Title IX and Sexual Misconduct JP Przewoznik, MSW Director of Prevention and Evaluation jp@nccasa.org

Why Is This Important? Half of students in grades 7-12 report experiencing SH/SV in schools (AAUW, 2011). 2015 GLSEN School Climate Survey Results: N=10,528 students from all 50 states and DC 59.6% of LGBTQ students report being sexually harassed in school. 57% of students who were harassed or assaulted in school did not report because they thought nothing would happen or it would make matters worse. 63% of students who did report said that school staff did nothing or told them to ignore it.

What is Title IX? 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 education program or activity receiving Federal financial assistance. Most people have heard of Title IX in regards to college campuses ONLY. Discuss some of the similarities and differences.

United States Dept. of Education Federal Office for Civil Rights Portions of the ADA of 1990 Age Discrimination Act of 1975 Title VI Title IX Section 504 of the Rehabilitation Act of 1973

Title IX Investigation Criminal Legal Investigation Title IX is also NOT a civil procedure. If a person sues under Title IX, they are suing their school, NOT the person who harmed them. Or, they are implying that the school IS the entity that has caused harm.

If Title IX Started as Mostly an Athletics Interpretation, How Did We Get Here? Alexander v. Yale (1980) Sexual harassment is a form of sex discrimination. Franklin v. Gwinnett County Public Schools (1992) -A female student sexually harassed by a teacher could sue the district under Title IX. Davis v. Monroe County Board of Ed. (1999) -Schools can be held liable for student-on-student sexual harassment.

Important Case Law Interpretation Because Congress passed Title IX under its Spending Clause powers, the statute essentially creates a contract between the federal government and the recipient. It conditions “an offer of federal funding on a promise by the recipient not to discriminate.” Gebser v. Lago Vista Independent School District, 524 U.S. 274, 286 (1998).

Title IX Does Two Things 1-Requires that, as per their contract with the gov’t, school districts investigate and remedy any sex discrimination complaints. 2-That school districts will be held accountable by the gov’t if they do not appropriately prevent and respond to sex discrimination.

the recipient had actual knowledge of, was deliberately indifferent to harassment that was so severe, pervasive and objectively offensive that it deprived the victim of access to educational benefits or opportunities

One More Thing The recipient cannot be liable unless it “exercises substantial control over both the harasser and the context in which the known harassment occurs.

Title IX in K-12 Schools: A Spotlight

Cyber-harassment: A New Challenge for Title IX Where cyber-bullying occurs, an institution may have a potential defense if it was occurring outside of school hours and occurred through the use of electronic media beyond the institution’s control. The OCR noted that the school had an obligation to take immediate and effective action to eliminate the hostile environment, which would include the conduct effectuated through social networking sites.

A School’s Obligations: 1)Requires schools to act to prevent violence before it occurs; 2)To respond to it after the fact; 3)To remedy its impact.

Rights and Responsibilities The rights of Youth under Title IX

More on Student Rights If a student is sexually harassed/assaulted, they can: File a formal complaint and ask for specific accommodations. NOT file a formal complaint and still ask for specific accommodations.

Title IX is Not Just for Girls Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation.

Where Are We Now? Important Changes to Title IX

2011 “Dear Colleague” Letter

2017 “Dear Colleague” Letter Changed the “burden of proof” standard Encourages local law enforcement involvement

QUESTIONS, PLEASE!!