Title IX Compliance Guide for Mandatory Reporters: Fort Wayne Campus
UNDERSTAND TITLE IX
What is Title IX?
Title IX is part of the Education Amendments of 1972 and is enforced by the U.S. Department of Education. This federal law prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance.
Title IX applies to all participants of such programs, including students, parents and faculty/staff members.
A variety of activities are covered under Title IX, including athletic programs, recruitment, admissions, financial aid, and participation in extracurricular programs and activities. For example, Title IX addresses discrimination situations such as unequal treatment of pregnant and parenting students or unequal pay based on gender.
Why is Title IX important?
Title IX helps to foster safe and respectful University environments that better protect students, faculty and staff from incidents of sex-based discrimination and sexual harassment, including sexual violence, relationship violence and abuse.
What are the requirements of Title IX?
The University is obligated to provide a prompt, thorough and equitable investigation of any report of sex-based discrimination, sexual harassment or sexual violence. This obligation remains even in the absence of a formal complaint.
Title IX ensures that both parties in a reported event have equal opportunity to be heard and participate in a grievance process.
Why is Title IX relevant to you?
As a mandatory reporter, you must carry out your responsibilities to report all Title IX violations of sex-based discrimination and sexual harassment, including sexual violence and child sexual abuse. Sexual violence is often the focus of many requirements and responsibilities that fall under Title IX because it is a very serious form of sexual harassment.
By fulfilling these responsibilities, you assist the University in complying with legal requirements and help the University maintain its commitment to fostering a secure, equitable and inclusive community.
KNOW YOUR RESPONSIBILITIES UNDER TITLE IX
Who has responsibilities under Title IX?
While the University encourages all campus community members to report incidents of harassment or discrimination, several classifications of employees have been identified as "mandatory reporters" for Title IX purposes. These employees have authority and responsibility to take action to remedy harassment. Examples of mandatory reporters include:
- Vice presidents, vice chancellors, vice provosts, deans, department heads, directors and coaches.
- Employees in supervisory or management roles.
- Faculty members.
- Student affairs professionals.
- Residential life staff.
What is the purpose of a mandatory reporter?
Through your knowledge and application of University policy and state laws, you play an important role in:
- Protecting students, faculty and staff from incidents of sexual violence.
- Supporting sexual assault survivors.
- Helping the University maintain a safe environment by striving to eliminate, prevent, and address discrimination on the basis of sex, including sexual violence.
What are your primary responsibilities as a mandatory reporter?
The main responsibility of mandatory reporters is to report any Title IX violations to the University as soon as possible. You are required to report incidents you personally observe as well as incidents reported to you. You must report these offenses to the designated office on campus.
Additionally, all mandatory reporters are required to report instances of suspected child abuse in accordance with the Indiana law.
What additional responsibilities might you have as a mandatory reporter?
Many mandatory reporters under Title IX are also considered Campus Security Authorities (CSAs) under the Clery Act. As such, you may be required to file reports of certain crimes, including sexual assault and child abuse/neglect, according to procedures outlined by the Clery Act.
If you are also a CSA, please refer to the "Clery Act Compliance Guide for CSAs" for more information about your responsibilities, offenses that should be reported and how to take action in compliance with the Clery Act: www.purdue.edu/cleryact.
REPORT RELEVANT OFFENSES
What is a reportable offense under Title IX?
As a Title IX mandatory reporter, you must report any instance of discrimination or unfair treatment on the basis of sex or sexual harassment. Reportable offenses under Title IX are:
For an explanation of each of these offenses, please see the "Definitions" section.
What is a reportable offense for child abuse/neglect reporting?
Indiana law requires that all persons over the age of 18 report suspected child abuse or neglect to the police or Child Protective Services. Faculty and staff may also report such suspicions to his or her supervisor (or other designated person) who then also becomes responsible to report. Reporting to a supervisor or other designated person does not relieve an individual of his or her obligation to report. If you suspect or witness child sexual abuse on campus, you must report it to the police and/or the local child protective services.
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.
Any act of Sexual Violence.
Any act of Sexual Exploitation.
Any unwelcome sexual advance, request for sexual favors or other written, verbal, or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, education or participation in a University program or activity;
- Submission to, or rejection of, such conduct by an individual is used as the basis for, or a factor in, decisions affecting that individual's employment, education or participation in a University program or activity; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual's employment or academic performance or creating an intimidating, offensive or hostile environment for that individual's employment, education or participation in a University program or activity.
Any non-Consensual sexual act, including but not limited to rape, sexual assault, sexual battery and sexual coercion. Sexual Violence also includes Relationship Violence and same-sex assaults.
Examples of Sexual Violence include, but are not limited to:
- Non-Consensual sexual contact: touching, with any body part or object, another person's intimate parts (e.g., genitalia, groin, breast, buttocks), whether clothed or unclothed.
- Non-Consensual sexual intercourse: oral, anal and/or vaginal penetration, to any degree and with any body part or object.
- Compelling a person to touch his or her own or another person's intimate parts without consent.
- Clear communication given by words or actions that shows an active, knowing and voluntary agreement to engage in mutually agreed-upon sexual activity. Consent is given freely and voluntarily. Consent may not be inferred from silence, passivity or when an individual is incapacitated or otherwise prevented from giving Consent as a result of impairment due to a mental or physical condition or age. No Consent exists when there is a threat of force or physical or psychological violence.
- Although Consent may be given initially, it may be withdrawn at any point without regard to activity preceding the withdrawal of Consent.
- The voluntary nature of Consent will be subject to heightened scrutiny in circumstances in which a person engages in a sexual relationship with a person over whom he or she has any power or authority within the University.
Any physical, sexual and/or psychological harm against an individual by a current or former intimate or romantic partner. Intimate or romantic partners may be dating, cohabitating, married, separated or divorced, and may be of the same or opposite sex.
An act that exploits someone sexually. Sexual Exploitation is another form of Sexual Harassment in which no violence is involved, but conduct takes advantage of another person sexually.
Examples of Sexual Exploitation include, but are not limited to:
- Exposing one's own or another person's intimate parts without Consent.
- Recording video or audio, photographing, or transmitting intimate or sexual utterances, sounds or images without Consent of all parties involved.
- Allowing others to view sexual acts (whether in person or via a video camera or other recording device) without the Consent of all parties involved.
- Engaging in any form of voyeurism.
Any knowing or intentional course of conduct involving repeated or continued following, threatening or intimidating another by telephone, mail, electronic communication, social media, in person or any other action, device or method that:
- Would cause a reasonable person to suffer substantial emotional distress or fear of bodily injury or death; and
- Actually causes such person substantial emotional distress or fear of bodily injury or death.
Child Sexual Abuse
Child Sexual Abuse includes:
- Sexual intercourse.
- Touching — including reciprocal touching — of a sexual nature.
- Using objects to penetrate a child's vagina or anus with no valid medical purpose.
- Indecent exposure or exhibitionism.
- Exposing a child to pornography.
- Exposing a child to the act of sexual intercourse.
- Masturbating in front of a child.
- Using a child to film, photograph or model pornography.
How do you report Title IX harassment and/or discrimination?
If you are a mandatory reporter and someone informs you of an offense that falls under Title IX, report it immediately by taking these steps:
- Ensure your safety and the safety of the reporter/victim. In an emergency or situation of imminent danger, call 911 immediately.
- Inform the victim that you are required to report the incident, even if the victim chooses not to press charges or file a report with law enforcement. Although every effort will be taken to ensure privacy, a mandatory reporter cannot guarantee complete confidentiality.
- Listen to the victim. Collect information needed for reporting.
- Report the incident.
Contact Christine M. Marcuccilli
Director, Office of Institutional Equity
Report by email: titleIX@pfw.edu
Report by phone: 260-481-6107
- Provide assistance: Inform the victim of his/her option to also self-report the incident to campus police and local police for investigation or to decline to report the incident to law enforcement. Filing a report with police does not require the victim to press charges.
- Refer the victim to relevant resources for additional support if needed. Please refer to the "Campus and Community Resources" section for contact information and support services.
How do you report child abuse and neglect?
If you suspect or witness child sexual abuse on campus, you must report it to the police and/or the local child protective services:
For emergency situations: Call 911
For non-emergency situations:
- Call the PFW Police Department: 260-481-6827
- Call Indiana Child Protective Services: 800-800-5556
For anonymous reports via Purdue's Whistleblower Hotline:
- Fill out the online form at www.purdue.edu/hotline; or
- Report by phone: 866-818-2620
If in doubt as to whether an incident needs to be reported, report it. There is no such thing as over-reporting!
Do not promise confidentiality.
Do not attempt resolution on your own.
In some cases, you may be required to report an incident multiple times if it falls under Title IX, Child Abuse/Neglect, and/or the Clery Act. Reporting under the Clery Act is required for statistical purposes, while Title IX and Child Abuse laws allow action to be taken to protect the victim and prevent future offenses.
CAMPUS AND COMMUNITY RESOURCES
EMERGENCY: CALL 911
Office of Institutional Equity
Christine M. Marcuccilli
Title IX Coordinator
PFW Police Department
Fort Wayne Police Department
PFW/Parkview Health and Wellness Campus Clinic
Walb Student Union, Room 234
Monday-Friday, 8:30 a.m.- 4:30 p.m.
2200 Randallia Drive
PFW/Parkview Student Assistance Program, Office of the Dean of Students
Walb Student Union, Room 113
Monday-Friday, 8:30 a.m.- 4:30 p.m.
800-721-8809 (toll free)
Fort Wayne Sexual Assault Treatment Center
During business hours: 260-423-2222
Fort Wayne Women's Bureau Rape Crisis Hotline
888-311-7273 (toll free)
YWCA Domestic Violence Crisis Line
800-441-4073 (toll free)
Purdue University Title IX website
PFW Title IX Website
Clery Act Compliance Guide for CSAs
Ethics and Compliance
Ernest C. Young Hall, Room 1029
155 S. Grant St.
West Lafayette, IN 47907-2114
An equal access/equal opportunity university | September 2014