Back by popular demand, last year\u27s Supporting LGBTQ+ Survivors on Campus has been revamped for the new state of Title IX. Historically, Title IX protections have provided a much-needed resource for addressing sexual violence on campus. However, the benefits of Title IX may not apply equally to all students in practice. This workshop will discuss how the history of Title IX raises questions about its applicability for all sexual violence, and ultimately explore strategies for addressing sexual violence in lesbian, gay, bisexual, trans, and queer (LGBTQ+) communities. How effectively does Title IX address same-sex violence? What other policy and programmatic options exist? How can we improve support for LGBTQ+ students? Attendees will learn a framework for analyzing policy changes that they can bring back to their campuses

Levine, PhD, Ethan

Sapia, Molly

English

Rowan University

Rowan University Rowan Digital Works Title IX Summit Seventh Annual Title IX Summit Jun 4th, 11:15 AM - 12:30 PM Supporting LGBTQ+ Survivors on Campus Molly Sapia Temple University Ethan Levine, PhD Temple University Follow this and additional works at: https://rdw.rowan.edu/titleixsummit  Part of the Higher Education Commons, Law Commons, and the Sociology Commons Let us know how access to this document benefits you - share your thoughts on our feedback form. Sapia, Molly and Levine, PhD, Ethan, "Supporting LGBTQ+ Survivors on Campus" (2019). Title IX Summit. 4. https://rdw.rowan.edu/titleixsummit/2019/june4/4 This Event is brought to you for free and open access by the Conferences, Events, and Symposia at Rowan Digital Works. It has been accepted for inclusion in Title IX Summit by an authorized administrator of Rowan Digital Works. For more information, please contact rdw@rowan.edu. Supporting LGBTQ+ Survivors on CampusEthan Czuy Levine, PhDAssistant Professor of Criminal JusticeStockton UniversityMolly Sapia, MAPhD Candidate and Research AssistantTemple University1About us 2The Acronym(s)L = LesbianG = GayB = BisexualT = Transgender & Gender NonconformingQ = Queer & Questioning+  = other sexual/gender minority communities3Agenda Intro to Title IX What is Title IX? What is its history? Why might some incidences of sexual violence have trouble fitting under Title IX? Violence within and Toward LGBTQ+ Communities  Title IX and LGBTQ+ survivors Allyship and resources 4Title IX of the Educational Amendments of 1972No 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.5History of Title IX  Civil rights law Systemic discrimination against women in athletic, educational, and career achievements Male-on-female sexual violence as sex-based harassment & discrimination (“patriarchy model”)6Title IX Open Questions Does “sex” include “sexual orientation” and “gender identity and expression?” Does all sexual violence fit under Title IX?7Violence Within and Toward LGBTQ+ Communities8Sexual Violence and Partner Abuse in LGBTQ+ CommunitiesStalking, Sexual Violence and Abuse by Intimate Partners1Straight Women 35% Straight Men 29%Lesbian/Gay Women44% Gay Men 26%Bisexual Women 61% Bisexual Men 37% LGB men & women report higher rates of sexual violence than straight men & women1 1 in 2 trans people report lifetime sexual violence2 1 in 2 trans people report lifetime partner abuse29Supporting LGBTQ+ Survivors All of the usual concerns apply! So what’s different? LGBTQ+ specific barriers Policies with disproportionate impacts Prior exposure to anti-LGBTQ+ violence and bullying3,410Barriers to Seeking & Receiving SupportCultural/Community Concerns about “outing” Shared support systems Recognizing abuse in LGBTQ+ communities Victim-blaming stereotypes specific to LGBTQ+ communitiesInstitutional Documentation Outreach materials Sex-segregated facilities and services Knowledge/comfort Institutional discrimination11Survivor StoriesI, all my life was told that I brought on such assaults because of who I was. 4My partner’s coerced/nonconsensual sex with another FTM has fractured the local community into parties who believe my partner, parties who believe the perpetrator, and parties who don’t want to take sides (who are perceived to not believe my partner as a result)… 4The clerk was friendly when she gave Robin the paperwork and began giving her instructions. When Robin said the person she wanted a restraining order against was her ex-girlfriend,…the clerk wasn’t so nice anymore…she said, “Well, you can fill out the form anyway, but if she doesn’t have any weapons, you don’t have a very good case, do you?”…We ended up leaving.512Recently proposed changes to Title IX 13How might they impact LGBTQ+ survivors of sexual violence?Defining “Sexual Assault” Prior Guidance Ambiguous whether all sexual assaults count as sex discrimination No explicit definition of sexual assault Recently Proposed Changes  Sexual assault, as defined in the Clery Act (rape and other sex offenses) Gender-neutral definition14How might these other policy changes impact LGBTQ+ survivors?Topic Current/Prior Regulations Recently Proposed RegulationsUniversity knowledge of a sexual violence incident“When any responsible employee knew or should have known”“Actual knowledge”Cross-examination Discouraged RequiredIncidents outside program or activityMust investigate furtherMust terminate Title IX  investigation15Allyship and Resources16Individual Allyship Educate ourselves LGBTQ+ terminology Unique barriers faced by LGBTQ+ survivors Local and campus climate Be an active ally Inclusive language  Be open to corrections Approach sexual violence and harassment as LGBTQ+ issues17Institutional Allyship Educate ourselves on campus, state, and federal policy  Work towards inclusion Physical environment Outreach materials Documentation Resources/referrals Community partnerships (on and off campus) Support LGBTQ+ student leadership18LGBTQ+ Education Protections 19LGBTQ+ Inclusive Spaces 20LGBTQ+ Inclusive Documentation Legal name & chosen name Pronouns Inclusive demographic questions, if applicable Know and Tell Why21Resources 22Thank you!Any questions?Ethan Czuy Levine, PhDAssistant Professor of Criminal JusticeStockton Universitylevine.ethan@gmail.comwww.ethanclevine.comMolly Sapia, MAPhD Candidate and Research AssistantTemple Universitymolly.sapia@temple.edu23References1Walters, et al. 2013. The National Intimate Partner and Sexual Violence Survey (NISVS): 2010 Findings on Victimization by Sexual Orientation. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention.2James, S. E., et al. 2016. The Report of the 2015 U.S. Transgender Survey. Washington, DC: National Center for Transgender Equality.3Kosciw, et al. 2018. The 2017 National School Climate Survey: The Experiences of Lesbian, Gay, Bisexual, Transgender, and Queer Youth in Our Nation’s Schools.  New York: GLSEN.4Munson, M., & Cook-Daniels, L. 2015. Transgender Sexual Violence Survivors: A Self Help Guide to Healing and Understanding. Milwaukee, WI: FORGE.5Quinn, M. E.. 2010. Open Minds Open Doors: Transforming Domestic Violence Programs to Include LGBTQ Survivors. Boston, MA: The Network/La Red.24Supplementary Materials 1. Hate Violence and Bullying in LGBTQ+ Communities2. FBI and Clery Sexual Offense Definitions3. Prior LGBTQ+ Protections related to Sexual Violence under the OCR4. Verbatim policies Prior/current and proposed regulations around campus sexual harassment and assault with quotes and page numbers5. LGBTQ+ Employment Protections6. Public Accommodations Protections25 In the past year, 87% of LGBTQ+ K-12 students experienced some form of harassment or assault in school based on personal characteristics3 57% experienced sexual harassment 1 in 4 experienced harassment or bullying based on characteristics other than LGBTQ+ status 1 in 4 transgender students experience verbal, physical, and/or sexual harassment in college or vocational school, among those who are out or are perceived as trans2Hate Violence and Bullyingin LGBTQ+ Communities26FBI and Clery DefinitionsRape The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.Sex Offenses Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. A. Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. B. Incest—Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. C. Statutory Rape—Sexual intercourse with a person who is under the statutory age of consent.Source: https://www.ecfr.gov/cgi-bin/text-idx?SID=0f9b4554127f94265d49d29a16b90049&mc=true&node=ap34.3.668_150.a&rgn=div927Prior LGBTQ+ Protections related to Sexual Violence under the OCRGuidance Documents (with Links) Summary of Protections2001 Sexual Harassment Guidance(still active)• Still applies, but will soon be replaced• Sex-stereotypes (p. v)• “regardless of the sex of the harasser” (p. 3)2014 Q&A on Sexual violence under Title IX(rescinded)• Same but more details• LGBT face high rates of violence (p. 5)• Suggested policies (p. 6)2016 Dear Colleague Letter on transgender students (rescinded)• Definitions (p. 2-3)• Honor gender identities• Access to facilities28Verbatim PoliciesTopic Current/Prior Regulations Newly Proposed RegulationsUniversity knowledge of a sexual violence incident“if a responsible employee knew, or in the exercise of reasonable care should have known”(2014 Q&A, p. 2)(Actual knowledge): “notice…to a recipient’s Title IX Coordinator or any official of the recipient who has authority to institute corrective measures on behalf of the recipient” (p. 61466)Cross-examination “OCR strongly discourages” it because it may be “traumatic or intimidating”(2011 DCL p. 12)“…grievance procedures must include live cross-examination” (p. 61476)Incidents outside program or activity“…a school must process all complaints of sexual violence, regardless of where the conduct occurred, to determine whether the conduct occurred in the context of an education program or activity or had continuing effects on campus” (2014 Q&A, p. 29)“…if the conduct alleged…did not occur within the recipient’s program or activity, the recipient must terminate its grievance process” (p. 61474)However, “…nothing would prevent a recipient from initiating a student conductproceeding or offering supportivemeasures” (p. 61468)29LGBTQ+ Employment Protections 30Public Accommodations Protections 31

Supporting LGBTQ+ Survivors on Campus

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Supporting LGBTQ+ Survivors on Campus

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