Title IX News

A MESSAGE FROM TEXAS A&M UNIVERSITY

November 7, 2022

I wanted to make you all aware of two sexual assaults reported over the weekend by Bryan residents living in the Northgate area. Though not on campus, the troubling incidents warrant a quick reminder about personal safety practices:

• Always lock doors and windows of both your residence and vehicle.
• Stay alert and aware of your surroundings: Don’t let technology distract you.
• If you see something, say something: Report suspicious activity to law enforcement as soon as possible.
  • University Police Department: 979-845-2345
  • Bryan Police Department: 979-209-5300
  • College Station Police Department: 979-764-3600
  • Brazos County Sheriff’s Office: 979-361-4900
• Utilize resources such as the Corps Escorts (979-845-6786) when walking alone at night on campus or the Friend Walk feature in the Code Maroon App when off campus.
• Blue Light phones are located across campus and can be used to call first responders in an emergency.

Safety is always our top priority. Anyone with information about these incidents should contact the Bryan Police Department at 979-209-5300. If you or someone you know has been a victim of sexual violence, contact the Texas A&M Title IX Office for support and resources.

Let’s all do our part to keep our campus and our community safe for everyone.

BG Joe E. Ramirez Jr.
Vice President for Student Affairs

Title IX Coordinator Jennifer Smith explains how A&M works to keep the campus safe from sex-based discrimination, harassment and violence.

By Lesley Henton, Texas A&M University Division of Marketing & Communications August 29, 2022

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Editor’s note: This story is part of an occasional series about the impact of Title IX.

It’s been 50 years since Title IX — the historic civil rights legislation that opened countless opportunities for women in higher education — was signed into law by President Richard Nixon. Texas A&M Today spoke with the university’s Title IX Coordinator Jennifer Smith, an attorney who has spent much of her career working to protect civil rights. She shares some of the lesser-known history behind the law, how the Title IX investigation process works, and what Aggies can do to protect themselves and one another.

What is Title IX?

Title IX is a federal civil rights law passed in 1972 that protects everyone from unlawful discrimination on the basis of sex. In addition to requiring equitable opportunities for participation in university programs and activities (like athletics, housing and admissions), Title IX prohibits sexual assault, sexual harassment, dating/domestic violence, stalking and sexual exploitation. Any school that receives federal funding must comply with Title IX.

Who can make a report?

Any person – including campus visitors, parents or vendors – may report sex-based discrimination, harassment or violence. However, all full and part-time A&M employees (defined as anyone who receives a paycheck or a stipend, regardless of their status as a student worker, faculty or staff) must report Title IX incidents. As “mandatory reporters,” employees who observe, experience or become aware of a Title IX-related incident in the course and scope of employment are required to report all known information to the Title IX coordinator. Employees who are licensed medical personnel, like the counselors at Counseling and Psychological Services (CAPS) or the physicians at A.P. Beutel Health Center, are confidential and only submit de-identified statistics as their mandatory reports.

How do people make a Title IX report at Texas A&M?

As Title IX coordinator, I am responsible for receiving and resolving complaints, and ensuring the university complies with Title IX. You can email civilrights@tamu.edu, call 979-458-8407, submit a report on our website, titleix.tamu.edu, or walk in to the Title IX Office in the YMCA building and meet with a case manager.

I’ve filed a report. What happens next?

After we receive a report, a case manager will contact the person who was affected by the reported behavior. The individual will be given information about their rights in the university’s Title IX process and options for resolving their complaint.

What supportive measures are available for the person who reports? Is there support for accused parties?

Case managers can connect affected individuals with on-campus and community resources for counseling, medical care, support and advocacy. They also provide supportive measures on a case-by-case basis. These options include assisting an individual with changes in work, housing or parking locations, academic adjustments, and the provision of a mutual “no contact” directive, available to prevent direct or indirect contact between two identified parties.

These supportive measures are available equally to both the person affected by the behavior and the accused party. The person affected by the behavior is also informed of their right — but not responsibility — to file a complaint with police if the reported behavior could be a violation of criminal law.

Does the university automatically pursue discipline once they receive an initial report?

No. The new federal regulations prohibit the university from moving forward until the person affected by the behavior files a signed, formal complaint requesting an investigation. That means when we receive an anonymous allegation of sexual assault, for example, the university usually cannot open an investigation because we do not have a signed, formal complaint from the person affected by the behavior. Another common scenario occurs when a student verbally reports a Title IX incident to a case manager, but does not follow up with returning the formal complaint form requesting an investigation. Even though the university is aware of the allegation of misconduct, we cannot move forward without the written request for action from the affected individual.

What is the typical timeline of a Title IX case?

The timeline for resolving a complaint depends on the resolution selected by the person affected by the behavior. After a formal complaint has been filed and the university determines that a university rule may have been violated, the person affected by the behavior has the option to select a formal or informal resolution. They may also decide not to pursue any resolution at that time.

If the formal option is selected, the university will assign an investigator who will gather evidence and information about the allegation. Once the investigation is complete, the investigator writes a report which contains all inculpatory and exculpatory evidence that was collected. The parties have the chance to review and respond to the report, which may trigger further investigation. Once the report is finalized, it is sent to a hearing officer who conducts a live hearing. If a party does not have an advisor, the University will provide one free-of-charge. The advisor’s job is to provide support and advice to their party and to cross-examine the other party at the hearing. If the accused party is found responsible for violating the university’s rules, the sanctions could include a reprimand, probation, suspension or expulsion. The formal resolution process often takes one to two semesters to complete.

If the informal option is selected, the Title IX coordinator will contact the accused party and determine whether they wish to participate in the informal resolution process. If both parties agree to attempt an informal resolution, they will meet with a trained mediator who will assist the parties in reaching a mutually agreeable resolution to the allegations. Although informal resolution agreements are very flexible, such agreements often contain requirements for restitution, educational activities, findings of responsibility, and sanctions. If both parties do not agree to attempt informal resolution, or if the parties fail to reach an agreement at the informal resolution meeting, the university will proceed with the formal process described above. Informal resolutions often take one week or less to complete.

If a student admits to underage alcohol or drug use while reporting an alleged Title IX violation, can the student be disciplined for drug or alcohol violations?

No, Texas A&M provides amnesty.

What was happening at the time Title IX was passed?

Title IX’s first “big splash” was that it increased opportunities for women to participate in athletics at universities. But if you go back and look at the people who worked in Congress to pass this law, they weren’t thinking specifically about athletics when they passed it. Patsy Mink, congresswoman for Hawaii (1965-77), was one of the authors and sponsors of Title IX. Even though she was valedictorian of her high school class and had bachelor’s degrees in chemistry and zoology, dozens of medical schools refused to admit her in 1948 because she was female. She decided to go to law school, instead, so she could learn how to challenge discrimination and create opportunities for women. After she graduated from the University of Chicago Law School, one of the only law schools in the country that accepted women at the time, she soon ran for Congress.

As the drafter of Title IX, she was originally trying to level the playing field in admissions, but Title IX today has been interpreted to compel equitable opportunities for females in every school program or activity – opportunities to attend the university, play sports, participate in student organizations, work on campus, receive financial aid and live in on-campus housing. Virtually every area that the university touches, Title IX is there.

How can Aggies work to support Title IX on campus?

A&M has the Step In Stand Up campaign which sponsors bystander intervention programs for faculty, staff and students. It’s a great program that teaches people how to step in when they see something that shouldn’t be happening, and to intervene in certain situations to help keep our community safe.

With the fall semester just now under way, we are promoting awareness of the Red Zone.

Fifty percent of sexual assaults of college campuses occur during the Red Zone, the time period between the start of classes and Thanksgiving break. Students, particularly new students, should watch out for each other and live by the Aggie Core Values.

Contact the Texas A&M Title IX office at 979-458-8407 or civilrights@tamu.edu

See original article at https://today.tamu.edu/2022/08/29/how-does-the-title-ix-investigation-process-work-at-texas-am.

The law helped open doors that had long been closed to women — and it would take courage to walk through them.

By Luke Henkhaus, Texas A&M University Division of Marketing & Communications July 27, 2022

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Editor’s note: This story is part of an occasional series about the impact of Title IX.

Andrea Abat ’89 still remembers how she felt the first time she saw the Fightin’ Texas Aggie Band perform.

“It’s wonderful to be somewhere in that chain,” said Abat, who went on to serve as an engineer in the U.S. Army, a special agent for the Environmental Protection Agency and now a director for the Carnival Corporation’s Incident Analysis Group. “And it’s very gratifying now to look out across a sea of cadets and see plenty of women in positions of leadership.”

Changing Times

Women were officially allowed to enroll at Texas A&M as full degree-seeking students in 1963, thanks to President James Earl Rudder’s decision to integrate the university along racial and gender lines.

According to former A&M history professor Henry Dethloff’s “A Centennial History of Texas A&M,” 150 women were enrolled at the college that first fall, and their numbers continued to climb in the years that followed: “… change was clearly in the air,” Dethloff wrote.

The Corps of Cadets, however, remained all-male despite efforts from a number of interested female students and some parents.

With that in mind, Williams and Parsons made a significant decision: Texas A&M would become the first major military college in the nation to admit women into its officer training program.

“This was before any women were in any of the service academies, or the Virginia Military Institute or the Citadel,” said Roxie Pranglin ’78, who joined A&M’s first-ever class of female cadets in the fall of 1974. “We were the first Corps of Cadets-type environment that allowed women to participate, and was it done perfectly? No. But I believe it was done with good intentions.”

The change had come swiftly. Juniors on Corps staff during the previous school year were tasked with preparing a detailed plan for the integration of women. They called it “The Minerva Plan” after the Roman goddess of wisdom, justice and war. When Pranglin and the other women arrived on the Quad that first semester, they were organized into the all-female Company W-1: “Minerva’s Finest.”

A Rocky Start

The transition into Corps life was not a particularly seamless one, Pranglin said. The women of W-1 didn’t get uniforms until the following semester, and they were not able to live on the Quad until the following school year.

“Our numbers fluctuated each day, people would join up and people would drop out, and we lived all over the place, so there was a lot of coming and going in those first weeks and months,” said Pranglin, who later went on to a 30-year career in higher education. “Everyone was really trying to figure out what to do with us, so the rules kind of changed regularly.”

One early point of contention was whether the women should be allowed to “whip out” — a traditional introduction and handshake between cadets. Pranglin said many male cadets would just leave the women standing with their hands outstretched.

“If they just refused to meet you, that was one thing,” she said. “When they then proceeded to tell you what they thought of you and how you were ruining the Corps of Cadets and Texas A&M, that was another.”

Still, the small band of women was not without allies, both on the Quad and off. The most obvious and visible were W-1’s first officers — male upperclassmen who volunteered to lead the female cadets through their tumultuous first years.

Their original commanding officer, Steven “Don” Roper ’75, said that while it didn’t make him very popular at the time, he remains proud of the work he and others did during those initial semesters.

“My goal was, at the end of the year, to basically walk away standing as an outfit,” Roper said. “And we did more than that — we excelled in certain areas. We certainly excelled in unity, and we excelled in learning how to protect each other’s backs, because that’s exactly what we did.”

The Push For Progress

“The class of ’80 wanted to be exceptional,” Sheridan recalls, and Zentgraf fit the bill. “She was tall, she was physically capable, she learned very quickly, she was incredibly intelligent.”

Zentgraf also wanted to join the Color Guard, one of several special units in the Corps including the Aggie Band and Ross Volunteers that had remained off-limits to female cadets.

“She tried out and the class of ’79 told her, ‘We didn’t think you would do well because you’re a girl, but you are the best candidate,’” Sheridan said. “But then my class said it ‘wasn’t military’ for a woman to be on Color Guard.”

Zentgraf was denied membership. And after repeated attempts to deal with the issue internally, her experience ultimately led her to take legal action against the university. A 1979 class-action suit argued that Texas A&M was violating Title IX by permitting sex discrimination in the Corps’ special units.

From the very start, the case was both high-profile and historic. When the U.S. Department of Justice moved to join the suit later that year, an Associated Press report noted it was the first time the federal government had taken action to enforce Title IX since the law was passed.

As Pranglin recalls, the suit was incredibly divisive, and for Zentgraf, the backlash was overwhelming.

“Melanie Zentgraf had a hard time,” Pranglin said. “And whether anyone agrees that she should have filed the lawsuit or not, I can tell you for sure that nothing changed until she did.”

In 1985, long after Zentgraf had graduated, was commissioned and entered the U.S. Air Force, the Texas Attorney General agreed to a settlement that would require A&M to actively embrace female participation in all areas of the Corps — special units included.

That same year, Abat and others were allowed to join and march with the Aggie Band, and in 1986, A&M had its first female Ross Volunteers: Mandy Schubert ’87 and Nancy Hedgecock ’87.

As Zentgraf told the Associated Press on the day of the settlement, “It’s over, but it’s just begun.” Zentgraf passed away from cancer in 2020, after a long and successful career flying for FedEx.

Marching Forward

But as Abat notes, “the band did not fall apart.” And neither did the rest of the Corps. More diverse than ever, it continues to train cadets for whatever may await them after graduation, just as it did for those trailblazing women of the 1970s and 80s.

“If you look at the history of these women, 15 years down the road, we already had five full colonels,” Roper said. “Other women have taken on very strong roles, everything from the Environmental Protection Agency right on down into business and the clergy. Each of those places they went benefited from having this particular group of women be part of their community.”

Contact the Texas A&M Title IX office at 979-458-8407 or civilrights@tamu.edu

See original article at https://today.tamu.edu/2022/07/27/title-ix-ushered-in-a-time-of-change-for-texas-ams-corps-of-cadets .

More than half of sexual assaults on college campuses occur during The Red Zone – the period between move-in and Thanksgiving break.

By Lesley Henton, Texas A&M University Division of Marketing & Communications September 2, 2021

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As the fall semester kicks off at Texas A&M University, officials are urging everyone in the Aggie community to use personal safety strategies and treat one another with respect as the period of time known as the “Red Zone” has commenced.

The Red Zone is the time period between move-in and Thanksgiving break when college students across the country are statistically most susceptible to sexual assault. More than 50 percent of college sexual assaults occur during this period.

Texas A&M’s Assistant Vice President for the Office of Risk, Ethics and Compliance and Title IX officer Jennifer Smith said every student, regardless of age or gender, is at risk, and first-year female students are statistically the most vulnerable.

“As the fall semester begins each year, the campus is flooded with freshmen students who are eager to experience the college social scene for the first time,” Smith said. “Unfortunately, predators can exploit new students who may be unfamiliar with our community and may not have established friendships yet.

Consent

Sexual violence is never the fault of the victim. Consent is vital to ensure your partner is willing to participate in sexual activities. Consent for any kind of sexual or intimate encounter should be clear, voluntary and ongoing. In some situations, it can be confusing to know whether or not you really have consent, Smith said.

“The most reliable way to know is to get a verbal ‘yes’ before interacting with someone else’s body in a sexual way,” she said, adding that a nonverbal ‘yes’ is also okay as long as it is clear.

When your partner mirrors or escalates your behavior, that is a “yes,” she said. “But if you get a lukewarm response or a confusing response, you need to immediately stop and get a verbal ‘yes’ before continuing. Check in with your partner at every step along the way and make sure that they want to engage in the same behaviors that you do.”

A person who is incapacitated by drugs or alcohol is incapable of giving consent.

Safety Tips

Through its Step In Stand Up (SISU) bystander intervention program, the university is providing tips to help everyone in the campus community stay safe.

Simple steps like these can help reduce the risk of being victimized:

• Use the buddy system
  You and your buddy can agree that if either of you appears intoxicated, gets sick, passes out, or has trouble walking or breathing, the other buddy will make sure they get home safe. Call 911in case of emergency.
• Plan your trip
  Know how you’re going to get to and from your destination. Are you going to designate a trustworthy and sober driver? Are you planning on using CARPOOL (the free, nonjudgmental, sober ride home)? Familiarizing yourself with the area you are going to and your options for getting home can be critical for staying safe.
• Avoid excessive use of drugs or alcohol
  There is a strong correlation between intoxication and sexual violence. The National Institute of Alcohol Abuse and Alcoholism estimates that each year, 696,000 students between the ages of 18 and 24 are assaulted by another student who has been drinking. And 97,000 students between the ages of 18 and 24 report experiencing alcohol-related sexual assault or date rape.
• Watch your drink
  If you do choose to consume alcohol, don’t leave your drink unattended, even for an instant. A perpetrator might add an incapacitating chemical to a drink if you’re momentarily distracted. If your drink has an unusual taste or appearance (like a salty taste or an unexplained residue), throw it out. Watch the bartender make your drink and don’t let someone unknown to you bring you one. Drinks with lids or sports top are a good choice.
• Use Safety Technology
  Research mobile apps that let you signal for help if you feel unsafe.

Step In Stand Up

This bystander intervention program asks every Aggie to “Step In” to prevent sexual violence and “Stand Up” to support survivors. SISU sponsors educational activities that promote awareness of sexual violence, the availability of campus resources and the options for reporting sexual misconduct to the university.

“The campaign also provides workshops and guest speakers throughout the year where faculty, staff, and students can learn to identify high-risk situations and obtain tools to intervene appropriately and safely in those situations,” Smith said, adding that she hopes as many campus members as possible become involved in SISU efforts.

“One of the best ways to get involved is to attend a presentation through the Office of Civil Rights and Equity Investigations (CREI) or Health Promotions,” she said. “These groups connect faculty, staff, and students with an extensive offering of classes – everything from healthy relationships to alcohol/drug education to self-defense classes.”

Additionally, Smith said, campus members can also learn about consent, sex education, and how to support a friend or colleague who has been impacted by sexual harassment or sexual violence.

“Unfortunately, victim blaming is common when sexual assault is discussed,” Smith said. “A victim can be blamed for being in the wrong place at the wrong time, wearing provocative clothes, or drinking too much. We want to make sure that everyone understands that interacting with someone’s body in a sexual way without their consent is a choice made by the perpetrator – not the survivor.”

Aggie Core Values

Participating in prevention efforts is an excellent way to live out Texas A&M’s core values, said Smith, especially respect, loyalty, integrity and selfless service.

“We can embody the core values by treating everyone with respect, acting with integrity, showing loyalty to fellow Aggies, and selflessly serving as active bystanders and advocates for survivors,” she said. “It is up to each one of us to ensure our campus is a safe place to live, work and learn.”

Resources

Register for on-campus training or request a presentation
How to report an incident
Safety resources
Support resources
Education resources
Title IX glossary of terms

Contact the Texas A&M Title IX office at 979-458-8407 or civilrights@tamu.edu

See original article at https://today.tamu.edu/2021/09/02/texas-am-university-urges-safety-precautions-respect-as-red-zone-period-begins

Texas A&M faculty and staff reflect on the landmark legislation.

When Elizabeth Cobbs was a child in the early 1960s, girls generally didn’t play sports. Most of the all-male teams didn’t allow it. The feeling of being second-class, she remembers, was bred into the system – “nobody thought of it as a problem,” she said.

At the time, there were distinctions between girls and boys that had always seemed natural. Cobbs, a Texas A&M University professor and the Melbern G. Glasscock Chair in American History, said it wasn’t until the late 1960s and 1970s that these ideas were challenged.

“Suddenly, people as a generation led by feminists began to say, ‘What if boys and girls could do a lot of the same things? In fact, most things? What if we just assume that everyone has an equal opportunity with everything?’” said Cobbs. “That was the period called second-wave feminism. People discovered that all these wonderful things we celebrate as a society, like sports, women could participate in, too.”

It was during this period 50 years ago that Title IX of the Education Amendments of 1972 was signed into law as an update to the Civil Rights Act that passed eight years earlier. It forbid discrimination based on sex in education. Immediately, the idea that women and men be given equal opportunities was most clearly manifested in sports, Cobbs said.

“There was such a dramatic representation of it in sports, because the disparities were so large and so apparent,” Cobbs said.

Notably, Title IX is commonly misunderstood as an athletics-related law. In actuality, said Meg Penrose, a professor at the Texas A&M School of Law, Title IX was passed by Congress to ensure gender equity in all educational programs and activities in schools that receive federal funding.

The statute itself is just one sentence long, consisting of 37 words: “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.”

Assistant Vice President & Title IX Coordinator Jennifer Smith said the anti-discrimination law is widely considered the most successful civil rights law due to its impact on women’s athletics.

“We went from women being 15% of collegiate athletes in 1972 to more than 44% of collegiate athletes today,” she said. “This change would not have come about without Title IX.”

But the landmark legislation reaches far beyond athletics: It touches admissions, financial aid, disciplinary processes, housing and more. Smith notes the law also protects against all forms of sex-based discrimination and harassment.

“Because of Title IX, today’s students find it difficult to imagine a world where they would be excluded from an opportunity because of their sex, and these expectations for equitable treatment have spilled over into society,” she said. “So in an indirect way, Title IX has fueled important cultural changes, including movement toward equal pay and equitable representation in high-level corporate positions.”

Despite decades of challenges from lawmakers and in courts to nullify its requirements, Smith said, Title IX has “endured and ensured that all students have equal opportunities to get their education.”

The law’s footprint has also expanded since its passage on June 23, 1972, Penrose said.

Because the law is enforced by the U.S. Department of Education’s Office of Civil Rights, the robustness of its protections – and the breadth of its interpretation – can change between presidential administrations.

Penrose, an expert in constitutional law, has written about the importance of Title IX’s role in gender equity for women and men, and has performed audits and represented students, educators and coaches as clients in this area. She also has a personal connection to the law.

“I received an athletic scholarship to play Division 1 athletics. So did my younger sister,” Penrose said. “This funding parity, providing athletic scholarships to women, is a direct result of Title IX. I am quite fortunate to have directly benefitted from Title IX.”

So while extracurriculars like sports weren’t at the center of the single-sentence law, they’ve become a significant symbol of the fight for equal opportunities. Cobbs notes that before Title IX, only one in 27 girls in the United States played sports. By 2016, that number had grown to one in five.

This is part of what made Title IX so transformative, Cobbs said.

“Sports teach some of life’s biggest lessons: how to compete fairly, how to lose gracefully, how to win honestly. These are values that sports inculcates,” she said. “You can’t write half of humanity out of the picture and think you’re getting humanity’s full strength.”

Cobbs said it’s also a reminder of the rights women may take for granted, like the right to learn. In this sense, she said, Title IX has roots back to the 1700s, when former First Lady Abigail Adams was one of the first advocates for formal education for women.

Cobbs also notes that women from all backgrounds played a role in shepherding Title IX through Congress. It was championed by former representative Patsy Mink (D-Hawaii), the first woman of color elected to Congress.  And Carol Mosely Braun, the first Black female senator, further advanced the law by pushing for legislation that required schools to report how they comply with Title IX.

Fifty years later, the advancements made by Title IX remain worth celebrating because of the previous 2,000 years that precede it, Cobbs said. With thousands of years of history weighing against the present, she said, it’s easy for society to slip backward.

“Laws are great because they express a society’s ideal,” she said. “The idea that you give people equal opportunities is important. We have to remember that there’s still that old history that shapes our way of thinking. Having laws that say today, we’re doing things this way, is invaluable.”

See original article at https://today.tamu.edu/2022/06/23/title-ix-became-law-50-years-ago-why-it-still-matters-in-2022/?utm_source=today_newsletter&utm_medium=today_email&utm_campaign=today_06-24-2022