DISCRIMINATION, HARASSMENT, BIAS, �SEXUAL MISCONDUCT, INTIMATE PARTNER VIOLENCE & STALKING��MANDATORY REPORTING FOR RAS�
Presented by: Jennifer Storm, Director of Institutional Equity, Compliance & Title IX
Claire Griffin, Assoc. Director of Prevention Education
What does the Office of Equity & Title IX do?
EQUAL OPPORTUNITY
Goals
UNDERSTAND YOUR ROLE AS A MANDATORY REPORTER
KNOW WHEN TO REPORT
KNOW HOW TO REPORT
Take care
Today’s training addresses serious and sensitive issues.
Your well-being comes first.
Please take care of yourself.
EQUAL OPPORTUNITY AND NONDISCRIMINATION POLICY �
For incidents of protected class discrimination and harassment, �sexual harassment, intimate partner violence, stalking, and retaliatory harassment.
Muhlenberg College is dedicated to providing a diverse, equitable, and inclusive educational and work environment for all students, faculty, and staff. The College has developed this policy, the Equal Opportunity and Nondiscrimination Policy (the “EO Policy”), to reaffirm this dedication.
Title VI of the Civil Rights Act
“No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
What does Federal Law Say?
Title IX-Federal Education Law:
"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."
Relationships as an RA
Student employees who have direct responsibilities over students that are assigned to them are discouraged from engaging in sexual or romantic relationships with those students, must immediately report the relationship to their supervisor, and follow any reasonable directions given by their supervisor concerning the matter.
What Is Free Speech on Campus?
The First Amendment protects your right to express opinions—even controversial or offensive ones—on public college campuses. However, free speech is not absolute.
Harmful Speech: There are exceptions, especially when speech crosses into harassment, threats, or creates a hostile educational environment.
Why Title VI
Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in programs or activities receiving federal funding.
Under Title VI, schools must respond to:
Title VI
Protected? Violation?
Type of Language | Is It Protected Speech? | Potential Title VI Violation? |
Political Debates i.e, DEI, Immigration, Orgs and Candidates etc. | Protected viewpoint | No, unless it targets individuals |
A single offensive joke | Likely protected (unless repeated) | Not Likely |
Racial slurs used repeatedly | Not protected if it creates a hostile environment | Yes |
Display of Confederate flag, Writing Free Palestine, etc. | Protected unless used to target or intimidate | Context matters |
Harassing memes or graffiti targeting a group | Not protected if severe and targeted | Yes |
Harassment & Discrimination Determinations…
Office of Civil Rights has repeatedly declined to state definitively whether certain language or conduct is or is not discriminatory or qualifies as harassment because this will always depend on the individual circumstances uncovered during an investigation
Case-by-case basis
Consideration of individualized factors
Highly fact-specific
Totality of the circumstances
Understanding the origin of certain terms or images helps explain why they are harmful, even when the speaker doesn’t intend harm.
Historical Context of Harmful Language and Symbols
If speech makes you or others feel unsafe, targeted, or excluded, you don’t have to stay silent. Here’s how to intervene:
🚥 A. Recognize When to Act
✋ B. Interrupt the Moment (Safely)
What to Do When Speech Becomes Harmful
C. Use Bystander Tools
D. Report It
If you believe the behavior may violate the EO Policy:
What to Do When Speech Becomes Harmful
Many marginalized groups have reclaimed historically harmful words as a form of empowerment and identity. This process called reclamation can be an important act of resistance and solidarity within a community but may be deeply offensive or harmful when used outside that context.
Examples of Reclaimed Terms:
Reclaiming Language: Identity, Power, and Context
Reclaiming Language: Identity, Power, and Context
Reclamation is protected under free speech, especially when used within the community reclaiming it. However:
Takeaways
Where is the Line
Under free speech, a student can say a reclaimed word, but:
Not Covered by First Amendment
RA LEADERSHIP RESPONSIBILITIES
Bias Response & Support Requirement
Provide direct support to community members impacted by harm, discrimination, or lack of access. Serve as a resource and advocate for affected individuals and groups.
Assessment & Advocacy
Education & Community Building
Mandatory reporting policy
*Exceptions: Confidential employees who have a privileged relationship by law – counselors, healthcare providers, and work study students and clergy. However information on Title IX options and office should be given when a disclosure is made.
How are reports made?
Anyone can make a report, online, in person, by phone, by email.
The majority of the reports received are by mandatory reporters. The majority of the mandatory reports made are by RAs.
“learn of or witness”
If it involved a Muhlenberg student, faculty member, or staff member;
If it occurs on campus;
If it occurs off campus during a Muhlenberg program, activity, or event; or
If it occurs off campus but affects a substantial interest of the College
Bias Incident Reporting
Includes a broad range of conduct that can be verbal, non-verbal, written, or physical conduct that harms, discriminates, or harasses anyone in our community based on a protected identity (such as age, color, disability, gender, gender identity, ethnicity, national origin, race, religion, sexual orientation, veteran status, and any other legally protected characteristic). Not all bias incidents will be considered a College policy violation. However, all bias incidents should be reported for appropriate notice, support, and response. Examples of bias-related incidents are: Verbal Attack, harassment, graffiti, vandalism and violence.
Policies & Procedures
Bias Incident Protocol
Active Bias Incident Response
Policies & Procedures
Non Bias Related Vandalism
This year, we have decided to update our vandalism procedures as it relates to vandalism that is non-bias in nature and written on whiteboards (i.e. profanity, phallic symbols, etc). If you see these things written or drawn on whiteboards, please follow the following procedures:
Vandalism
Bias-based Graffiti and Vandalism Response:
1. Take a picture of graffiti or vandalism.
2. Cover it to the best of your ability.
3. Call Campus Safety. RA should articulate the area, size, and nature of graffiti or vandalism to Campus Safety.
4. Call the professional staff member on call to relay information about graffiti or vandalism and send the picture(s) to professional staff member on call through building duty cell phone.
5. Do NOT move, destroy, erase, or otherwise remove graffiti from the area without the express permission from the professional staff member on call.
6. Remain on scene until assistance arrives.
7. Limit student interactions with the graffiti or vandalism.
8. Document what items and areas have been damaged or affected by graffiti or vandalism.
9. Addresses any distressing emotions the student may be experiencing and refer them to the appropriate resources.
10. Informs students they may be contacted by the Dean of Students Office for follow up information.
Policies & Procedures
Sexual Misconduct Protocol
Policies & Procedures
Supporting Students
If someone shares an instance of sexual misconduct with you, these suggestions are intended to help you best support the individual.
● Listen: Allow the person who is disclosing information to guide the conversation and next steps. Please don’t ask follow-up questions to gather additional details, the Director of Equity & Title IX will do that and we want to minimize the amount of times the student has to disclose the details of the event.
● Validate: Validate the reporting individual’s feelings and give them options. Supportive statements include:
o I hear you. This is not your fault.
o That sounds like a difficult situation.
o How can I best support you right now?
o Would you like to talk about it?
o Ask what you can do to assist the individual:
▪ Would they like to go to a different space (more private, different building, etc.)?
▪ Would they like to contact someone or have a friend with them?
● Address Medical Needs: Contact Campus Safety.
Policies & Procedures
Supporting Students
● Be Inclusive: Remember that sexual misconduct can affect anyone in our community and all individuals are protected under our policy. All genders, gender identities, ethnicities, sexual orientations and backgrounds can experience sexual misconduct.
● Mention Resources: This includes Campus Safety, the professional staff member on call & the Counselor on Call.
● Do not talk to accused persons unless directed to by a professional staff member.
● Recognize the effects of trauma: Trauma affects individuals in different ways and can directly impact memory and behaviors. Someone may be experiencing trauma and not act the way you think they should act.
● Respect their privacy: Only discuss the situation with those who MUST be informed due to your role as an RA. Also, do not attempt to contact others involved in the misconduct or try to conduct an investigation into the situation on your own.
● Seek self-care: Having someone disclose this type of information to you could be difficult for them and for you. Take care of yourself and seek support as necessary.
● Things not to do: Blame them, try to investigate or solve the issue, demand to know details, touch them, share their experience with anyone other than those who must know.
Policies & Procedures
Listen: Allow the person who is disclosing information to guide the conversation and next steps. Please don’t ask follow-up questions to gather additional details, the Director of Equity & Title IX will do that and we want to minimize the amount of times the student has to disclose the details of the event.
Validate: Validate the reporting individual’s feelings and give them options. Supportive statements include:
▪ Would they like to contact someone or have a friend with them?
Address Medical Needs: Contact Campus Safety.
PRACTICE SCENARIOS
Consider the information
Discuss what you would do and why
Is it reportable?
What can you do prevention wise?
Scenario 1
Situation: You are walking down the hall in Prosser and you see a racial or sexist slur written on a student in door.
Problem Solving Questions:
Scenario 2
Misinformation and Bias
Situation: A student reports that another student is spreading misinformation on social media, which they believe is creating a biased and hostile environment.
Problem Solving Questions:
Scenario 3
Misinformation and Bias
Situation: A student organization is posting about a divisive issue on social media and tagging another student who opposes their views. The student reports it to you.
Problem Solving Questions:
Scenario 4
You are at an off campus house party and you see two of your friends drinking and flirting with each other. They are touching and kissing throughout the night and seem to be enjoying each other’s company. One of your friends appears much more visibly intoxicated than the other and at one point runs outside to vomit. The friend who is more sober continues to make sexual advances after the intoxicated friend returns from vomiting.
What if a friend or student tells me something in confidence and asks me not to report it?
As an RA, I have a responsibility to report this…
“What can I do to support you?”
“Would you like to make the report together?”
“I want to help and make sure you are connected with the appropriate resources on campus. I will let them know in the report that you want to keep it confidential.”
“Someone will reach out to you and it’s up to you whether you want to respond. You will not get in trouble for not responding or deciding not to do anything.”
What does the Office of Prevention Education do?
Please contact us anytime.
Jennifer Storm�Director of Institutional Equity, Compliance and Title IX
484-664-3562�jenniferstorm@muhlenberg.edu
Claire Griffin
Associate Director of Prevention Education
https://www.muhlenberg.edu/equityandtitleix/
Questions?
Concerns?
Thank you!