1. Allison Vogt, LMSW Cathryn Councill, LCSW
Title IX and Students
Allison Vogt, LMSW
Cathryn Councill, LCSW

2. Title IX
Title IX is a landmark federal civil right that prohibits sex discrimination in education.
Title IX applies to all educational institutions, both public and private, that receive federal funds. Almost all private colleges and universities and primary and secondary schools must abide by Title IX regulations because they receive federal funding through federal financial aid programs used by their students.

3. Title IX Covers: Admission into schools, colleges and universities
Athletic programs
Pregnancy
Interpersonal Violence: Sexual Assault/Harassment Domestic Violence Stalking
Gender Discrimination

4. Clery and Violence Against Women Act
The Clery Act is a federal law requiring United States colleges and universities to disclose information about crime on and around their campuses. The Clery Act requires colleges and universities to: 1) Publish an Annual Security Report; 2) Disclose crime statistics for incidents that occur on campus, in unobstructed public areas immediately adjacent to or running through the campus and at certain non-campus facilities; 3) Issue timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees; and 4) Devise an emergency response, notification, and testing policy. -End Rape on Campus
The Act is enforced by the United States Department of Education.

5. Admissions and Athletics
Schools, Colleges, and Universities who receive money from the federal government must have gender discrimination free admission standards and policies.
Athletic programs are considered educational programs and activities. Title IX gives women athletes the right to equal opportunity in sports in educational institutions that receive federal funds, from elementary schools to colleges and universities. 

6. Pregnancy
Title IX makes it illegal to discriminate because of sex, which includes discrimination on the basis of pregnancy, childbirth, false pregnancy, miscarriage, abortion, or related conditions, including recovery.
Title IX also ensures the right to take medically necessary leave and to be free of harassment, intimidation, or other discrimination because of pregnancy-related conditions.  
Title IX protects pregnant and parenting students and postdocs.
Title IX protections apply in and out of the classroom.
Title IX requires schools to excuse absences for pregnancy, childbirth, or related conditions.
Title IX requires schools to provide pregnant students with services and accommodations equal to those provided to non- pregnant students.

7. Relationship Violence, Sexual Assault and Stalking
Relationship violence, which includes and may also be called intimate partner violence, domestic abuse, or dating violence, is a pattern of behaviors by an intimate partner to gain power and control. It can include physical violence, sexual violence, emotional or psychological violence, economic abuse, threats, or stalking.
Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient.
Stalking is a pattern of repeated and unwanted attention, harassment, contact, or other actions directed at a specific person that would cause a reasonable person fear.

8. Transgender Guidance Students have the right to:
be treated according to the gender they identify with. Schools cannot require students to provide legal or medical evidence in order to have their gender respected.
be called by the name and pronouns consistent with their gender identity.
not be bullied or harassed because they are transgender or gender non-conforming. If school administrators become aware of bullying or harassment they must take action to end it.
right to equal educational opportunities regardless of gender, including gender identity or expression, or their race, nationality, or disability. This includes not being punished or excluded from school activities or events because they are transgender or gender non-conforming.

9. Transgender Guidance, cont.
Students have the right to:
dress and present themselves in a way that is consistent with their gender identity, so long as they follow rules for how to dress that apply to all students. This includes how they dress at school every day as well as for dances, graduation, and other school events.
use restrooms, locker rooms, and other facilities that are consistent with your gender identity, and can’t be forced to use separate facilities.
privacy concerning your transgender status and gender transition. Any such information kept in school records must be kept private and not shared without permission unless the school has a legitimate reason that it not based on gender bias.

10. Dear Colleague,
May, 2016: At the request of School Administrators, the Departments of of Education and of Justice sent a Dear Colleague to School Administrators outlining how Title IX protects students who are identify as transgender.
August, 2016: Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas, blocks orders that allow transgender identified students use restrooms and locker rooms consistent with their gender.
February, 2017: The Departments of Education and of Justice rescinded the Dear Colleague Letter that was sent to School Administrators clarifying what it means to protect students who identify as transgender under Title IX.

11. “Please note that this withdrawal of these guidance documents does not leave students without protections from discrimination, bullying, or harassment. All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment. The Department of Education Office for Civil Rights will continue its duty under law to hear all claims of discrimination and will explore every appropriate opportunity to protect all students and to encourage civility in our classrooms.”
-U.S. Dept. of Justice and U.S. Department of Education

12. Issues…
The guidance provided a tool for parents and students to defend their rights, because it clearly stated how to address their rights under Title IX.
The guidance also provided a tool for educators to understand what they should be providing to transgender identified students.
Administrators may mistake the rescindment as they no longer have to provide the rights afforded under Title IX to transgender identified students.

13. Gavin Grimm

14. Gavin Grimm Timeline
September, 2014: Received permission from school to use boys bathroom.
December, 2014: School Board restricted use.
June, 2015: Grimm sues Gloucester County School Board.
September, 2015: Judge refuses to block the School Board’s bathroom policy.
January, 2016: Grimm appeals Judge’s decision.
April, 2016: Appeals panel rules in Grimm’s favor.
May, 2016: School Board files an appeal.
May, 2016: The US. Department of Education issue Obama a directive to schools to provide appropriate restroom facilities.

15. Gavin Grimm Timeline, cont.
May, 2016: 4th Circuit Court of Appeals refuses to hear appeal from the School Board
July, 2016: School Board appeals to U.S. Supreme Court
October, 2016: Supreme Court agrees to hear the case.
February, 2017: Rescind of 2016 Transgender Title IX Guidance.
March, 2017: Supreme Court decides not to hear the case.
May, 2018: Judge Arenda L. Wright Allen of the United States District Court for the Eastern District of Virginia denied a motion by the Gloucester County school board to dismiss the lawsuit brought by the student, Gavin Grimm.
June, 2018: Gloucester School Board appeals to the U.S Court of Appeals for the 4th Circuit.

16. Common Experiences and Protected Areas of Title IX.
23% of LGBT identified students experienced harassment based on sexual identity
39% of LGBT identified students experienced harassment based on gender identity.
43% of LGBT identified faculty, staff, and students felt in fear of their safety on campus.
Nearly 1 in 4 undergraduate students who are transgender or gender non-conforming experience sexual assault in college.

17. Best Practices
Each University should look at the guidance as a tool despite the rescindment of the Dear Colleague Letter.
Create a task force or working group to look over Title IX in it’s entirety and make sure the University is adhering to the federal law.
Look for ways to that your University can go above and beyond Title IX to support students and publish them.
Provide specific policies regarding addressing the needs of gender non-conforming and transgender identified students.
Provide an FAQ for incoming students about their rights on your campus.

18. What can I do?
Ask your administration to provide a written policy regarding rights guaranteed under Title IX.
Ask to meet with your Title IX Coordinator.
For athletes: ask to see the NCAA policy regarding their transgender athlete policy.
Create a student-centered working group to lobby any University not meeting their obligations under Title IX.
File a complaint with the Office of Civil Rights.
Consult legal groups designed to protect the rights of the LGBT communities.

19. Responsible Employees
Each institution must designate faculty and staff as a “responsible” employee.
Responsible employees must report incidents of sexual assault, domestic violence and/or stalking to a school’s Title IX Coordinator.
The Title IX Coordinator is then responsible for reaching out the student to offer services.

20. Resources
Know Your IX National Center for Transgender Equality US Department of Education: Office of Civil Rights