TITLE IX IN THE COMMUNITY COLLEGE SETTIG

presented by Laura Bennett, M.S. Mozelle Orton, M.S. Damone Richardson, M.S. Saundra K. Schuster, J.D.

Title IX © 2012 ATIXA all rights reserved 3 “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 educational program or activity receiving federal financial assistance.” Title IX of the Education Amendments of 1972 Implementing Regulations at: 20 U.S.C. § 1681 & 34 C.F.R. Part 106

Title IX  Title IX of the Education Amendments of 1972 is intended to end sex discrimination in all areas of education  Applies to non-discrimination based on sex/ gender to all recipients of federal funds, both public and private institutions, residential and community colleges  Applies not only to issues of program equity, such as in athletics, but also to sexual harassment and sexual assault  Guidelines for compliance are provided by U.S. Department of Education, Office of Civil Rights: www2.ed.gov/about/offices/list/ocr/docs/shguide.html © 2012 ATIXA all rights reserved 4

Essential Title IX Compliance Elements  Once a school has notice of sexual harassment/sexual misconduct of a student, the school should: 1. Take immediate and appropriate steps to investigate what occurred 2. Take prompt and effective action to: End the harassment Remedy the effects Prevent the recurrence  The school must appoint a Title IX Officer to oversee all the compliance elements © 2012 ATIXA all rights reserved 5

The IX Commandments ThoroughReliableImpartial PromptEffectiveEquitable End the Discrimination Prevent its Recurrence Remedy the effects upon the victim & community © 2012 ATIXA all rights reserved 6 Investigation Process Remedies

Responsibilities of the Title IX Coordinator – “Quick List” – Part 1  Contact for government inquiries  Point person for campus complaints  Creator and implementer of appropriate policy  Assurance of 1st Amendment protections  Prevention and remediation of sex/gender discrimination  Prevention and remediation of sexual harassment  Prevention and remediation of sexual assault © 2011 ATIXA all rights reserved 7

Responsibilities of the Title IX Coordinator – “Quick List”  Prevention and remediation of stalking  Prevention and remediation of intimate partner and relationship violence  Prevention and remediation of bullying and cyberbullying  Oversight and coordination of prompt and equitable grievance procedures © 2011 ATIXA all rights reserved 8

Responsibilities of the Title IX Coordinator – “Quick List”  Supervisor of the interaction of Title IX and VII coordinator and inter-relation  Coordinator of the interaction of multiple student and employee grievance processes  Supervisor of investigations  Compliance auditor  Trainer or convener of broad training requirements for employees, boards, investigators and appeals officers © 2011 ATIXA all rights reserved 9

Responsibilities of the Title IX Coordinator – “Quick List”  Section 504 Disabilities Compliance Oversight  Oversight of athletics gender equity  Assurance of equitable remedies for discrimination  Prevention and remediation of retaliation  Prevention of recurrence and assurance of compliance with sanctions  Interaction with OCR investigations and compliance with resolution agreements… © 2011 ATIXA all rights reserved 10

Who is Your Title IX Coordinator?  How is their role identified?  To whom do they report?  Do they have staffing support?  Do they have a direct line to the President?  What is their educational background?  What are their other responsibilities (or Title)?  What types of training have they had regarding Title IX? © 2012 ATIXA all rights reserved 11

Unique Aspects of the Community College  Presence and role of legal counsel  Staffing  Size  Structure  Nature of the community  Students  Faculty  Administrative & Support Staff  Athletic Programs in the Community College © 2012 ATIXA all rights reserved 12

Challenges  On-line courses  More opportunities for on-line harassment  Primarily adjunct faculty  Reporting is a critical issue  Generally student affairs staffing is more limited  Study abroad participation as part of a consortium of schools © 2012 ATIXA all rights reserved 13

Challenges Posed by Student Body  Nature of student body  More transient  Both traditionally aged as well as large population of non-traditional  Technology, training and workforce development focused  Types of Title IX based offenses  Often off-site  Often result of intimate partner violence © 2012 ATIXA all rights reserved 14

Community Attitudes and Training  Generally viewed Title IX as a “placeholder” for reporting  Many schools assumed lack of intercollegiate athletics precluded them from Title IX compliance  Nature of faculty and students create challenges for training  Lack of formal institutional orientation creates challenges © 2012 ATIXA all rights reserved 15

Executive Involvement  CEO understanding of role of Title IX in the CC setting  Support essential  Micromanagement issues © 2012 ATIXA all rights reserved 16

Challenges from Community  Upward Bound  High school enrollment in classes  Access for broader community to campus resources  Role of local law enforcement with campus law enforcement or security  Clinical placements, internships, mentoring opportunities off campus creates challenges © 2012 ATIXA all rights reserved 17

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