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EOI & TITLE IX GUIDANCE: April 2021

VOL. 1 , ISSUE 2
APRIL 2021

Sexual Assault Awareness and Prevention Month

In the early 2000s, the primary goal of SAAM was awareness — both raising visibility of the teal ribbon and the meaning behind it—support. A few years later, SAAM incorporated prevention more heavily, focusing on areas such as communities, workplaces, and college campuses. These campaigns discussed ways that individuals and communities can stop sexual assault before it happens by changing behaviors and promoting respect.

Sexual Assault Statistics

1 in 5 women and 1 in 71 men will be raped at some point in their lives
In the US, 1 in 3 women and 1 in 6 men experienced some form of contact sexual violence in their lifetime
51.1 percent of female victims of rape reported being raped by an intimate partner and 40.8 percent by an acquaintance
52.4 percent of male victims report being raped by an acquaintance and 15.1 percent by a stranger
Almost half (49.5 percent) of multiracial women and over 45 percent of American Indian/Alaska Native women were subjected to some form of contact sexual violence in their lifetime
91 percent of victims of rape and sexual assault are female, and 9 percent are male
In 8 out of 10 cases of rape, the victim knew the perpetrator
8 percent of rapes occur while the victim is at work

Source: National Sexual Violence Resource Center

Myths vs. Realities

Victims of sexual assault do not qualify for supportive measures from the university unless a case is filed with university police.

Supportive measures are available to ALL victims of sexual assault regardless of whether or not there is a police report. In fact, the victim does not have to pursue a formal complaint with the university EOI office in order to receive supportive services either.

It’s not fair that only victims receive supportive services because Respondents are under stress when they are accused of sexual misconduct too.

Supportive services are available to BOTH Complainants (those who file a claim) and Respondents (those who are accused of improper actions) of sexual misconduct.

Sexual assault does not apply to same sex assaults.

ANY sexual assault can be reported to the EOI Office as the gender of the Complainant or Respondent is irrelevant. Sexual assault is always wrong regardless of gender.

If you were drunk or high, you cannot file a case of sexual assault because it was your fault.

Sexual assault is never the fault of the victim. In fact, if you were under the influence of alcohol or drugs you may not be able to consent to sex.

If you do not have a witness to a sexual assault you will not be able to prove your case.

Most sexual assaults do not have witnesses. However, the standard of proof for university Title IX cases is preponderance of the evidence, or more likely than not. At any rate, additional witnesses are not required to bring a case forward.

If you are accused of sexual assault the university automatically assumes that you are at fault until you prove differently.

While the university takes every claim of sexual assault seriously, it does not come to any conclusions regarding the facts of the case until after the investigation has concluded. It is the university’s obligation to prove that the Respondent is more likely than not to have committed the acts accused of and not the Respondent’s job to prove his or her innocence.

You can speak with your Professor’s confidentially about sexual assaults and receive support for your classes.

While EOI will coordinate with university departments to provide supportive services for victims, and you can speak directly with your Professors for support in their individual classes, conversations with Professors about sexual assaults are not confidential as Professors are considered to be Responsible Employees who are required to inform EOI of any information they receive regarding sexual misconduct of any kind.

If you are in a relationship with someone and have consented to sex with that person in the past, it is not possible for them to sexually assault you.

Relationship status does not matter. If you say no to any sexual act, that no must be accepted and respected even if you had a prior sexual relationship. If the person continues after you say no, the acts are not consensual and therefore fall within the definition of sexual misconduct.

Title IX only applies to athletics and sexual assault.

Title IX applies to all aspects of the university even though athletics and sexual assault get the most publicity. To be in compliance with Title IX, all university programs and activities must provide equitable access to all areas of the university from admissions and financial aid, to housing and academic programs.

EOI determines the penalties for persons found responsible for violating Title IX.

EOI’s role in the Title IX investigation process is that of fact-finder. EOI conducts the interviews and writes the investigative report; however, it is the Office of Student Accountability and Responsibility (OSAR) for students and Human Resources for employees that determines any sanctions to be imposed for someone found to have violated Title IX. For students, OSAR administers the hearing to determine responsibility and sanctions.

I just want to talk about my options because I am not sure if I want to file a formal complaint. What can I do?

EOI speaks with Complainants first regarding supportive measures. Then the investigative process is explained and it is generally up to the Complainant IF they want to pursue a formal complaint.