any unwelcome sexual advance, request ■■Fondling. parts without consent. person sexually. for sexual favors or other written, verbal, or ■■Touching — including reciprocal physical conduct of a sexual nature when: Examples of Sexual Exploitation include, but touching — of a sexual nature. Consent/Consensual are not limited to: ■■Submission to such conduct is made ■ ■■Using objects to penetrate a child’s either explicitly or implicitly a term or ■Clear communication given by words or ■■Exposing one’s own or another vagina or anus with no valid medical condition of an individual’s employment, actions that shows an active, knowing and person’s intimate parts without Consent. purpose. education or participation in a University voluntary agreement to engage in mutually agreed-upon sexual activity. Consent is activity; ■■Recording video or audio, ■■Indecent exposure or exhibitionism. given freely and voluntarily. Consent may photographing, or transmitting intimate ■■Submission to, or rejection of, such not be inferred from silence, passivity or or sexual utterances, sounds or images ■■Exposing a child to pornography. conduct by an individual is used as the when an individual is incapacitated or without Consent of all parties involved. basis for, or a factor in, decisions affecting otherwise prevented from giving Consent ■■Exposing a child to the act of sexual that individual’s employment, education as a result of impairment due to a mental ■■Allowing others to view sexual acts intercourse. or participation in a University activity; or or physical condition or age. No Consent (whether in person or via a video ■■Masturbating in front of a child. exists when there is a threat of force or camera or other recording device) ■■Such conduct has the purpose or effect physical or psychological violence. without the Consent of all parties ■■Using a child to film, photograph or of unreasonably interfering with an involved. model pornography. individual’s employment or academic ■■ Although Consent may be given initially, it performance or creating an intimidating, may be withdrawn at any point without ■■Engaging in any form of voyeurism. offensive or hostile environment for that regard to activity preceding the withdrawal individual’s employment, education or of Consent. Stalking participation in a University activity. ■■The voluntary nature of Consent will Any knowing or intentional course of be subject to heightened scrutiny in conduct involving repeated or continued Sexual Violence circumstances in which a person engages following, threatening or intimidating Any non-Consensual sexual act, including in a sexual relationship with a person over another by telephone, mail, electronic but not limited to rape, sexual assault, whom he or she has any power or authority communication, social media, in person or sexual battery and sexual coercion. Sexual within the University. any other action, device or method that: Violence also includes Relationship ■ Violence and same-sex assaults. ■Would cause a reasonable person to Relationship Violence suffer substantial emotional distress or Examples of Sexual Violence include, but are Any physical, sexual and/or psychological fear of bodily injury or death; and not limited to: harm against an individual by a current ■ or former intimate or romantic partner. ■Actually causes such person substantial ■■Non-Consensual sexual contact: Intimate or romantic partners may be dating, emotional distress or fear of bodily touching, with any body part or object, cohabitating, married, separated or divorced, injury or death. another person’s intimate parts (e.g., and may be of the same or opposite sex. genitalia, groin, breast, buttocks), whether clothed or unclothed.

4 5 TAKE ACTION Campus and Community Resources

How do you report How do you report Emergency: Call 911 Support Services Title IX harassment child abuse and neglect? IPFW/Parkview Student Assistance and/or discrimination? If you suspect or witness child sexual abuse on For Reporting Program, Office of the Dean of Students campus, you must report it to the police and/or Walb Student Union, Room 113 If you are a mandatory reporter and someone Office of Institutional Equity the local child protective services: Monday-Friday, 8:30 a.m.- 4:30 p.m. informs you of an offense that falls under Title Christine M. Marcuccilli 260-266-8060 IX, report it immediately by taking these steps: For emergency situations: Call 911 [email protected] 800-721-8809 (toll free) 260-481-6109 1. Ensure your safety and the safety of the For non-emergency situations: Fort Wayne Sexual Assault Treatment reporter/victim. In an emergency or Center situation of imminent danger, call ■■Call the IPFW Police Department: Key Contacts During business hours: 260-423-2222 911 immediately. 260-481-6827 Title IX Coordinator Fort Wayne Women’s Bureau Rape Crisis 2. Inform the victim that you are required ■■Call Indiana Child Protective Services: Christine M. Marcuccilli Hotline to report the incident, even if the victim 800-800-5556 Director, Office of Institutional Equity chooses not to press charges or file a Kettler Hall, Room 110P 260-426-7273 report with law enforcement. Although For anonymous reports via Purdue’s [email protected] 888-311-7273 (toll free) every effort will be taken to ensure Whistleblower Hotline: 260-481-6109 YWCA Domestic Violence Crisis Line privacy, a mandatory reporter cannot ■■Fill out the online form at www.purdue. Deputy Title IX Coordinator 260-447-7233 guarantee complete confidentiality. edu/hotline; or Julie Dominguez 800-441-4073 (toll free) Associate Director, Office of Institutional Equity 3. Listen to the victim. Collect information ■■Report by phone: 866-818-2620 needed for reporting. Kettler Hall, Suite 110N Additional Information [email protected] 4. Report the incident. 260-481-6109 Title IX Website Contact Christine M. Marcuccilli www.purdue.edu/titleix Director, Office of Institutional Equity Helpful Tips Law Enforcement IPFW Title IX Website Report by email: [email protected] If in doubt as to whether an incident needs to be reported, report it. There is no such IPFW Police Department www.ipfw.edu/offices/equity/title-ix Report by phone: 260-481-6109 thing as over-reporting! Non-emergency: 260-481-6827 Clery Act Compliance Guide for CSAs Provide assistance: Inform the victim of his/ 5. Do not promise confidentiality. Fort Wayne Police Department www.purdue.edu/cleryact her option to also self-report the incident 260-427-1222 to campus police and local police for Do not attempt resolution on your own. investigation or to decline to report the In some cases, you may be required to report incident to law enforcement. Filing a report an incident multiple times if it falls under Title Medical Services with police does not require the victim IX, Child Abuse/Neglect, and/or the Clery Act. IPFW/Parkview Health and Wellness to press charges. Reporting under the Clery Act is required for statistical purposes, while Title IX and Child Campus Clinic 6. Refer the victim to relevant resources for Abuse laws allow action to be taken to protect Walb Student Union, Room 234 additional support if needed. Please refer the victim and prevent future offenses. Monday-Friday, 8:30 a.m.- 4:30 p.m. to the “Campus and Community Resources” 260-481-5748 section for contact information and support services. Parkview Hospital 2200 Randallia Drive 260-373-4000

6 7

Ernest C. Young Hall, Room 1029 155 S. Grant St. West Lafayette, IN 47907-2114

www.purdue.edu/ethics

An equal access/equal opportunity university n September 2014