Title IX and Sexual Harassment “No Person in the U.S. shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination, under any educational program or activity receiving federal financial assistance.”

Title IX and sexual harassment Title IX protects students from sexual harassment in a school’s education program and activities, including academic, extracurricular, athletic, and other programs of the school, whether they take place inside the school’s facility, on a school bus, on school sponsored field trips, or any activity that the school sponsors or has jurisdiction over. Schools have an obligation to respond to sexual harassment complaints if it occurs outside the jurisdiction of a school’s responsibility when there is a proven nexus to the school that substantially disrupts the learning environment. Title IX applies when the sexual harassment creates a hostile environment so as to interfere with or limits a student’s ability to participate in, or benefit from, the services, activities, or opportunities afforded by a school.

Title ix current trend 25% of females, and 10% of males in grades 8 through 11 experienced some form of sexual harassment at school. Of those, only 7% reported the incident to a teacher or counselor. Only 23% reported the incident to a parent. The most common complaint from parents and students when in an incident is reported is lack of appropriate response by school officials. Sexual Harassment is Sex Discrimination when it is severe, pervasive, or persistent. Bullying in the form of sexual harassment/sex discrimination is governed by Title IX, more so than by the district’s Anti-bullying policies.

Institutional “Notice” Actual Notice- Legal Liability (Courts) Constructive Notice- Administrative Liability (OCR) The goal is to move away from a “Complaint” driven process to a “Notice” driven process

Actual notice Individual files a Title IX grievance Individual notifies Title IX Coordinator or other “responsible” employee Staff member witnesses sexual harassment/discrimination Indirect notices (flyers, social media, photos, videos) Courts impose liability when a school official, with authority to take corrective action, fails to respond or is deliberately indifferent.

Constructive notice Constructive Notice is a much broader standard than Actual Notice Example- A student reports pervasive sexual harassment to a school employee OCR holds institutions accountable if any person perceived to be a responsible employee was put on notice and took no corrective action

Corrective Action 1. Investigate 2. Stop Harassment 3. Remediate 4. Prevent Recurrence

Title IX Investigative process Prompt Response/Immediate Investigation Follow Due Process Procedures Be Thorough- get the facts, “good faith” Be Clear on what policies were violated Be Reliable/Consistent- protocol for investigations, documentation Be Impartial- no vested interest The goal is to do a good investigation and make a determination, not to “prove a case.”

Remediation Counseling Class Changes Academic Remedies Training Discipline Follow Up Monitor

Best Practices Clear sexual misconduct policy Communicate policy to all staff, parents, and students Strictly enforce policy consistently Specify grievance procedures Adequate, timely, and impartial investigations Confidentiality and anti-retaliation provisions