1. WHAT EVERY SCHOOL EMPLOYEE NEEDS TO KNOW ABOUT TITLE IX
SEXUAL VIOLENCE AND SEXUAL HARASSMENT

2. What is Title IX?
Title IX is a federal law that prohibits discrimination on the basis of sex in all schools that accept federal funds.

3. Why is understanding your obligations under Title IX so important?
Violation of the rules surrounding Title IX can result in stiff penalties:
Loss of federal funding or money damages awarded against a school district
Discipline up to and including discharge for individual employees who fail to comply with their obligations under the law.

4. Two key terms under Title IX
Sexual Harassment – unwelcome conduct of a sexual nature; and
Sexual Violence – physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent
As you go through the definitions, you should provide examples of both sexual harassment and sexual violence.
Sexual harassment could include physical contact such as caresses or pokes but it can also be just words. Examples might include calling a girl a “Ho” or
Sexual violence always includes touching but it does not need to rise to the level of a sexual assault. Even a caress, in addition to being harassment, could fall within the definition of sexual violence
Also, point on that sexual violence can occur where the victim in incapable of giving consent where, for example, they are mentally disabled.

5. “Sexual Conduct” not limited to traditional male/female interactions
May include:
Conduct based on actual or perceived sexual preference, gender identity, or failure to conform to sexual stereo-types
You might take some of the examples you used to address sexual harassment in the male/female arena above and change the facts to make it apply to a gender identity or sexual stereotype scenario.

6. Take every report seriously
What are your obligations under Title IX if a student reports to you being a victim of sexual harassment and sexual violence?
Take every report seriously
Notify any student who complains about what information will be disclosed and by whom.
Explain the student’s confidentiality rights
Report immediately to your building principal or the District’s Title IX Coordinator
Spend some time on #1. Staff should not decide whether the complaint is meritorious. It should be reported and the Title IX Coordinator will decide

7. Confidentiality under Title IX
A balancing of the interests of the student in keeping matters confidential with the obligation of the school to investigate and address sexual harassment and sexual violence.
You should explain that once the school has notice of potential harassment/violence, it may have the obligation to investigate and remediate the situation. This obligation is not erased just because a complainant does not want to pursue a formal complaint. Rather, the school’s ability to investigate may be impeded if the alleged victim chooses not to be involved

8. Confidentiality – Your obligations
You are obligated to report all complaints of sexual harassment and sexual violence so NEVER promise to keep a report strictly confidential
Explain who you will be reporting to (principal or Title IX Coordinator)
Explain that the person you will be reporting to and the school in general has an obligation to protect the complainant’s privacy and that they will be given options with regard to confidentiality
Keep the matter strictly confidential other than (2) above

9. What you must report
A report of sexual harassment or sexual violence should include the following information :
Name of complainant
Name of alleged perpetrator
Brief description of what occurred
Whether complainant has requested confidentiality
If you don’t have all of this information, provide what you do have. A lack of full information is never an excuse not to report.

10. What are your obligations if you witness sexual harassment or sexual
Make sure that a staff member intervenes to stop the conduct.
Report what you have seen to the building principal or Title IX Coordinator

11. What are the consequences to YOU if you do not comply with your obligations?
Failure to comply with your obligations under Title IX constitutes misconduct under state and federal law as well as Board policy and will result in discipline, up to and including discharge.

12. Summary
All complaints of sexual harassment and sexual violence must be taken seriously and addressed immediately.
If you have any questions about what your obligations are, contact your building principal or the Title IX Coordinator

13. Title IX Coordinator
Hugh Porter Northern Penobscot Region III (207)