THE ATIXA PLAYBOOK:
Best Practices for the Post-Regulatory Era
AUTHORED BY:
NEDDA BLACK, LCSW, J.D.
MICHAEL HENRY, J.D.
W. SCOTT LEWIS, J.D.
LESLEE MORRIS, J.D.
ANNA OPPENHEIM, J.D.
SAUNDRA K. SCHUSTER, J.D.
BRETT A. SOKOLOW, J.D.
DANIEL C. SWINTON, ED.D., J.D.
ELECTRONIC COPIES OF THIS PUBLICATION ARE PROVIDED
TO ALL MEMBERS OF ATIXA FOR INTERNAL INSTITUTIONAL
USE ONLY, AND SHALL NOT BE DISTRIBUTED OR POSTED PUBLICLY.
THIS PUBLICATION IS AVAILABLE IN HARDCOPY AND
ELECTRONICALLY TO NON-MEMBERS OF ATIXA.
TO PURCHASE, PLEASE VISIT https://atixa.org/resources/playbook/
© 2017 ATIXA. ALL RIGHTS RESERVED.
INTRODUCTION
If Everything is Discriminatory, Then Discrimination Means Nothing
A Note about Tone
4
5
8
WHY ARE COLLEGES IN THE BUSINESS OF ADDRESSING SEX OFFENSES?
10
TERMINOLOGY
14
MODELS OF PROOF FOR SEXUAL MISCONDUCT OFFENSES
Preponderance of the Evidence
Sexual Harassment
Quid Pro Quo Harassment
Model Policy Model of Proof
Rubric Retaliatory Harassment
Hostile Environment
19
Avoid the VAWA Offense Definitions as the Basis for Policy
The Centrality of Hostile Environment Analysis Terms Finding Favor in 2017
Non-Consensual Sexual Contact and Non-Consensual Sexual Intercourse
Asking the Right Question
Model Policy
Model of Proof
Rubric
Force
Incapacitation
Consent
Tying the Three Elements into an Analytic
Section Conclusion
Are You the Sex Police?: A supplement to the consent discussion above
Case Study #1– Liz and Neveah
Case Study #2 – Wes and Tameka
Sexual Exploitation
Model Policy
Model of Proof
Rubric
Determination
Intimate Partner Violence
Model Policy
Model of Proof
Rubric
A Two-Prong Analysis
Stalking
Stalking Dynamics and Statistics
Model Policy
Model of Proof
Rubric
Determination
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50
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63
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Sex Discrimination
Model Policy
Model of Proof
Rubric
Pregnancy
Athletics
Admissions Student Organizations
Religious Exemptions Gender Discrimination
Model Policy
Model of Proof
Rubric
Gender and Gender Identity: Understanding the Terminology
Retaliation
Model Policy
Model of Proof
Rubric
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ASSESSMENT, ANALYSIS, AND RESOURCES
Credibility
101
Don’t Lie to Me: Common Errors in Assessing Credibility Effectively
Due Process Commitment
The NCHERM Group Statement of Commitment to Due Process Protections
Due Process Checklist
Cross-Claims, Counter-Claims, and Retaliation The Wesley College OCR Determination
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101
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108
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CONCLUSION
115
ABOUT THE AUTHORS
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