Title IX Statutes, Regulations, Procedures and Policies 2018-2019 J. Cruz & Associates, LLC

What is Title IX? Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. Title IX applies to all public schools because they receive some federal financial assistance and operate education programs. The Act also prohibits retaliation for filing a Title IX complaint with the Office of Civil Rights.

Why These Topics are Important Bullying and sexual harassment at schools is prevalent nationwide. All District employees must be familiar with policies and procedures related to bullying and sexual harassment. Requirements include investigating and reporting. Failure to recognize bullying or harassment may lead to liability for the District and employees themselves.

The Statute “[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.”

Deliberate Indifference The U.S. Supreme Court laid out the standard in Gebser v. Lago Vista ISD. Teacher on student sexual harassment case. Holding: students need to prove that someone with authority to correct the problem had: Actual knowledge of the discriminatory behavior; and Acted in a way that was deliberately indifferent to the teacher’s misconduct. The standard is not strict liability; sexual harassment can be prevented. However, Deliberate Indifference not OCR’s standard.

Board Policy FFH (LEGAL) “Sexual harassment of students is conduct that is so severe, pervasive, and objectively offensive that it can be said to deprive the victim of access to the educational opportunities or benefits provided by the school. Sexual harassment does not include simple acts of teasing and name-calling among school children, however, even when the comments target differences in gender.” Note that the OCR will consider both subjective and objective offensive conduct.

Board Policy FFH (LOCAL) Discrimination: conduct directed at a student on the basis of race, color, religion, gender, national origin, sexual orientation, gender identity and expression, disability, or on any other basis prohibited by law, that adversely affects the student. Prohibited harassment: physical, verbal, or nonverbal conduct based on the student's race, color, religion, gender, national origin, sexual orientation, gender identity and expression, disability, or any other basis prohibited by law that is so severe, persistent, or pervasive that the conduct: (1) affects a student's ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile or offensive educational environment; (2) has the purpose or effect of substantially or unreasonably interfering with the student's academic performance; or (3) otherwise adversely affects the student's educational opportunities.

Board Policy FFH (LOCAL) Retaliation: Examples of retaliation may include threats, rumor spreading, ostracism, assault, destruction of property, unjustified punishments, or unwarranted grade reductions. Unlawful retaliation does not include petty slights or annoyances.

What is a “responsible” employee under OCR guidelines? Those with a duty to report incidents of sexual violence, harassment, or any misconduct of students to the Title IX Coordinator or other school employee. Or, if a student “reasonably believes” the employee has the authority to report the incidents, the employee must report. Elementary students might reasonably think custodians or cafeteria staff are the right people to report to. This means EVERY EMPLOYEE.

What “Responsible Employees” Must Know Their reporting obligations Who to report to Must inform complainant that they are obligated to report allegations of sexual violence and harassment Note the names of the alleged perpetrators The name of the student complainant The relevant facts, including date, time, and location of alleged assault Names of any known witnesses

All Students Are Protected From elementary to high school: males, females, straight, gay, lesbian, transgender, bisexual, full-time, part-time, and disabled students are ALL covered under Title IX, per the Office of Civil Rights (OCR). This is true regardless of race or ethnicity. Furthermore, this also extends to claims of discrimination based on gender identity or expression, and failure to conform (or not conform) to stereotypical notions of masculinity and femininity. Undocumented students are also protected.

Violation of Title IX A school violates Title IX when alleged misconduct is: Sufficiently serious to limit or deny a student’s ability to participate in or benefit from the school’s educational program; and After notice, school fails to take prompt, effective steps reasonably calculated to: End the sexual violence/harassment, Eliminate the hostile environment, Prevent its recurrence, and When required, remedy the effect on the victim and other students.

Adequate, Prompt, Reliable, and Impartial Investigations

Goals of the Investigation Determine what occurred and how it occurred Determine whether the conduct was undesirable Identify the person(s) responsible for the undesirable conduct Support the disciplining of the student where appropriate Solve the problem quickly and fairly

Remedies for Misconduct Remedies include, but are not limited to: Taking disciplinary action against the perpetrator; Providing escort for victim to ensure safe movement between classes and activities; Moving perpetrator to another school within the District (if possible); Accommodating the victim if he or she requests a move; Providing victim services at no cost (tutoring, for example); and Arranging for victim to retake a class or withdraw from class without academic penalty. Discipline of perpetrator, without more, likely not sufficient to eliminate hostile environment, prevent its recurrence, and remedy its effects.

Confidentiality Before a student reveals information they may want to keep confidential, the employee must inform the student: The employee has a mandatory obligation to report names of alleged perpetrator(s) and victim(s) of sexual violence, along with all relevant facts, to the Title IX Coordinator. The student has a right to request confidentiality that will be considered by the Title IX Coordinator. The Coordinator should make efforts to respect this request and evaluate it in the context of district’s responsibilities to provide safe and nondiscriminatory environment for all. The student has the ability to share the information with counselors, and access to other related services. Confidentiality cannot be promised or guaranteed.

Certificate of Accomplishment Title IX Trained This certificate is awarded to You! in recognition for successfully completing UISD’s Title IX Training. 2018-2019 School Year