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What is Title IX? Does it have to do with sports?

Although, Title IX has had much visibility related to athletics, the law applies to every single aspect of education. Title IX of the Education Amendments Act of 1972 is a federal law that 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 education program or activity receiving Federal financial assistance." 

  • Check out this fact sheet from the National Sexual Violence Resource Center: Ten Things You Should Know About Title IX.

How can I file a complaint or report?

      • Students can file a complaint or report using the College’s online reporting system, SMART, found on the main page of Centrenet or on the Sexual Misconduct Resources & Support page. You may also contact a member of the Title IX Team by phone, email, or in-person:

         

        The members of the Title IX Team for 2018-2019 are:

         

        Kay L. Drake, Title IX Coordinator, Investigator

        Vice President for Human Resources and Administrative Services

        Horky House, first floor

        859-238-5464

        kay.drake@centre.edu

         

        Person to be named, Title IX Team Member

        Title IX Deputy Coordinator

        Horky House

        Phone number to be determined

        Email to be determined

         

        Brian W. Daniel, Title IX Team Member

        Director of Residence Life

        Nevin Hall Residence Office, Room 112B

        859-238-5946

        brian.daniel@centre.edu

         

        Gina Nicoletti-Bellinger , Title IX Team Member

        Associate Athletic Director

        Sutcliffe Hall, Athletics administration office

        859-238-5493

        gina.nicoletti@centre.edu

         

        Person to be named, Title IX Team Member

        Director of Diversity and Inclusion Programming

        Office to be determined

        Telephone to be determined

        Email to be determined

         

        Gary Bugg, Title IX Team Member, Investigator

        Director of Public Safety

        Public Safety Office, West Walnut Street

                 859-238-5535

                 gary.bugg@centre.edu

         

                Kevin Milby, Title IX Team Member, Investigator

        Director of Public Safety

        Public Safety Office, West Walnut Street

                 859-238-5534

                 kevin.milby@centre.edu

         

                 Dr. Mary Gulley, Title IX Team Member

        Asst. Dean for Advising, Asst. Professor of Psychology

        Old Centre, Dean’s Office

                 859-238-5223

                 mary.gulley@centre.edu     

      •  If you would like to talk through the option of reporting, Centre Counselors are available to meet by appointment to support you in your decision whether to report.  Centre Counseling can be reached at 859-238-5740 or counseling@centre.edu.  After hours, in the case of an emergency, a counselor can be reached through DPS or your RA. You only need to convey that it is an emergency to speak with Counseling. DPS and RA’s are mandatory reporters and you do not need to tell them why you need to speak with Counseling.

Can a survivor choose not to pursue a Title IX investigation after they make a report? Can the survivor stop the process?

      • We certainly want survivors to have control over the process. However, in determining whether a student’s request for a report of sexual misconduct cannot be acted upon, Centre College will consider multiple factors, including:
      • whether the incident involved the use of a weapon;
      • if there have been other reports of misconduct committed by the accused student;
      • whether the incident involved multiple perpetrators;
      • whether the incident suggests a pattern of misconduct at a particular location or by a particular organization or person;
      • risk of harm to self or others
      • survivor’s willingness to pursue a complaint.

Does my Title IX report go to the police? 

      • No, your report does not go to the police. We encourage you to also make a report with the police. Please let us know if you would like assistance contacting the police. We can provide transport, escort, or information to make a police report or to help you with a restraining order. 

How are students involved in the Title IX system? How can students make their voices heard and help prevent sexual misconduct on campus?

      • Students for Prevention Education & Advocacy in the Community (SPEAC) (2018-2019)

        Fill out an application for 2018-2019 here.

        SPEAC is open to all students who want to help our community prevent student sexual misconduct. The group works with the College's Title IX team in advancing the College's sexual misconduct prevention awareness, education, and programming as part of the College's comprehensive prevention framework. They are ambassadors to the student body and are excellent resources to talk with if you are uncertain about reporting or want more information. SPEAC students are voices for the prevention of sexual violence on campus and run awareness campaigns and host programming and educational events. They represent many aspects of Centre life as athletes, resident assistants and directors, Brown Fellows, and Bonner & Posse Scholars. They are members of fraternities, sororities, diversity student union, and student government. 

      • If you are part of another student organization and would like to host an event on sexual violence, please contact Ben.Nelson at ben.nelson@centre.edu. SPEAC can co-sponsor, offer information or support, and/or simply add it to the sexual violence awareness & prevention calendar and help promote.
      • Green Dot is The College's bystander intervention program to aid students, staff, and faculty in our efforts to keep our campus safe. You can sign up to be certified in Green Dot and attend a 4-6 hour retreat or attend an 1 hour overview session to become familiar with the program's approach. For more information about upcoming dates or to request a session for your organization contact Ben Nelson at ben.nelson@centre.edu.

        A Green Dot is any behavior, choice, word, or attitude that promotes safety for everyone and communications utter intolerance for interpersonal violence, dating or domestic violence, and stalking. A green dot is intervening in a high risk situation - a green dot is talking to your friends about how you feel about violence - a green dot is hanging up a prevention poster - a green dot is putting a green dot statement on your social networking page - a green dot is wearing your green dot gear - a green dot is putting a link on your website to your local prevention program - a green dot is organizing a training for your organization.

        A green dot is simply your individual choice to make your community safer.

What if I don’t know if what I’ve experienced is sexual misconduct?

      • There's no right way to respond to experiencing sexual misconduct. Confusion or needing to process how you feel about what happened is normal. If you have a bad feeling in your gut about something that occurred contact Centre Counseling to talk to someone. Centre Counseling can be reached at 859-238-5740 or counseling@centre.edu. After hours, in the case of an emergency, a counselor can be reached through DPS or your RA. DPS and RA’s are mandatory reporters and you do not need to tell them why you need to speak with Counseling.

Why should I make a report?

      • Making a report feels right to you. 
      • For a survivor, reporting sexual misconduct to the college or to the police will not change the past, but for some, a report can help survivors seek justice and begin the healing process.
      • We can help. Title IX is designed to ensure that no one is prevented from their education. We want you to feel safe and thrive in the place where you work, live, and study, and sexual violence can have long-term effects.  Kay Drake, the Title IX Coordinator, can provide assistance with interim measures such as changes in coursework, housing, or work study assignments. We can also help connect you with support services. However, Centre Counseling is also a confidential way to seek accommodations.
      • If an anonymous report is made through the online reporting tool, SMART (Sexual Misconduct Assault Reporting Tool), an incident will be captured as a statistic for the Department of Public Safety Reports if applicable. This assists Centre in better understanding the incidence of sexual violence in our community and helps us in our education, prevention, and response. Sometimes a survivor might want to stand up and be counted but not be known. An anonymous report might be a good option in this case.

What should the responding party expect during the process?

      • Responding parties can expect to be treated fairly throughout the process.

      • The College offers assistance and non-judgmental support to any party involved in an incident of sexual misconduct. The College understands that individuals involved in an incident of sexual misconduct will have questions and may need the support of on-campus services. 

         

        Any member of the College community involved in an incident of sexual misconduct can expect:

         

        • The opportunity to meet with the Title IX Coordinator, a Deputy Title IX Coordinator, or (in the case of absence or conflict of interest) other employees designated by the Title IX Coordinator to answer questions regarding the College’s Sexual Misconduct Policy and/or complaint procedures for students and employees.
        • Immediate measures by the College to prevent unnecessary or unwelcomed contact with or proximity to the other party. Such measures may include housing relocation, the imposition of no-contact orders, and adjustments to course or work schedules to prevent contact, as determined appropriate by the Title IX Coordinator or an official designated by the Title IX Coordinator.
        • The right to be free from retaliation. Any retaliatory behavior should be immediately reported to the Department of Public Safety at 859-236-4357 or by dialing for “HELP” (4357) on a campus phone. The Department of Public Safety is available for assistance 24 hours a day, 7 days a week.  You may also report retaliatory behavior to a member of the Title IX Team.

If I make a Title IX report will you tell my parents?

      • No.

How are penalties for student misconduct determined? 

      • For students, disciplinary action issued by the College will be taken by the Vice President and Dean of Student Life. Depending upon the severity of the misconduct and other factors pertinent to the situation and the parties involved, for a student, the sanctions range from a warning to expulsion, and could include a requirement of counseling or education. Penalties are confidential, but are shared with both parties to the matter. 

What should I do if an incident happens when I am off campus?

      • If you experience sexual violence while you are away from the Danville-Boyle County area, you are encouraged to contact local similar resources and/ or seek guidance from a member of the Title IX Team. Making a SMART report online is one way to get in touch. Participants in Centre programs abroad should contact, if appropriate, their onsite faculty director or, in the case of the Merida or Strasbourg programs, the local staff coordinator.  You should also follow the guidance provided in the “Sexual Misconduct Policy Away from Campus Resources for Complainants and Respondents Traveling Abroad,” which is included in the Study Abroad Handbook, and available on this CentreNet page. 
      • SASHAA's site includes a link to AT&T access codes, which enables victims to contact them via an international toll free number (1-866-USWOMEN) from 175 countries, which means anyone can call and get connected with a U.S.-based caseworkers who will guide her or him from that moment onward. Chat and email options are available as well.

Will I get in trouble for drinking or drug use if I make a report?

      • No. Bystanders, witnesses, and reporting parties will not get in trouble for drinking or drug use.

Who investigates Title IX complaints?

      • Kay Drake as the College’s Title IX Coordinator is responsible for investigating complaints. Gary Bugg and Kevin Milby, Directors of Public Safety support Kay as investigators as needed. Only these three individuals are investigators for the College as they have received specialized training.

What does it mean that Centre's Title IX cases are adjudicated with the standard of proof of preponderance of the evidence?  

      • This standard of evidence means that the Appropriate Administrative Officer must determine whether a complaint of sex discrimination is “more likely than not” to have occurred. This standard applies for all complaints of sex discrimination, including sexual harassment and violence, because Title IX outlines standards for school disciplinary processes, not criminal complaints (which require the highest standard of evidence, “beyond a reasonable doubt”).

Is there a time limit for making a Title IX report? 

      • There is no time limit for making a report. We encourage reporting an incident as soon as possible so we can respond the most effectively, but there is no limit.

How many assaults have happened at Centre?

How many allegations of sexual misconduct were reported to the Title IX Coordinator last year? What happened with those cases?

      • For academic year 2016-2017, there were 2 student-to-employee sexual misconduct allegations reported.  Of those, the College investigated and took institutional action on both of them.

        For academic year 2016-2017, there was 1 employee-to-employee sexual misconduct allegation reported, and institutional action was taken. 

        For academic year 2016-2017, there were 18 allegations of student-to-student sexual misconduct reported.  Of those, the College attempted to investigate all 18. 

        • 7 of the 18 investigations conducted led to some form of institutional action (remedial, educational, or disciplinary action)
        • 7 of the 18 investigations could not be fully pursued because there was an unknown respondent, or the reporting party did not want to participate in the investigation at the time, or report was made anonymously. 
        • 2 of the 18 were determined to be unfounded or not a matter falling under the Sexual Misconduct Policy.
        • 2 of the 18 were situations non-Centre related, but survivor support was offered

        ___________________________________________________________________________________

         

        This past academic year 2017-18, there were 3 student-to-employee sexual misconduct allegations reported.  Of those, the College investigated and took institutional action on all 3 of them.

        This past academic year 2017-2018, there was 1 employee-to-employee sexual misconduct allegation reported, and institutional action was taken. 

        This past academic year 2017-2018, there were 22 allegations of student-to-student sexual misconduct reported.  Of those, the College attempted to investigate all 22. 

        • 10 of the 22 investigations conducted led to some form of institutional action (remedial, educational, or disciplinary action)
        • 9 of the 22 investigations could not be pursued because there was an unknown respondent, the reporting party did not want to participate in the investigation at the time or reported anonymously. 
        • 1 of the 22 was determined to be unfounded or not a matter falling under the Sexual Misconduct Policy.
        • 2 of the 22 were situations non-Centre related, but survivor support was offered

         

Why should I seek medical care after an incident?

      • We care about your health and well-being. If you have experienced sexual violence, the College advises you:

         

        1. Go to a safe place.

         

        1. Call someone that you trust - a good friend, your family, a counselor, or a chaplain. Centre Counseling can be reached at 859-238-5740 or counseling@centre.edu.  After hours, in the case of an emergency, a counselor can be reached through DPS or your RA.

         

        1. Seek medical care as soon as possible at any emergency medical facility, such as Ephraim McDowell Regional Medical Center’s Emergency Room or the University of Kentucky Emergency Room. To preserve your legal options, it is important to have a medical exam to assess for physical injuries and to collect evidence. You may have the exam and then decide not to pursue legal action. The medical provider will address the risk of pregnancy and sexually transmitted infections. Prophylactic medications will be offered. The medical examination is free. A sexual assault forensic exam should be available at no out of pocket cost to you.  To preserve evidence and to assist the examination:

         

        Be sure NOT to bathe, douche, urinate, or defecate prior to arriving at the Emergency Room.

        Be sure NOT to change clothes. If you have already removed clothing, place it in a paper bag and bring it with you.

        Take extra clothes with you, as clothing will likely be held as evidence.

        Please ask for someone you trust or a member of the Faculty or Staff to go with you.

         

        1. Report the assault to campus authorities, local law enforcement and/or to one of the members of the Title IX Team. Individuals are strongly encouraged to come forward to report an assault and to receive appropriate professional counseling.

What is a rape kit?  What is a SANE or SAFE exam?

      • A “rape kit” is a slang term for a sexual assault evidence kit. This is a box containing items needed for the specimen collection that takes place during a forensic exam for sexual assault. Associated forms for documentation are also in the box. That box arrives sealed prior to use to insure the contents are undisturbed from the time the package was put together until the time of the exam. The seal is broken at the time of the forensic exam and a different/new seal is placed once samples for DNA evidence and supporting documentation are complete and placed in the box. Kits are usually used if the assault occurred less than 96 hours prior to the  examination. Possession of or handling of this box or its contents follows a chain of custody. Medical personnel are responsible for initiating the chain of custody of all samples, beginning at the time of collection. Each person or entity who takes physical possession of the samples becomes part of the chain of custody, and may be called to testify in court. Clear documentation is kept for chain of custody.

         

        If a patient decides to report to law enforcement, then the kit is transferred to the appropriate law enforcement officials as soon as possible. Chain of custody documentation must be maintained and a copy must accompany the kit at all times.

         

        If a patient decides not to report to law enforcement, the evidence kit must be stored for at least 90 days in order to give the victim time to consider filing a delayed report.

         

        A sexual assault forensic exam (SAFE) may be conducted by either the Emergency Department physician or by a sexual assault nurse examiner (SANE). If a SANE performs the exam, that nurse is dedicated to the patient throughout the entire process without having other patients assigned to their care.  The exam can take several hours.  A SANE can conduct even the pelvic exam portion of the forensic exam.  Availability of a SANE varies by facility.  If a SANE is not available then a physician will conduct the exam, assisted by an ER nurse.  Either way, evidence can be collected, a kit completed, a rape crisis advocate called to go through this process with the patient, STI treatment offered, emergency contraceptives offered, and education/follow up information provided.

I am worried about my insurance being billed for a SAFE/SANE exam. . . what can I do?

      • If you request a SAFE/SANE exam and you do not want your health insurance billed you must say: "Do not bill my insurance." You do not have to provide your insurance for a SANE/SAFE exam. If you have been to Ephraim Medical before and they have your insurance on record you can still say, "Do not bill my insurance."
      • When you are an ER patient, someone from registration will speak with you and ask you to sign papers for consent to receive treatment, will give you information on patient rights and responsibilities, and will verify your address, insurance, and emergency contact information.  If you are on your parent’s health insurance plan and do not want home contact (through a bill or explanation of benefits) then let them know that you do not want your insurance billed.  If you have never been there, do not give insurance information.  If you have been there before, your insurance information may be in the system.  If you do not want insurance billed, say so and be very clear.  If you are ok with home contact then the hospital will bill your insurance company.  Whatever costs are not covered by your insurance will be submitted to the Kentucky Claims Commission, formerly the Crime Victims Compensation Program.  If you do not want insurance billed, ask them to bill the entire amount to the Kentucky Claims Commission. http://cvcb.ky.gov/Pages/default.aspx 

         

If I make a report, will you be investigating my sexual history?

      • No.

If there is a sexual history or even a current or previous dating relationship between the individual submitting the complaint and the Accused, can it still be considered sexual misconduct? 

Yes, unfortunately dating and domestic violence are realities and considered sexual misconduct. For more resources on dating violence, including red flags to watch out for and confidential hotlines, visit Love Is Respect and One Love.

  • Consent must be granted even within a dating relationship. Consent:
  • Is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested an understandable agreement between them to do the same thing, in the same way, at the same time and with one another;
  • Is not merely the absence of a verbally stated “no”, silence without actions demonstrating permission, cannot be assumed to show consent;
  • Is never final or irrevocable;
  • Is time-limited and situation-specific; even if someone obtained consent from a partner(s) in the past, this does not mean that consent is automatically granted again;
  • Can only be given by someone who is free from verbal or physical pressure, coercion, intimidation, threat, or force; and
  • Can only be given by someone in an unimpaired state of mind who is able to understand what is happening.

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