2 EmploymentTitle IX covers employment and how it impacts students ability to receive comparable treatment. Are men’s and women’s teams provided coaches of equivalent talent?OCR will review:AvailabilityAssignmentCompensation
3 CompensationCompensation complaints are generally fall under Title VII and or the Equal Pay ACT.2 agencies that hand compensation reviews and complaints are:EEOC or state equivalentOFCCP (Office of Federal contract Compliance Programs)
4 Area of Potential Concerns or Coordinators Hiring Practices and ProcessesAdvertisingTimelinesHiring Procedures.Position DescriptionsContracts initial and renewalsCompensation justification
5 Cost of retaliation complaints include: Damage to reputationMonetary costsEmotional cost
6 2 Title IX Supreme Court Cases (There are many more)Franklin v. Gwinnett County Public Schools – in addition to injunctive relief and damages provided for reimbursement for fees and expensesJackson v. Birmingham Board – established right of private action for retaliation under Title IX for advocates as well as students.
7 Recent Retaliation Cases Fresno StateUniversity of California BerkeleySan Diego State UniversityFlorida Gulf Coast universityBall State UniversityCal State FullertonCentral Connecticut State UniversityTexas Southern University
8 Title IX Coordinator and Athletics Title IX Q and AQuestions and Answers Regarding Title IX Procedural RequirementsThe Title IX Coordinator and Athletics Compliance
9 AVOIDING CLAIMS Know Title IX Be incompliance with Title IX – conduct regular self-evaluationsshare budget and EADA informationHave appropriate and updated Polices and Procedures ManualEducate your staff and Athletics Department personnelBe sure the Student-Athlete Handbook includes information on Title IX and related university polices
10 Four Elements of Retaliation Employee engaged in a protected activityEmployer had knowledge of the employees protected activityEmployee suffered an adverse actionThere was a casual link between the protected activity and the adverse action
11 Protected Activities Whistleblower Complains about discrimination, inequities, harassment, etc.Assisting another individual in reporting violationsParticipates in an investigationFiles formal complaintOther complaints
13 Red FlagsBias and inconsistency in treatment and/or enforcement of policiesNot taking complaints seriously, delaying or failing to report and/or respond to complaints in a timely mannerSudden negative evaluationsFlurry of hostile or mean spirited exchangesInconsistent statements or changing storiesSloppy or over documentation
14 Steps to Minimize Lawsuits Do be fair and impartial, avoid bias Do ask questions and listen Do be respectful Do be consistent Do be through and timely Do verify Don’t make assumptions Do document both good and bad Do track trends
15 My Keys to Success Information is power, get it and share it CommunicationCommon SenseConsistency
Your consent to our cookies if you continue to use this website.