Transcript Slide 1

Title IX: How It Affects You
AND Your Students
Dalia Blell
Professional Counselor
North Lake College
Kent Seaver
Director of Learning
Resources/
Title IX Coordinator
North Lake College
What is Title IX?
• “No person in the United States shall, on the basis of
sex, be excluded from participation in, be denied the
Knowledge learned through independent study, on-the job
benefits of, or be subjected to discrimination under
training, or experiential learning and translates that
any education program or activity receiving Federal
learning into college credit that is commonly recognized.
financial assistance.” 20 U.S.C. § 1681(a).
Underlying premise of prior learning is college level
learning can occur outside traditional classroom.
• Title IX applies to all educational institutions that
receive federal funds, regardless of the part of the
institution that receives funds or the amount received.
For example, a college that provides federal student
loans or an independent school that receives federal
grants to support its library would both be subject to
Title IX.
Why is Title IX So Important?
UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR
CIVIL RIGHTS THE ASSISTANT SECRETARY April 4, 2011
Dear Colleague:
Education has long been recognized as the great equalizer in America.
The U.S. Department of Education and its Office for Civil Rights (OCR)
believe that providing all students with an educational environment free
from discrimination is extremely important. The sexual harassment of
students,
includingpremise
sexual violence,
with
right to
Underlying
of priorinterferes
learning
is students’
college level
receive an education free from discrimination and, in the case of sexual
learning can occur outside traditional classroom.
violence is a crime.
Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§
1681 et seq. and its implementing regulations, 34 C.F.R. Part 106,
Prohibit discrimination on the basis of sex in education programs or
activities operated by recipients of Federal financial assistance.
Sexual harassment of students, which includes acts of sexual violence, is
a form of sex discrimination prohibited by Title IX.
Why Is Title IX So Important?
• Eighty-Six colleges and universities are
under federal investigation over concerns
about how they handled sexual assault cases
on campus (Washington Post, 11/10/2014).
• The U.S. Department of Education's Office
for Civil Rights began disclosing all colleges
under review for their handling of sexual
assault cases following a White House task
force on campus rape. The Department of
Education faced pressure from activists and
members of Congress for greater
transparency from colleges and universities.
Definitions
Sexual Harassment:
Sexual harassment is a form of gender discrimination and therefore
prohibited under Title IX. “Sexual harassment is conduct that is:
■ Sexual in nature,
■ Unwelcomed, and
■ Denies or limits a student’s ability to participate in or benefit from a
school’s education program.”
The following are examples of types of conduct that may constitute sexual
harassment:
•
•
•
•
•
Inappropriate touching, patting, or pinching
Physical assault or coerced sexual activity
Obscene phone calls, texts, email, or gestures
Badgering someone for a date
Repeatedly making inappropriate sexual comments or unwanted sexual
advances
Definitions
There are two types of sexual harassment:
Quid Pro Quo – Latin meaning “This for that”. Meaning, if
“you do something for me, I’ll do something for you”. An
example of quid pro quo is “when a teacher threatens to fail a
student unless the student agrees to date the teacher”.
Hostile Work Environment – “Hostile environment
harassment occurs when unwelcome conduct of a sexual nature
is so severe, persistent, or pervasive that it affects a student's
ability to participate in or benefit from an education program or
activity, or creates an intimidating, threatening or abusive
educational environment. A hostile environment can be created
by a school employee, another student, or someone visiting the
school, such as a student or employee from another school.”
When is Sexual Assault “Sexual Harassment”?
According to the OCR’s Dear Colleague Letter
from 4/4/11:
“When a student sexually harasses another student, the
harassing conduct creates a hostile environment if the
conduct is sufficiently serious that it interferes with or limits a
student’s ability to participate in or benefit from the school’s
program. The more severe the conduct, the less need there
is to show a repetitive series of incidents to prove a hostile
environment, particularly if the harassment is physical.
Indeed, a single or isolated incident of sexual harassment
may create a hostile environment if the incident is sufficiently
severe. For instance, a single instance of rape is sufficiently
severe to create a hostile environment”.
Offender List Highlights
Oklahoma State University -- 4/10/2014
Carnegie Mellon University -- 1/13/2014
Pennsylvania State University -- 1/23/2014
Swarthmore College -- 7/12/2013
Temple University -- 8/9/2013
Vanderbilt University -- 3/12/2014
Southern Methodist University – 3 Cases since 2011
Cisco Junior College -- 5/7/2014
University of Texas-Pan American -- 4/21/2014
University of Virginia -- 6/30/2011
University of California-Berkeley -- 3/25/2014
University of Southern California -- 6/26/2013
University of Colorado at Boulder -- 6/18/2013
Florida State University -- 4/3/2014
Emory University -- 12/13/2013
University of North Carolina-Chapel Hill -- 3/1/2013
Harvard College -- 4/24/2014
An Increasing Problem
• In fiscal year 2013, the U.S. Department of Education's
Office for Civil Rights (OCR) received 30 complaints
against colleges and universities alleging failures in the
way the schools handled cases of sexual violence. That
was nearly double the previous year's tally of 17.
• Since May of last year, the number of federal
investigations into how colleges handle sexual
violence reports has jumped 50 percent (Washington
Post, 10/19/2014)
• In extreme cases, the agency can cut off a school from
all federal funding, including Pell grants and student
loans. This has never happened.
A Whole New Ballgame
Revised Sexual Harassment Guidance,
Department of Education/OCR (2001)
“An educational institution must take action to respond
to sexual harassment that is so severe and pervasive
that it deprives or limits the victim’s enjoyment of
educational rights, privileges, advantages, or
opportunities.”
The Education Department calls for schools to use a
“preponderance of evidence” standard in adjudicating
cases, meaning that an incident is more likely than not
to have happened. The policy “means whenever a
victim’s word is slightly more credible than an offender’s
denial, the school must take some action”.
Institutional Liability Under Title IX
 Individual Cause of Action for $ Damages
“actual knowledge” + “deliberate indifference”
The U.S. Supreme Court has held that Title IX can:
• Impose damage liability on school authorities when a school
official with authority to take corrective measures has actual
knowledge of the harassment and fails to take appropriate
action.
• Include peer-on-peer harassment when said harassment was so
severe, persuasive, and objectively offensive that it could be
said to deprive the victim of access to the educational
opportunities or benefits provided by the school.
Institutional Do’s and Don’t
 Is all physical contact sexual in
nature?
No.
• Legitimate nonsexual touching or conduct generally will
not be considered sexual harassment. However, it may
rise to that level if it takes on sexual connotations.
• Example: A college soccer coach hugs a student who
makes a goal. This by itself is not considered sexual
conduct. However, a coach’s hugging of a student could
be considered sexual conduct if it is unwelcome and
occurs under inappropriate circumstances.
Institutional Do’s and Don’t
•
A hostile environment can occur even if the harassment is not
targeted specifically at the individual complainant.
•
If a student, group of students, or a teacher regularly directs sexual
comments toward a particular student, a hostile environment may
be created not only for the targeted student, but also for others who
witness the conduct.
•
Similarly, because students date one another, a request for a date
or a gift of flowers, even if unwelcome, would not create a hostile
environment.
•
However, there may be circumstances in which repeated,
unwelcome requests for dates or similar conduct could create
a hostile environment. For example, a person, who has been
refused previously, may request dates in an intimidating or
threatening manner.
What Do We Do?
 Schools must respond to sexual violence that occurs:
• In the context of a school’s education programs and
activities:
This includes academic, educational, extracurricular, athletic, and any other
school programs, whether those programs take place in a school’s facilities,
on a school bus, at a class or training program sponsored by the school at
another location, or elsewhere. Additional examples include school
sponsored field trips, school recognized fraternity or sorority houses, and
Athletic team travel; and events for school clubs that occur off campus.
• Off-campus:
Even if the sexual violence did not occur in the context of an educational
program or activity, a school must process such complaints and consider the
effects of the sexual violence when evaluating whether there is a hostile
environment on campus or in an off-campus education program or activity.
Who Does What?
 Who must report details of an incident of sexual
violence, including personally identifiable
information?
• Responsible Employees
A responsible employee is any employee who has the
authority to take action to redress sexual violence, who has
been given the duty to report to appropriate school officials
about incidents of sexual violence or any other misconduct by
students, or who a student could reasonably believe has this
authority or responsibility. Schools must make clear to all of
its employees and students which staff members are
responsible employees.
What Do We Report?
 What must a school tell the complainant about the
outcome of a sexual violence complaint and how
does FERPA apply?
 Notice of the Outcome
•
Title IX requires a school to tell the complainant whether or not it found that the
sexual violence occurred, any individual remedies offered or provided to the
complainant or any sanctions imposed on the perpetrator that directly relate to
the complainant, and other steps the school has taken to eliminate the hostile
environment, and prevent recurrence.
•
Sanctions that directly relate to the complainant include, but are not limited to,
requiring that the perpetrator stay away from the complainant until both parties
graduate, prohibiting the perpetrator from attending school for a period of time or
transferring the perpetrator to another residence hall, other classes, or another
school.
FERPA vs. Title IX?
• The Department of Education interprets FERPA as not
conflicting with the Title IX requirement that the school notify
the complainant of the outcome of its investigation, i.e.,
whether or not the sexual violence was found to have occurred,
because this information directly relates to the victim. FERPA also
permits the school to notify a complainant of sanctions imposed
upon a student who was found to have engaged in sexual
violence when the sanction directly relates to the complainant.
• If there is a direct conflict between the requirements of FERPA
and the requirements of Title IX, such that enforcement of FERPA
would interfere with the primary purpose of Title IX to eliminate
sex-based discrimination in schools, the requirements of Title
IX override any conflicting FERPA provisions.
The North Lake Model
• New to college students informed during
mandatory orientation
•
Orientation occurs roughly 4 times per
semester, at various days and times.
•
Sessions last 4.5 hours.
• Students can register for Orientation online
by going to:
http://bit.ly/103nick
NLC Title IX Education: Students
NLC Title IX Education: Students
NLC Complaints Under Title IX: Students
If you are a student who believes you have been or are the victim of
sexual harassment, including sexual assault, sexual violence or
other sexual misconduct, by another college student, you may report
such conduct or file a complaint under Title IX with the Title IX
Coordinator.
Student Investigation Process:
1. Complainant files a report.
2. Review of the complaint is made by the Title IX Coordinator.
3. Investigation is initiated and if warranted, a Notice of Investigation will be delivered to
both parties.
4. All involved parties are interviewed.
5. Findings of the investigation are then presented to the Vice President of Student
Services to determine a preponderance of evidence and recommend a sanction if
deemed necessary.
6. Sanction will be imposed if deemed appropriate by the Vice President of Student
Services.
7. Notice of Outcome will be provided to both parties.
8. Review process will be provided to both parties.
NLC Complaints Under Title IX: Students
NLC Complaints Under Title IX: Students
Respondent (Individual Complaint is Against)
Name: ________________________________________________________
Student: _____ Employee: _____ Both: _____
Department: ________________________________________________________
Work Phone: _________ Home Phone: _________ Cell Phone: _____________
Were you discriminated against with regard to your rights in:
Employment: _______ Education: _____ Retaliation: _______
Were you discriminated against because of your:
Race: _______ Color: _______ National Origin: _______
Religion: _______ Age: _______ Sex (Gender) _______
Disability: _____Veterans Status: _____Sexual Orientation: ______
NLC Complaints Under Title IX: Investigations
 Educational Deans have been designated as
Campus Security Authorities (CSA’s) for the purpose
of reporting Title IX incidents
 Aside from the Coordinator, there are three other
investigators comprised of representatives from
Student Services, Instructional Services, and
Business/Financial Aid
 NLC’s policy of handling student complaints
coincides with guidelines set forth under Title IX
Grievance Procedures
When a student alleges sexual harassment or assault, an
institutional representative will promptly meet with the student to
explain:
• The investigation process, including the importance of treating both
parties equitably
• The school’s formal and informal resolution procedures, making clear
that students are not required to work out issues directly with each other
and that mediation is not used in sexual assault cases
• Counseling services available either on or off campus
• Possible academic accommodations
• That the school prohibits and will protect complainants from retaliation
Grievance Procedures
North Lake College’s Gender Discrimination Statement
and Sexual Harassment policy can be found at:
http://www.northlakecollege.edu/about-us/policies-and-legalnotices/Pages/default.aspx
NLC has outlined the process for Title IX inquiries and
complaints. The informational link is located at:
http://www.northlakecollege.edu/about-us/policies-and-legalnotices/Documents/TitleIXComplaintForm.pdf
Title IX: How It Affects You AND Your Students
Questions?