The Ever-Growing and New Frontier of Discrimination Claims TITLE IX The Ever-Growing and New Frontier of Discrimination Claims

Title IX – the law “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.” Title IX of the Education Amendments of 1972

Key Covered Areas (examples) Recruitment Admissions Financial Assistance Educational programs Housing Athletics Employment Discipline Sex-based harassment

Discrimination on the Basis of Sex Under Title IX: SEXUAL HARASSMENT = DISCRIMINATION BASED ON SEX SEXUAL VIOLENCE = DISCRIMINATION BASED ON SEX

Title IX - Enforcement U.S. Department of Education Office for Civil Rights Regulations (34 CFR Pt. 106) Guidance (Dear Colleague Letters, Q&A) Resolution Agreements

Who has rights under Title IX? Students (including exchange students, non-residential students and students studying abroad) Faculty members Employees

Who has Responsibilities under Title IX? The Institution Individuals who meet the definition of “Responsible Employees: “Any employee who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty.” OCR Dear Colleague Letter (2001)

The Responsibilities of the Institution Policies (consistent with Clery Act regulations and OCR guidance) Title IX Coordinator Training Requisite Process

Response to Complaints The Title IX Investigation must be: Adequate Reliable Impartial Equitable Prompt Both parties must have the opportunity to present witnesses and evidence.

Advisors When sexual assault is alleged, the Violence Against Women Act (VAWA) provides that the parties must be allowed to have advisors (of their choosing) accompany them to meetings and hearings. These advisors may be attorneys. The Institution may have a policy permitting the parties to have advisors during the process, or parts of it. OCR GUIDANCE: If one party is permitted to have an advisor, the other one must be allowed to have one. Advisors may be required not to speak or intervene in the process.

The Investigation – Standard of Proof PREPONDERANCE OF THE EVIDENCE Does the evidence support a finding that it is more likely than not that the alleged conduct occurred? If the alleged conduct did occur, did it violate one or more of the Institution’s policies?

Standard Practices Prompt (60 days) Adequate/reliable Investigative “due process” Trauma-informed approach