Mary Martinez, Central Michigan University's Title IX Coordinator from the Office of Civil Rights and Institutional Equity (OCRIE), talked about Title IX, an old federal law gaining some new attention, on March 19 at the Center for Student Inclusion and Diversity.

The event was called Title IX in 90 Minutes, and it was hosted by Martinez and the Office of LGBTQ Services and Gender Equity Programs to inform and educate students about what the federal law banning sex-based discrimination in education is and what it means for them at CMU.

Director of the Office of LGBTQ Services and Gender Equity Programs, Bee Taylor, said the purpose of holding this event was to inform and educate students, to get through that "gray area" where students who don't know what to do in these situations, can understand the importance of consent, and know how to get support themselves, a friend or stranger.

"I just want them to know, where to go, where to get help," Taylor said.

Martinez introduced herself with three rules that she lives by, and said she hopes others will live by them, too.

"Play nice in the sandbox, don't touch each other, and keep your pants up," she said. "If you can do these three things in a day, if you're a kindergartner or you're a faculty member, you're going to have a successful day."

Title IX states, “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, according to the Department of Education.

Martinez said the law, which was signed by President Richard Nixon in 1972, initially was to make sure women had an equal chance to participate in collegiate sports. Since then, the law has been amended by many different administrations, majorly by President Barack Obama in 2011.

His expansion of Title IX included all university educational activities and programs than just sports. Like housing, participation in clubs and activities and academics, she said.

Martinez said that CMU’s Sexual and Gender-Based Misconduct Policy is based on the foundation of both federal law like Title IX and state laws such as the Elliott-Larsen Civil Rights Act that prohibits all forms of harassment and/or discrimination on the basis of sex and gender identity.

CMU's Sexual and Gender-Based Misconduct Policy is based on and follows these laws to prohibit actions such as:

Dating violence;
Domestic violence and intimate partner violence;
Gender-based harassment;
Sexual assault;
Sexual exploitation;
Sexual harassment;
Stalking;
Title IX sexual harassment and
Retaliation.

Martinez said the difference between harassment and discrimination is that discrimination is the adverse action or denial of an opportunity to someone, while harassment is a hostile environment that has been created.

“'I wear glasses, and there’s too many of us that wear glasses here, so I’m going to have to fire you because you wear glasses,'" Martinez said. "That’s discrimination, adverse action for treating someone differently.

“Harassment, on the other hand, is the unwanted conduct or communication related to that protected activity, or that sex, gender or (any) protected category. So with the glasses situation, what if I every day came in, I’m like, 'Hey, four eyes. Hey, are those coke bottles on your face, can you even see me?' What if I made these comments every day? That would be harassment."

Inside the area of sexual harassment, Martinez said there are two distant types of harassment. One is a quid pro quo, or this for that, which she described as someone demanding a sexual in nature action, in-exchange for a positive action in return.

“What about athletic events, or someone (that) volunteers that (is) planning an alternate spring break," she said. "'Hey, I’m not going to let you be a site leader unless you X, Y and Z.' That is that critical quote, you do something for me, I’ll give you something in return. If you don’t do that or meet my expectations, you won’t get this in return."

The second form of harassment is creating a hostile environment, or creating an atmosphere that is unwelcoming and oppressive. Martinez said examples could be hanging inappropriate posters in the workplace, residence hall or somewhere on campus that are sexual in nature.

However, she said that one comment, such as one offhand or suggestive comment about a person, will probably not reach that level of harassment, as it needs to be severe and pervasive, or consistent and constant enough to reach that level.

Sexual assault, she said, is unwanted, non-consensual touching, intercourse, or penetration in any way. Stalking is the current occurrence of someone providing unwanted, continued attention that impacts an individual’s life.

Martinez said at CMU, there are two level types of employees, designated officials and confidential resources.

“Under university policy, all employees, unless you’re specified as a confidential resource, (they) must report incidences that they’re aware of involving Title IX or sexual misconduct on campus or the community that they learn about that affects CMU,” she said.

She said resources like the counseling center, doctors or medical providers, Sexual Aggression Peer Advocates, or SAPA, and clergy members are some confidential resources. Everyone else, Martinez said, from the CMU president, herself, to maintenance staff, if aware of any sexual misconduct, must report it.

Reports can be made via CMU's online portal or directly to the OCRIE's office in the Bovee University Center Room 306.

She said support services were available to students who have suffered or are suffering. Some possible support to victims could be any or a mix of the following:

Changes to housing assignments,
Public safety escort on-campus,
Changes to work schedule or job assignment,
Changes to academic assignments or schedules,
Mutual no contact orders and
Referral to other supportive services.

Martinez said this is not an exhaustive list of options and support services vary on the exact situation.

Martinez said that in the event of a report to her office, the first priority is to provide services and resources to the individual to make sure they are okay. This could be providing emergency housing, access to medical care, support for classes and specialized counseling services like a psychiatrist.

Martinez said that if an individual wants to file a police report and wants the university to investigate as well, they can, but it's not required.

"Someone can say, 'I don't want to file a report with anyone right now, because I don't even know what day of the week it is because I haven't slept.' That's fine," she said.

In the case of police involvement outside of an incident involving a minor or the threat of self-harm, she said that is up to the individual in end to decide how they want to share their story.

"Outside of that, it's an individual's story to tell, and if they want too, we help facilitate that," Martinez said.