Title IX Sexual Assault Prevention and Bystander Intervention

Dear Staff and Faculty Colleagues,

Thank you to all who participated in the August staff and faculty day activities. We hope that you found the presentations on Title IX Sexual Assault Prevention and Bystander Intervention engaging and informative. We also wanted to take this opportunity to follow-up with you in the form of an email communication to again outline the College’s Title IX Sexual Assault Prevention Strategy, provide helpful links to important information in the event of a sexual assault on campus and to provide additional resources in the event you have questions or need additional information. For those of you who were unable to attend the presentations, please be sure to review the Faculty Day presentation and the Staff Day presentation, become familiar with the College's Title IX Sexual Assault Prevention website, and review the attached PowerPoint slides from Staff and Faculty Day.

What is Title IX Sexual Assault Prevention?

Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by College employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.

SCOPE of Title IX

1. Protects students and employees from sexual harassment by any school employee, student, or non-employee third party

2. Protects third parties from sexual harassment or violence in a school’s education programs and activities (e.g., high school/undergraduate students participating in recruitment programs, those visiting in residence halls, etc.).

3. Protects students in connection with all academic, educational, extracurricular, athletic, and other programs of the school, whether those programs take place in a school’s facilities, on a school’s bus, at a class or training program sponsored by the school at another location, or elsewhere.

4. Protects students from the continuing effects of off-campus sexual harassment in the educational setting.

Title IX Notice

1. Under Title IX, if a school knows or reasonably should know about sexual harassment that creates a hostile environment, the school must eliminate the harassment, prevent its recurrence and address its effects.

2. A school violates Title IX if it has “notice” of a sexually hostile environment and fails to take immediate and corrective action.

Who has specific duty to report or investigate an incident involving sexual assault?

Individuals with a Duty to Report

  • Campus Safety Authorities (Jeanne Clery Act)
  • Responsible Employees (Title IX)

Offices with a Duty to Investigate

  • Office of Human Resources
  • Office of the Dean of Students

How do I determine who is a Campus Safety Authority?

1. A campus safety authority is a person or offices responsible for campus security.

2. People or offices to which campus policy directs that crimes be reported.

3. “Officials with significant responsibility for student and campus activities.” This means work that focuses on student activities. The focus is on function, not title. Examples include anyone who has line of responsibility, (Student life—housing, discipline, extracurricular, sports, Human Resources, etc. or anyone with regular contact with students, beyond the classroom).

Am I a Responsible Employee?

A responsible employee is any employee who:

1. has the authority to take action to redress sexual violence;

2. has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator/appropriate school officials; or

3. a student, staff or faculty member could reasonably believe has this authority or duty.

Additional Resources

Again, the intent of this communication is to provide you with important and timely information regarding Saint Mary’s College Title IX Sexual Assault Prevention policies and procedures. If you have any questions, please contact any of one of us at your convenience.

Regards,

Eduardo Salaz,
Associate Vice President, Human Resources and Title IX Coordinator
els3@stmarys-ca.edu

Dr. Evette Castillo Clark
Dean of Students and Deputy Title IX Coordinator
ecc4@stmarys-ca.edu

Peter Chen
Director, Workforce Planning and Compensation and Deputy Title IX Coordinator
phc1@stmarys-ca.edu