Civil Rights Title IX Part 2 Athletics Sexual Harassment, including sexual violence Confidentiality Interim Measures Outcome

Title IX Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. Federally funded schools must ensure that students of all ages are not denied or limited in their ability to participate in or benefit from the school’s educational programs or activities on the basis of sex.

Athletics: the initial focus of Title IX…… A recipient which operates or sponsors interscholastic, intercollegiate, club or intramural athletics shall provide equal athletic opportunity for members of both sexes. The district must consider: (1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both sexes; (2) The provision of equipment and supplies; (3) Scheduling of games and practice time; (4) Travel and per diem allowance; (5) Opportunity to receive coaching and academic tutoring; (6) Assignment and compensation of coaches and tutors; (7) Provision of locker rooms, practice and competitive facilities; (8) Provision of medical and training facilities and services; (9) Provision of housing and dining facilities and services; (10) Publicity.

Sexual Discrimination A school violates a student’s rights to be free of gender based discrimination in all aspects of school life when the following conditions are met: 1) the alleged conduct is sufficiently serious to limit or deny a student’s ability to participate or benefit from the school’s education program; i.e., creates a hostile environment; 2) the school upon notice, fails to take prompt and effective steps reasonably calculated to end the discrimination, eliminate a hostile environment, prevent recurrence, and , as appropriate, remedy its effects.

Notice Continued The Office of Civil rights (OCR) deems a school to have notice of sexual discrimination if a responsible employee knew, or in the exercise of reasonable care should have known, about the discrimination.

Notice The school can receive notice in many different ways. A student, parent, friend or other individual may have reported an incident to a teacher, principal, office staff, or other responsible employee School may also receive information in an indirect manner, from the local community, social networking sites, or the media. Even tips from anonymous sources should be investigated to the extent possible.

Appropriate Steps When a school knows or reasonably should know of possible gender based discrimination, it must take immediate and appropriate steps to investigate or otherwise determine what occurred. If an investigation reveals that gender based discrimination created a hostile environment, the school must take prompt and effective steps reasonable calculated to end the sexual discrimination, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effect. But a school should not wait to take steps to protect its students until students have already been deprived of educational opportunities.

Sexual Harassment Sexual harassment is one form of discrimination under Title IX. Individuals of both genders can be victims of sexual harassment, and victims and perpetrators can be both students or staff members. Sexual harassment includes verbal conduct such as name calling, sending unwelcome messages , whether verbal or written, threats, or humiliation, unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature including but not limited to sexual activity.

Examples of Sexual Conduct from U. S Examples of Sexual Conduct from U.S. Department of Education Office for Civil Rights, Sexual Harassment: It’s Not Academic, Washington, D.C., 2008 Making sexual propositions or pressuring students for sexual favors; Touching of a sexual nature; Writing graffiti of sexual nature – including sexual violence or rape; Displaying or distributing sexually explicit drawing, pictures, or writing materials; Performing sexual gestures or touching oneself sexually in front of others; Telling sexual or dirty jokes; Spreading sexual rumors or rating other students as to sexual activity or performance; or Circulating or showing e-mails or Web sites of a sexual nature

sexual harassment facts…. Generally occurs when there is a disparity of power – or perceived disparity of power. Must be OFFENSIVE and SEXUAL Does not have to be intentional. What is offensive is in the “eye of the beholder.” “Reasonable Person Interpretation.” Harassment does not have to be directed at a particular individual if it creates a hostile environment.

Discriminatory Harassment Includes: Conduct that is: Severe, pervasive or persistent Creates a hostile environment at school - sufficiently serious that it interferes with a student’s ability to participate or benefit from the opportunities offered by a school Based on religion, race, color, national or ethnic origin, gender or sexual orientation, gender identity

Form of Harassing Conduct Harassing conduct may take many forms Verbal acts and name-calling Graphic and written statements Physically threatening conduct Harmful or humiliating conduct The more severe the conduct, the less there is a need to show a repetitive series of incidents to prove a hostile environment, especially if the conduct is physical. **One single or isolated incident (if severe) may create a hostile environment.

Bullying v. Harassment State Law Prohibiting Bullying – MGL c. 71 Section 37O Civil Rights Laws prohibit Harassment Harassment—prohibited conduct directed at protected class. Bullying—prohibited conduct, but not toward protected class, although “vulnerable” students protected from being targets.

Sexual Violence Sexual violence is a form of sexual harassment. Recent federal initiatives have highlighted the problem of sexual violence in public schools. Sexual violence includes subjecting an individual to physical sexual acts where the person is incapable of consent. Sexual violence is a crime, and public schools as well as post secondary schools are required to document, investigate and respond appropriately to allegations of sexual violence as well as report such incidents to the police.

Confidentiality A school should take requests for confidentiality seriously. However, requests for confidentiality by reporters or witnesses cannot outweigh the obligation of a school to vigorously investigate any allegation of sexual discrimination, harassment or violence. The school’s primary responsibility is to provide a safe and nondiscriminatory environment for all students.

Interim Measures Title IX requires a school to take steps to ensure equal access to its education programs and activities and protect the complainant as necessary, including taking interim measures deemed necessary to protect alleged student victims and potential witnesses before the final outcome of an investigation.

Outcome A school must inform the complainant as to whether or not it found that the alleged conduct occurred, any individual remedies offered or provided to the complainant or any sanctions imposed on the perpetrator that directly relate to the complaint 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 if the school finds one to exist, and prevent recurrence. The perpetrator must be notified of any sanctions, restrictions or consequences which are imposed on him or her. The perpetrator should not be notified of the individual remedies offered or provided to the complainant.

Questions or Complaints Please contact your principal or Dr. Ann Caretti, , 508-255-8800 ext. 200, regarding questions and/or complaints.

References New Guidance from U.S. Department of Education Reminds Schools of Obligation to Designate Title IX Coordinator http://www.ed.gov/news/press-releases/new-guidance-us-department-education-reminds-schools-obligation-designate-title-ix-coordinator TITLE 34 EDUCATION, SUBTITLE B REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION CHAPTER I OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION PART 106 NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html#S41 Sexual Violence: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf.