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Athletics Compliance Training

Liz Lavoie, UMS EO and Title IX Services Coordinator

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Cam McDonnell, UM/UMM Deputy Title IX Coordinator

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Crawford Cleveland, III, UMS Associate General Counsel

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What we’ll be covering today!

Title VI

Title VII

Title IX

VAWA

Clery Act

Scenarios

Q & A

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Information

Title VI (Civil Rights Act of 1964)

Title VII (Civil Rights Act of 1964)

Title IX (Education Amendments of 1972)

Protected Classes

Race, Color, and National Origin

Race, Color, Religion, Sex (includes sexual orientation, gender identity, and pregnancy), National Origin

Sex (includes sexual harassment, sexual violence, pregnancy, and parental status)

Jurisdiction

Programs or activities receiving Federal Financial Assistance (covers virtually all federal grantees)

Employment

Education program or activity receiving Federal Financial Assistance

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Information

Title VI (Civil Rights Act of 1964)

Title VII (Civil Rights Act of 1964)

Title IX (Education Amendments of 1972)

Who It Applies To

Recipients of federal funding (e.g., state, and local governments, hospitals, public & private universities)

Employers with 15+ employees, including federal, state, and local governments, as well as employment agencies and labor organizations

Federally funded educational institutions (e.g., K-12 schools, colleges, and universities)

Primary Purpose

To ensure that public funds are not spent in a way that encourages, subsidizes, or results in race, color, or national origin discrimination

To prohibit discrimination in all terms and conditions of employment based on protected characteristics

To ensure equal access to education by prohibiting sex-based discrimination in all aspects of an educational program or activity

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Information

Title VI (Civil Rights Act of 1964)

Title VII (Civil Rights Act of 1964)

Title IX (Education Amendments of 1972)

Standards of Discrimination

Agency regulations address practices that have an unjustified Disparate Impact.

Prohibits both: Intentional Discrimination (Disparate Treatment) and practices that result in Disparate Impact (unintentional discrimination)

Prohibits both Intentional Discrimination and through its implementing regulations, forms of harassment (like hostile environment) that are Severe, Pervasive, and Objectively Offensive

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National Origin – Actual or perceived (by others) place of origin, ancestry, ethnicity/ethnic characteristics, language, cultural heritage, or association with people of a particular nation or origin, regardless of a person’s citizenship or immigration status.

Race – a person’s actual or perceived (by others) membership in a group characterized by shared physical, cultural, or ethnic traits.

Color – the actual or perceived (by others) pigmentation, complexion, or shade/tone of a person’s skin.

Title VI – Applies to Recipients of Federal Funding

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Unequal Access & Opportunity

  • Exclusion from Teams
  • Discriminatory Recruitment

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Unequal Treatment & Benefits

  • Resource Allocation
  • Coaching & Tutoring
  • Scheduling & Travel

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Discrimination in Eligibility & Rules

  • Discriminatory Eligibility Standards

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Harassment & Hostile Environment

  • Racial/Ethnic Harassment
  • Retaliation

Prohibited Discrimination in Practice �Under Title VI – Specific to Athletics

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Sex – Including gender, pregnancy, childbirth or related medical condition, sexual orientation, and gender identity.

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Also includes National Origin, Race, and Color which have the same definition we previously discussed for Title VI.

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Religion – An individuals sincerely held religious, ethical, or moral beliefs, practices, or observations. This includes the absence of religious beliefs.

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Title VII – Employment Law (Employer-Employee Relationship Exists)

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Harassment & Hostile Work Environment

  • Racial/National Origin Harassment
  • Sexual Harassment

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Retaliation

  • Retaliation Against a Coach

Discrimination in Hiring,

Promotion, and Termination

  • Discrimination Hiring of Coaches
  • Refusal to Promote
  • Religious Discrimination
  • Sexual Orientation/Gender Identity Discrimination

Prohibited Discrimination in Practice Under Title VII – Specific to Athletics

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  • Unique to Athletics in that it provides equitable opportunities across three main areas: Participation (three-part test), Financial Assistance, and the provision of “Other Benefits and Treatment”

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  • Also covers sexual harassment and quid pro quo inside/outside of athletics

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Sex – includes sexual harassment, sexual violence, pregnancy, and parental status

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Title IX – Applies to Recipients of Federal Funding

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Jurisdiction

  • “education program or activity”
  • all operations of the University (locations, events, etc)
  • University has substantial control over both the Respondent and the context
  • Includes any building owned or controlled by a student org (including athletic & Greek houses)

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Title IX – Sexual Harassment

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  • Conduct on the basis of sex must satisfy one or more of the following:

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    • Quid Pro Quo
    • Severe, pervasive, and objectively offensive that it denies equal access
    • VAWA crimes

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Title IX Sexual Harassment

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Title IX Student Services

What we provide….

  • Reporting Options
  • Accommodations
  • Support (for both parties)
  • Resources
  • Prevention Education

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UMS Title IX and Equal Opportunity

What we provide….

  • Reporting Options
  • Accommodations
  • Support (for both parties)
  • Resources
  • Gender Equity in Athletics

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  • Disparate Treatment
  • Guidance & Oversight of all Title VI, Title VII, & IX Matters
  • Investigations Oversight
  • Filing Complaints on Behalf of Others

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University of Maine

  • Many occur within initial weeks of school
  • Res Life most common referral source
  • Student-athletes are more likely to be assaulted by another student-athlete than a non-athlete
  • Most complainants are female, most respondents are male
  • 1 in 6 (RAAIN)�

Fast Facts about UM

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  • The Rule of 3 – if you answer yes to ANY of the questions you must report.
    • Is the person telling you a student, staff, faculty, guest, vendor, or volunteer?
    • Is the person telling you, alleging that a student, staff, faculty, guest, vendor, or volunteer did this?
    • Did the incident occur on campus?

If you answer yes to ANY of the above 3 questions, you must report the incident

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Title IX & Mandated Reporting

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  • Once the University is on notice we must take immediate and appropriate steps to
    • Stop the harassment
    • Remedy the effects
    • Prevent a recurrence

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This is why reporting is not optional

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Title IX - Reporting

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How can you report a concern you have about a student?

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….but then what happens next?

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Title IX – Reporting (Student)

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Hi, my name is Cam….

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  • Resources
  • Options
  • Support

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Title IX Reporting

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How can you report a concern you have about a staff member, faculty member, yourself, guest, vendor, volunteer, etc?

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….but then what happens next?

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Title IX – Reporting (Non-student)

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Hi, my name is Liz (or Krissinda)….

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  • Resources
  • Options for Reporting
  • Support
  • Investigation or Referral

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What Does Outreach Look Like?

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Private

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On Campus

  • Title IX Student Services�207-581-1406

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  • *UMaine Police Dept.�911/ 207-581-4040

Confidential

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On Campus

  • Cutler Health Center, 207-581-4000
  • Counseling Center, 207-581-1392
  • Confidential Resource Advisor (call/text), 207-572-5372

Off Campus

  • Rape Response, 1-800-310-0000
  • Partners for Peace, 1-800-863-9909
  • Penobscot Nation DV/SA Shelter, 1-207-631-4886
  • EAP (Employees) 1-877-622-4327�

Resources

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Prompt, Fair, & Impartial Disciplinary Process for Sexual Assault, Domestic Violence, Dating Violence & Stalking

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Annual training for those involved in the disciplinary process

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Made amendments to the Jeanne Clery Act

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*VAWA protections apply to all victims regardless of sex, gender identity or sexual orientation

Requires prevention & education program offerings for students & employees

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Requires university to provide written notification of rights & options to victims & to offer supportive measures

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VAWA (Violence Against Women* Reauthorization Act)

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The Jeanne Clery Act

  • ASR - Requires colleges and universities to report campus crime data, support victims of violence, and publicly outline the policies and procedures they have put into place to improve campus safety (in 2025 we must also count Hazing statistics)
  • Includes:
    • Criminal offenses
    • Hate crimes
    • VAWA offenses
    • Arrests and referrals for disciplinary action
  • Timely warnings & emergency Notifications
  • Hazing – must included in Clery data, impliment policy and hazing prevention, must also provide a Campus Hazing Transparency Report when there has been an finding of hazing

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  • You overhear a student athlete talking about a “fan” that has been seen at the last couple of practices and home games. Nothing particular sticks out in their conversation.
  • Next week you notice a “fan” watching three of your athletes walk across the parking lot. The “fan” starts to head their way and is yelling something, but you can’t make out what they are saying. The athletes don’t look upset, so you continue speaking with your other athletes.
  • A few weeks later, the same group of athletes are talking about a YikYak post about them and some Insta DM’s they recieved.

Scenario 1

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  • They show you the text and DM’s which are pictures of the athletes.
  • The images look like they are from a protest. Two of the athletes are holding banners and the other one is carrying a large flag.
  • The athletes say they didn’t participate in a protest and aren’t sure who posted the images to YikYak and sent the DM’s.

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  • What do you do?

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  • A graduate student TA is dating one of your athletes. The grad has a good connection with folks in the department and seems to be building repour with other student athletes.
  • Your athlete seems upset and is really concerned about an upcoming exam.
  • Your athlete asks to talk to you because they failed their exam. You meet with the athlete, and they explain that their partner tried to tutor them, but they just couldn’t grasp the material, it’s a really hard course.

Scenario 2

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  • As you continue talking with the athlete you realize the grad student is actually their TA.

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  • What do you do?

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  • Your partner is in a crowd of fans and overhears some derogatory remarks being said about the opposing team.
  • The fans are yelling racial slurs and making derogatory comments towards the opposing teams’ players.
  • Your partner shares this with you later that evening.

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  • What do you do?

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Scenario 3

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    • Trends
      • Texting Conversations
      • Spidey-sense

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    • In what ways can we help you all?

Discussion

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�Crawford Clevland, III

207-581-5841

general.counsel@maine.edu �

Liz Lavoie

207-581-5866

titleix@maine.edu

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Cam McDonnell

207-581-1485

cam.mcdonnell1@maine.edu

�

Questions?

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