“A Roadmap for South Dakota’s School Districts in Title IX Disputes” SASD Webinar December 21, 2017

TITLE IX IN SOUTH DAKOTA 1. What is Title IX? 2. What is Discrimination Based on Sex?

TITLE IX IN SOUTH DAKOTA 3. Does Title IX Apply to Student-on-Student Sexual Violence? 4. When Does a School Have “Notice” of Student-on-Student Violence?

TITLE IX IN SOUTH DAKOTA 5. What Are a School’s Responsibilities Upon Receiving Notice? 6. What Title IX Procedures Does a School Need to Have in Place?

TITLE IX IN SOUTH DAKOTA 7. What Steps May a School’s Title IX Investigation Include? 8. Can’t We Just Let Law Enforcement Handle These Issues?

TITLE IX IN SOUTH DAKOTA What is Title IX?

TITLE IX IN SOUTH DAKOTA ■ Federal Civil Rights Law ■ Prohibits Discrimination on Basis of Sex ■ Federally Funded Education Programs

TITLE IX IN SOUTH DAKOTA What is Discrimination Based on Sex?

TITLE IX IN SOUTH DAKOTA ■ Sexual Harassment or Sexual Violence ■ “Sexual Violence” ■ Physical Sexual Act Perpetrated Against Another’s Will or Incapable of Consent

TITLE IX IN SOUTH DAKOTA ■ Rape ■ Sexual Assault, Battery, Abuse ■ Sexual Coercion

TITLE IX IN SOUTH DAKOTA Does Title IX Apply to Student-on-Student Sexual Violence?

TITLE IX IN SOUTH DAKOTA ■ Yes ■ Schools Must Ensure Students Are Not Denied or Limited to Participate or Benefit From School Activities Based on Sex

TITLE IX IN SOUTH DAKOTA When Does a School Have “Notice” of Student-on-Student Sexual Violence?

TITLE IX IN SOUTH DAKOTA ■ When Does a Responsible School Employee Know, or Should Know, About the Sexual Violence? ■ Examples

TITLE IX IN SOUTH DAKOTA ■ Student Files Grievance With School or Title IX Coordinator ■ School Receives Report From Student, Parent, or Friend ■ School Employee Witnesses Sexual Violence

TITLE IX IN SOUTH DAKOTA ■ Local Community Member ■ Social Networking Site ■ Media Reports

TITLE IX IN SOUTH DAKOTA What Are A School’s Responsibilities Upon Receiving Notice?

TITLE IX IN SOUTH DAKOTA ■ School Must Take Reasonable Steps to Investigate ■ School Must Take Reasonable Steps to End the Sexual Violence, Prevent Recurrence, and Provide Appropriate Remedy

TITLE IX IN SOUTH DAKOTA ■ Protect the Alleged Victim ■ Make Alleged Victim Aware of Available Resources (Victim Advocacy, Counseling, etc.)

TITLE IX IN SOUTH DAKOTA What Title IX Procedures Does A School Need To Have In Place?

TITLE IX IN SOUTH DAKOTA ■ Distribute a Notice of Nondiscrimination ■ Designate At Least One Employee as Title IX Coordinator ■ Adopt Grievance Procedures

TITLE IX IN SOUTH DAKOTA What Steps May A School’s Title IX Investigation Include?

TITLE IX IN SOUTH DAKOTA ■ Specific Steps Vary Based on Numerous Factors ■ Interview Alleged Victim, Perpetrator, Witnesses ■ Review of Law Enforcement Records

TITLE IX IN SOUTH DAKOTA ■ Review of Student or Personnel Files ■ May Include a Hearing

TITLE IX IN SOUTH DAKOTA Can’t We Just Let Law Enforcement Handle These Issues?

TITLE IX IN SOUTH DAKOTA ■ Not For Long! ■ School Should Not Wait for Law Enforcement to Conclude its Investigation ■ Keep Parties Updated on Status of Investigation

“A Roadmap for South Dakota’s School Districts in Title IX Disputes” SASD Webinar December 21, 2017