Title IX is a federal law that was passed as part of the Education Amendments of 1972. 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.” 

This law applies to any institution that receives Federal financial assistance from the Department of Education. These institutions must operate in a non-discriminatory manner, and may not retaliate against anyone for opposing an unlawful educational practice or policy. They may also not retaliate against anyone for making charges, testifying or participating in any complaint action under Title IX. Sexual harassment and sexual violence are prohibited under Title IX.

Learn more

• Title IX, U.S. Department of Education
• Questions and Answers on Title IX and Sexual Violence, U. S. Dept. of Education, Office for Civil Rights (April 2014)
• Not Alone: The First Report of the White House Task Force to Protect Students from Sexual Assault (April 2014)
• "Dear Colleague" letter, U. S. Dept. of Education, Office for Civil Rights (April 2011)
• Supporting the Academic Success of Pregnant and Parenting Students Under Title IX of the Education Amendments of 1972, U. S. Dept. of Education, Office for Civil Rights (June 2013)

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is better known as the Clery Act. This is a federal law that requires colleges and universities in the US to disclose information about crime on and around their campuses. By October 1st each year, institutions must publish their annual security report and distribute it to current and prospective students and employees. The report must provide crime statistics for the previous three years, descriptions of campus crime prevention programs, policy statements on safety and security measures, and information on procedures to be followed in the investigation and prosecution of alleged sex offenses. Visit the Clery Center site.

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees. Under this law, employers cannot make employment-related decisions such as recruitment, advertising and promotions on a person’s race, color, sex, national origin or religion. The law was amended in 1978 to include pregnancy. Read more about Title VII.     

The Campus SaVE Act was part of the reauthorization of the Violence Against Women Act which includes domestic violence, dating violence, and stalking. Learn more about the Campus SaVE Act.

The Campus Sexual Assault Victims’ Bill of Rights states that:

• Both the accuser and the accused must have the same opportunity to have others present during investigation processes.
  • The Confidential Advocacy Program can accompany you to any proceedings and provide you with support and advocacy.
• Both parties must be informed of the outcome of any disciplinary proceeding.  
• Survivors shall be informed of counseling services.
  • Students may receive counseling through the Student Health and Wellness Center.
  • Employees can access counseling services through the Employee Assistance Program.
• Survivors shall be informed of their options to notify law enforcement.
  • You can report to OHSU Public Safety by calling 
    • 503-494-4444 (emergencies) 
    • 503-494-7744 (non-emergencies)
• Survivors shall be informed of options for changing academic and living situations.
  • There are many resources and support services that the Confidential Advocacy Program can help provide to you if you have safety concerns or are struggling academically.

The Oregon Revised Statutes (ORS) make provisions for employees who are directly affected by or have a minor child or dependent who is directly affected by domestic violence, harassment, sexual assault or stalking. You are entitled to paid leave under the following circumstances:

• To get medical treatment or recover from injury caused by domestic violence, sexual assault, harassment or stalking.
• To get legal help or assistance from law enforcement for your own safety or that of your minor child or dependent.
• To get or to help your minor child or dependent to get counseling from a licensed mental health professional for experiences with domestic violence, sexual assault, harassment or stalking.
• To get services from a victim services provider for yourself or for your minor child or dependent. Feel free to contact the Confidential Advocacy Program for these services.
• To relocate or to make your current residence more secure for your own safety or that of your minor child or dependent.

You should give your employer advance notice and contact the Standard to notify them of your intention to take leave, except in cases where advance notice is not possible.

The Standard may ask you to provide certification of you or your minor child’s/dependent’s status as a victim/survivor of domestic violence, sexual assault, harassment or stalking, and that the leave you are taking is for one of the purposes mentioned above.  Types of certification that you can provide are police reports, protective orders or any official documentation from a professional related to your case, including your Confidential Advocacy Program advocate.

All records and information kept by your employer regarding your case are confidential and will not be released without your consent, unless required by law.

Read more about workers’ rights.

Most states follow the federal Crime Victims’ Rights Act (CVRA). Some important rights to be aware of if your case goes to court:

• The right to be treated fairly, and with respect for your dignity and privacy.
• The right to be reasonably protected from the accused. This does not sanction police protection. Instead, it refers to having separate waiting areas or separate times to appear in court.
• The right to meet with the attorney for the government (the prosecutor) about your case.
• The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding involving the crime, or of any release or escape of the accused.
• The right to be informed of the status of the defendant in the criminal justice system, including conviction and sentencing; the criminal history of the defendant; imprisonment of the defendant; and the defendant’s future release from physical custody.*
• The right not to be excluded from any public court or parole proceeding, unless the court determines that hearing other witness testimony might alter your perception of what happened. In this case, you could be sequestered until after you give your testimony.
• The right (if you are 15 years or older) to be accompanied by a personal representative to phases of the investigation and prosecution of the crime, except for grand jury proceedings and certain child abuse assessments.*
• The right to have phone numbers and addresses withheld from the defendant unless good cause is otherwise shown. As a victim of domestic violence, sexual assault or stalking, you can have a substitute address designated if disclosing your real address could cause harm to you or your child(ren).*
• The right to be reasonably heard at any public proceeding in the district court involving the plea, sentencing, release or parole of the defendant. You can speak in court prior to the judge’s ruling or you can prepare a victim impact statement.
• The right to have a copy of any transcript, audio tape or video tape of any court proceeding in open court.*
• The right to compensation for qualifying assessments. Victims of sexual assault can have the cost of sexual assault examinations compensated.*
• The right to have any defendants, in cases where there was transmission of bodily fluids, tested for HIV. If the test is positive, the victim has the right to be provided with counseling and referral to appropriate healthcare, testing, and support services.*
• The right to a trial that is reasonably free from delays.
• The right to full and timely restitution under the law.

*Rights under Oregon state law. 

When we talk about privacy, we are talking about your right to choose when, how, and with whom your personal information is shared. You choose what and how much information you share with your advocate. There is no pressure. There is no judgement.

A good way to explain confidentiality is to refer to the relationship between a doctor and his/her patient. A doctor will not reveal a patient’s information unless the patient gives consent.

This is a great way to describe the relationship between you and your advocate when it comes to your personal information. Confidential Advocacy Program advocates recognize and understand the sensitive nature of experiences with sexual misconduct, and will do   everything in their power to protect the information that you choose to share with them. The only exceptions to confidentiality are:

Advocates are required by law to report to Oregon State Department of Human Services and/or law enforcement any real or suspected child neglect or abuse (physical or sexual) disclosed to staff, when there is enough information to make a report.

Advocates may inform the appropriate person(s) or authorities if a client is in imminent danger of doing harm to self or others.  

If you have any additional questions about confidentiality, our advocates are here to help.

Many of us have heard the term attorney/client privilege. When it comes to advocates, privilege works the same way. Privilege means that a court cannot force an advocate or the survivor/client to disclose information shared between the advocate and survivor/client. It also means that neither the advocate nor survivor/client can be punished for refusing to disclose the information. The survivor/client holds the privilege, and is the one who decides whether he/she wants the information to be shared.

Safety plans should be tailored to fit the circumstances of your situation. If you are in an unsafe/abusive relationship, your plan may be more detailed due to the constant proximity of your partner and the higher probability of threats or danger. If they have easier access to your personal information you will want to be careful and strategic with your plan.

• Trust your instincts. Don’t downplay the danger. If you feel you are unsafe, you probably are.  

• Take threats seriously. Danger generally is higher when you try to leave or end the relationship.  

• Contact the Confidential Advocacy Program, or your local community-based advocacy center if you would like help devising a safety plan, or to find out information about getting a protective order or other safety options. 

• Tell someone you can trust about what is happening. This person may be someone who can help provide you with support during this time or help to implement your safety plan with you. It could be a friend, Confidential Advocacy Program advocate, counselor at the Student Health and Wellness Center, fellow student, resident, faculty member*, dean*, or another trusted person.

  *OHSU Faculty and Deans are Responsible Employees and must report disclosures of discrimination, harassment, and violence to OCIC. In contrast, CAP, the Student Health and Wellness Center Behavioral Health team and all learners at OHSU are not designated Responsible Employees and do not have to report these disclosures to OCIC. 

• Keep these trusted people’s phone numbers or contact information readily available (particularly if your phone is being monitored or you may be at risk of losing it). 

• Consider telling your neighbors or on-site building manager about the situation, providing them with a photo or description of the individual and any cars they may drive if known. Ask your neighbors to call the police if they see this person, or devise a signal to use to communicate with them that you need help or to call the police. 

• Have a code word for family and friends to signal danger. Children should know this code word as well.

• Let someone know where you are going, with whom, and when you expect to be back. You may also like to download the app Circle of 6, which allows you to get help from your circle of safe people. 

• If possible, avoid areas where you might run into the person who harmed or is harming you.  

• If possible, go to a safe place (friend/family member’s house, shelter, etc.) 

• If it is not possible to go to a safe place outside of where the person who is harming you is, try to go to a room with an emergency exit such as a backdoor or window. Once you have determined escape routes, teach them to your children, if you have them. 

• If you have children, arrange for them to be in a safe place. This may or may not be with you. 

• If the person who harmed you knows your regular routes to and from classes, clinical location, or other frequented places, try to switch them up frequently so that it is harder to track you. 

• Have a friend accompany you, if possible, or call Public Safety to set up officer escort services for OHSU locations.

• Try to stick to public areas (cafeteria, library, etc.) whenever possible. If you experience harassment, stalking, or violence in a public area, you can try to ask for help from those around you. 

• Try to always travel with your cellphone fully charged, as well as with the charger. 

• Try to always travel with some form of identification. 

• Try to always travel with spare cash. 

• Keep a bag with essential items packed in a secure location in case you have to make a hasty exit. This bag should include: important identifying documents, spare cash, some items of clothing, spare cellphone/charger, and essential toiletries. 

• Document the abuse. 

• If the person who harmed you has access to your bank accounts try to save money, and open a separate bank account that only you have the password for. 

• Change usernames and passwords of your online or other accounts. Don’t log into them on any device that you think is being tracked or monitored.  

• Disable Bluetooth and GPS on your phone if you think you are being or will be tracked.  

• Consider getting a new phone if you think your current one is being tracked or has malware on it.  

• Refrain from posting anything that may help someone figure out your location or places you frequent on social media. Ask your friends to not tag you or post photos of you. Review your privacy settings on your online accounts, or consider deactivating them.  

• Consider your emotional safety as well. Try utilizing different grounding techniques until you find one or two that work well for you. Keep a reminder with you of how to complete your grounding techniques so that you can use them whenever you need.  

More information on safety planning: 

• Plan to Safety, National Domestic Hotline
• Personalized Safety Plan, National Coalition Against Domestic Violence
• The VIGOR: A Safety Planning Tool  
• myPlan, an app to help with safety decisions

Is it necessary to prove abuse by the respondent to get a FAPA protection order?

Is it necessary to prove abuse by the respondent to get a FAPA protection order?

Can anyone get a FAPA protection order?

• No. A person can only seek a FAPA protection order against a family or household members.
• “Family or household members” are considered:
  • Spouses/Domestic Partners
  • Former spouses/Domestic Partners
  • Adult persons related by blood, marriage or adoption
  • Persons who are cohabiting or who have cohabited with each other
  • Persons who have been involved in a sexually intimate relationship with each other within two years immediately preceding the filing of a domestic violence report
  • Unmarried parents of a child

Restraining orders are designed to protect those in imminent danger of further abuse by an abuser, including:

• Menacing, intimidating, interfering with, or molesting or attempting to do any of these things to the victim and/or any children in the victim’s custody
• Contacting or attempting to contact the victim
• Remaining in a residence in the victim’s name, even if it is jointly in the names of the victim and the abuser
• Removing personal items from a residence without the presence of a police officer

Stalking protective orders may be available even when restraining orders (FAPA orders) are not. Stalking in Oregon occurs when a person “knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person.”

To qualify as stalking, your situation must meet both of these requirements:

• A reasonable person in the victim’s situation would have been alarmed or coerced by the contact.
• The contact causes “reasonable apprehension” about the safety of the victim or member of the victim’s immediate family or household.

What qualifies as “contact”?

• Visual or physical presence
• Following
• Waiting outside the home, property, place of work or school of the other person or of a member of that person’s family or household
• Communicating directly with the other person or through another person via mail, e‐mail, telephone, or any other form of communication
• Communicating with a third person who has a personal or business relationship with the other person for the purpose of affecting their relationship
• Causing damage to the other person’s home, property, place of work or school

Non-threatening, non‐physical confrontation may be constitutionally protected and can make getting a stalking order problematic. The stalking protective order will specifically say what the stalker is prohibited from doing. Stalking orders do not have specific end dates and judges have the authority to make them permanent. You can get a stalking order even if you already have a restraining order against the stalker. There is no fee for filing a stalking protective order.