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Title IX Survival Skills for New Supervisors 2015 Presenter: Ken Lehrman III, Ph.D. J.D. Vice Provost for Affirmative Action Title IX.

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Presentation on theme: "Title IX Survival Skills for New Supervisors 2015 Presenter: Ken Lehrman III, Ph.D. J.D. Vice Provost for Affirmative Action Title IX."— Presentation transcript:

1 Title IX Survival Skills for New Supervisors 2015 Presenter: Ken Lehrman III, Ph.D. J.D. Vice Provost for Affirmative Action kfl2@psu.edu Title IX

2 “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.” 20 U.S.C. 1681 Title IX

3 Title IX does not apply to sports only By accepting federal funds, institutions agree not to discriminate on the basis of sex or allow the separation of the sexes in curriculum and extracurricular activities (unless permitted by statute) Failure to comply can result in financial liability to the institution What is Title IX?

4 Title IX Private litigation: Gebser v. Lago Vista Ind. School Dist., 524 U.S. 274 (1998) – a private individual can recover monetary damages from a school where a school official having authority to institute corrective measures on behalf of the school and has actual notice and is deliberately indifferent The discrimination must be so severe or pervasive and objectively offensive that it could be said to deprive access to the educational opportunities and benefits offered by the school More Potential Liability

5 Title IX Davis v. Monroe County Bd. Of Education, 526 U.S. 629 (1999) – extended Gebser to include liability for peer to peer harassment if plaintiff can prove: 1.School had substantial control over both the harasser and the context in which the harassment occurred, 2.Sufficiently severe or pervasive, 3.Actual knowledge, 4.Deliberate indifference Gebser extended

6 Title IX University of Colorado at Boulder (2007): $2.85 million to two former female students sexually assaulted by football players at off-campus party Arizona State University (2009): $800,000 to former female student raped in her dorm room Cases under Davis

7 Title IX Sexual harassment Sexual misconduct nonconsensual sexual contact (or attempt to commit) nonconsensual sexual intercourse (or attempt to commit) sexual exploitation stalking voyeurism bullying (including cyber bullying) relationship violence (U.Va. Case) Forms of Sex Discrimination

8 Title IX Informed (knowing) Voluntary (freely giving) Active (not passive) Clear words or actions indicating permission to engage in mutually agreed upon sexual activity “Consent”

9 Title IX Whether conduct is sufficiently severe or pervasive is determined by whether a “reasonable person” would find the behaviors alter the conditions of academic or work life Reasonableness is evaluated by a standard that is the same as the person in the victim’s circumstances (e.g., what a reasonable woman might think is a hostile environment is not necessarily the same as what a reasonable man might think) “Unreasonably Interferes”

10 Title IX Occurs when an adverse action is taken against a person because of the person’s participation in a complaint or investigation of discrimination or sexual misconduct (e.g., making a student switch dorms because s/he participated in a sexual harassment investigation involving another student) Retaliatory Harassment

11 Title IX Employee who: o has authority to take action to redress o has duty to report to appropriate officials o a student could reasonably believe has authority or responsibility Possible examples: student affairs, campus law enforcement, General Counsel, human resources, faculty? SHRP? “Responsible Employee”

12 Title IX Someone files grievance with the University or OCR Student complains to a “responsible employee” A parent or another student contacts other “responsible employees” Someone witnesses the conduct Indirect manner (member of local community, member of the media) Ways to Receive Notice

13 Title IX Should have reasonably known Pervasive, well-known, openly visible “Responsible employee” fails to report Student’s reasonable belief of “apparent authority” (even though employee was not a mandatory reporter) Constructive Notice

14 Title IX Harassment and other forms of proscribed behaviors by other students or third parties: If a student or a third party engages in proscribed behavior and the conduct is sufficiently serious to limit or deny the student’s ability to participate in or benefit from an educational program, the school must take action to eliminate the behaviors and prevent its recurrence upon notice. If upon notice the school does not take prompt, effective action, the school’s own inaction will subject the student to a hostile environment. Responsibilities Under Title IX

15 Title IX Depending on the specific nature of the discrimination, remedies for the complainant might include, but are not limited to: Providing an escort to ensure that the complainant can move safely between classes and activities Ensure that the complainant and the alleged perpetrator do not attend the same classes Moving the alleged perpetrator (or complainant) to another residence hall Providing counseling services Providing medical services Providing academic support services, such as tutoring Arranging for the complainant to re-take a course or withdraw from a class without penalty Reviewing any disciplinary actions taken against the complainant to determine if there is a causal connection between the proscribed behavior and the misconduct Remedial Action

16 Title IX Reinforced a recipient’s duties to: prompt, thorough, and impartial investigation (“type” of investigation will depend on the nature of the allegations) contact law enforcement authorities eliminate all forms of sexual misconduct prevent its recurrence address its effects NOTICE to PARTIES of OUTCOME April 2011 “Dear Colleague” Letter


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