Conference. At the grand hyatt hotel. If any of you are interested in health care, we will have a separate health care session. Either i was perfect or you this was not exciting at all. Thank you very much. It doesnt look like me at all. Im Randy Johnson at the u. S. Chamber of commerce, im just a lawyer, im not going to pretend to add to all the information people provided today. Im proud of this summit, its our fifth one. And my goal on this, five or six years ago, was, if we can bring together a lot of smart people and talk about a lot of technological advances, and move the beuhl forward a little bit on disease treatment, wellness programs, we can call it a day and go home. We earned our members dues. On a personal basis ive experienced a lot of i lost a sister, two sisters and a brother to cancer recently. Both under 70. I also had Prostate Cancer several years ago, i picked up a tid bit here in one of these meetings which gave me the information to reject a recommendation several doctors gave to me. And steered me in the proper direction. Listen to joe biden the other day on npr. And he what happened to the cancer moon shot. Its moving ahead. But we have information in silos. Havent we moved beyond that by now. Its a little frustrating when some of these issues keep getting repeted. We keep hammering away on it and hope we can move forward. I would be remiss not to mention we have another event. Were not buying lunch in between, there are good delis around the corner. Looking back and looking forward. Essentially its a way of saying, whats going on with the a aca. If we can establish that, maybe we can talk about solutions, as we go into this next year, regardless of who wins the white house, thats important. Jennifer lim for her help on this, and Hillary Crowe with the foundation. The labor and immigration division. Theyre great events. And thank you for all your work. I did mention, were going to form a company, as they get around the one child law over there. Were going to get a kickback on that. Thank you for coming, i hope you can stay around for the afternoon, its going to be a great event. A little more twist, a little more policy, a little more tips. I think youll find it interesting. Thank you for coming. Watch cspans live coverage of the third debate between Hillary Clinton and donald trump wednesday night. Our live debate preview starts at 7 30 p. M. Eastern. The briefing for the debate studio audience is at 8 30 p. M. Eastern. And the 90 minute debate is at 9 00 p. M. Eastern. Watch the debate live or on demand using your desktop, phone or tablet. Listen to live coverage of the debate with a free cspan radio app. Download it from the app store or google play. In the morning, a University Panel discusses American Election processes. Sylvia burwell will talk about the upcoming Affordable Care act open enrollment. Watch live at 10 20 a. M. East n eastern. Different approaches, universities are using to deal with Sexual Harassment and assault on campus. From Georgetown University law center, this is just under two hours. Okay, everybody if we can get start started. Im going to briefly introduce the folks on the panel and turn it over to them. This panel as you see in your materials is on harassment, abuse and fair process, we have nancy canalupo. Were happy to have nancy back. Along with william kidder, who is associate Vice President and chief of staff in the office of the president at sonoma state university. Theyre going to be presenting. Their paper is below the surface of the water. Sexual harassment by college faculty. We have brian pappas, who is he has a complicated title. Associate director of the adr program. His paper is abuse of freedom, balancing quality and efficiency in faculty title nine procedures. And then we have kelly bear who is director of the uc dave igs Family Protection and Legal Assistance clinic. Shes talking about the brainstorming about the Law School Clinics to provide assistance. We have alexander brodsky, who is a j. D. From yale. And shell be talking about a rising tide learning about fair disciplinary process from title ix. Where do you guys want to start . I think i am supposed to start. So bill and my paper was the idea of it was really anywhere yalted by bill. Because he was following several of the prominent faculty harassment cases that were occurring on institutions on the west coast and was head of the process at a former position. Similar to research that i had done some years ago, with regard to peer harassment. It quickly became obvious to us that there were several reasons why looking at the case law and the ocr investigations was not going to work in this context as it had in the peer harassment context. And so in the interest of time, im not going to go into all of the reasons, suffice it to say, we decided we needed to cast the net a bit wider. And we ultimately decided to look at three sources in an effort to map the problem of Sexual Harassment. In in the workplace, in educational institutions and occasionally in the criminal context specifically what we were looking at there was, we were looking at research on the ha harms to combat Sexual Violence. We looked at the incidence rate of faculty Sexual Harassment, particularly faculty Sexual Harassment of graduate students, ill explain that focus in a second and then finally we looked at the amount of serial harassment. A single harasser, who harasses multiple victims opinion our second category was looking at private lawsuits and ocr investigation resolutions. In cases that were brought by victims that had been harassed by faculty. There are close to 140 of these cases total. The third category was news stories regarding accusations of harassment by faculty, im going to talk about the social Science Research and the court cases and ocr investigations. The necessary steps schools should be taking to address knack you willty Sexual Harassment. Theres relatively little social science data the recent activity thats been spurred by the White House Task force to survey their students about Sexual Assault and Sexual Harassment on campus. Has started to gather some of this data. We have some faculty harassment on graduate students. And some of the large the Largest Survey thats been done as far as we know to date is the aau study. And so thats with 27 colleges and universities, Major Research institutions across the country. And you can see from the chart that the rates of Sexual Harassment reported by graduate students is quite high. Its especially high for transgender and gender none conforming folks. That is followed by women graduate students. You can see that harassment is happening at the hands of faculty or other university employees. Again, with the highest percentage of transgender and nonconforming students. And with women students next and men students last. I said earlier i would talk about why we are focusing on graduate students. And basically, we decided to focus on graduate students because our feeling. At least some of the social scientists involved in these surveys have articulated similar reasons. Our feeling was that graduate students are uniquely vulnerable to faculty harassment, and thats because of how closely they work with faculty. The length of time theyre often in their graduate programs and the importance of their relationships with faculty members in terms of the graduate students future careers. Were also aware that graduate students are quite literally the pipeline to the profession for almost all of the disciplines in academ academia. To the extent that certain groups of graduate students face more harassment and hostility, that is likely to affect the demographic demographics. The aau survey data is corroborated by some other smaller surveys or smaller or older surveys. The extent to which a few faculty members are harassing multiple students. So since we couldnt really find any studies on that question. We looked at studies on serial harassment and sexual aggression, which is a social science concept that measures similar kinds of conduct to Sexual Harassment. And there are only a few of those studies that deal with serial harassment in the workplace or with repeat sexual aggression between university stude students. Even though that body of research is relatively small, the studies that are available pretty much agree that serial harassers and assailants account for a lot of the Sexual Harassment and violence that is occurring out there. Mainly what the social Science Research doesnt capture for us, though as legal scholars and attorneys, is how much of what social scientists measure as sexually harassing or sexually aggressive conduct is sufficiently severe or pervasive enough to constitute Sexual Harassment as a legal matter. On the severe end of the Sexual Harassment spectrum, when were talking about Sexual Assaults, Sexual Violence this is not as much of a problem, because on the severe end one instance of Sexual Assault for instance is generally agreed to constitute Sexual Harassment sufficient to create a hostile environment as a legal matter. But one sexist remark in class or even several such remarks will not constitute hostile environment. It could conceivably show up as a data point in the social science surveys. To address the gap between the social Science Literature and legal standard, we look at the court cases brought by plaintiffs alleging Sexual Harassment by faculty involving a complaint or complaintses of faculty Sexual Harassment. We looked at 68 court cases and 65 ocr investigation resolution letters. All of which took place after 1998 when and we selected that date simply because thats the year that the Supreme Court decided the jebser case, which is sort of the modern era of title ix and Sexual Harassment. Of those 133 cases, we found 46 cases where a faculty member was accused of engaging in conduct where there is enough detail about the conduct where we determined there was a claim of severe or hostile environment that was directed at a student. We looked at the conduct alleged to see what the faculty harassment of the students looks like. You know, who exactly is it doing the harassment, who are they harassing. How are they harassing them, and how are others reacting to the harassment. We found a couple general themes. So the first is on the slide. 57 of these cases involved unwelcome sexual touching ranging from hugs and kisses to sexual groping. Coercive sexual intercourse, Forcible Rape and the kinds of physical assaults and psychologically abusive and controlling behavior that is often associated with domestic violence. Youre probably thinking, or you may be thinking well, thats probably more of that unwelcome touching is sort of incidental contact like someone putting their arm around someone or giving a student a hug who didnt welcome it. In fact, if you look at the other bars on this chart, you can see that the greatest the most sort of violent or most severe forms of Sexual Harassment actually get the most the most cases are in those categories. And we only had a few cases that we found where it was just Something Like a hug or a kiss or Something Like that. The other thing we saw, because im already out of time is with regard to serial harassment. So these this is the statistics on serial harassment, or the basic percentage on serial harassment was 62 of the cases involved serial harassers. And this you know, again, this was conduct that was alleged by the students or the plaintiffs in the cases. And this was very much weighted on the side of the court cases as opposed to the ocr cases. But it was a High Percentage in both areas. So with that, i will pass it along to bill. Thank you, everyone. I want to thank margaret and robin for hosting this important conference today. So this is sort of an odd partnership in some ways for a paper. Normally, i publish a little on the side in areas related to affirmative action. For me, sort of stretching outside my comfort zone. This is several orders of magnitude different than my previous efforts in that regard. In my administrative life. I have had this separate professional experience life, working for many years in a provosts office. Working as a chief compliance officer, over seeing a title ix office. Including the last two cases in the university of california system that went all the way to the board of regents. I dont discuss those two cases in this paper. It animates my reservoir of experience. And how i analyze the cases and work with nancy on this paper. Nancy talked about a couple spheres of evidence. One being the social science. We dont have time to get into that in great detail. There is some interesting social science in this area. Another being the cases and ocr complaints you used. Because these are all confidential. And unlike in almost all litigation, the fact that there was litigation is public, even if its a jane doe case. Even in those circumstances, most faculty misconduct cases, whether for Sexual Harassment or other kinds of misconduct are entirely outside the sphere of public knowledge. Except when there are media reports. So we looked at that as a separate sphere of Data Collection. These are just cases, big cases in the news in 2015 and 16. You know, we could have easily filled up 15 bullet points instead of five, if we had the time and the inclination. But just to kind of give you a flavor of whats been going on at many leading universities around the country. So to start with uc berkeley. They have basically had a total catastrophic meltdown over this issue over the last two years. For example, last summer, i was testifying in defending a faculty termination case in federal court. At the same time this whole controversy was playing out in summer 2015 on the Berkeley Campus. Marcy was on the short list for a nobel prize. He had a 20 year track record it looks like, at least of some degrees of complaints about his groping and unwelcome sexual advances, and so on. That was just one case where the anemic disciplinary response by the campus was regarded within the Uc Berkeley Community and within the Broader Community as morally repugnant, basically. Over 20 of the people, one was unfit to return to duty. Second case at uc berkeley, unfolded in the spring of 2016. That involved the dean of the uc berkeley law school. The second dean by the way at berkeley to resign amidst a Sexual Harassment scandal. Dean towdry had had an executive assistant, there was a title ix investigation against him, that substantiated violations, very anemic sanctions at least thus far. He received a 10 pay decrease a salary cut for one year, that was his initial sanction. Until the case blew up in the media. There was significant blow back within the community. He had allegedly put his hands on his waste. Sort of this repeated kissing and there is a third major case at berkeley, that involved the vice chancellor for research he was also found to have groped the breast of his middle manager. And engaged in other similar kinds of misconduct as was described by the law deemed. As if to punctuate or symbolize the cultural problems on the Berkeley Campus with respect to enforcement of ethical norms. The assistant vice chancellor that fleming was found to have sexually harassed. She herself had been fired for Sexual Harassment related conduct and she did that behavior after the conduct by vice chancellor fleming. Thats the berkeley case. Ill move more quickly through the others. Northwestern, we have some northwestern folks here at the conference who probably have a lot more facts on the ground about that. But professor ludlow in the Philosophy Department was alleged by two separate students, one graduate student, one undergraduate student to have had nonconsensual sex with those students. The first time around in the disciplinary process, he received a modest sanction of i think he was withheld a merit increase of 3,000. The Second Time Around as the case progressed and he lost his lawsuit against the students in the university. He resigned as he was circling the drain of a termination proceeding. University of west virginia, school of medicine. Its important in discussing this whole topic to make a mental note that in the stem sciences and in laboratory, scientific laboratories, there are particular constellations of vulnerabilities, with regard to Sexual Harassment of graduate students. Of under graduates, of post docs, and this is also true in a medical school context, the chair of the Neurosurgery De