1. TITLE IX
Employment and Retaliation

2. Employment
Title IX covers employment and how it impacts students ability to receive comparable treatment. Are men’s and women’s teams provided coaches of equivalent talent?
OCR will review:
Availability
Assignment
Compensation

3. Compensation
Compensation complaints are generally fall under Title VII and or the Equal Pay ACT.
2 agencies that hand compensation reviews and complaints are:
EEOC or state equivalent
OFCCP (Office of Federal contract Compliance Programs)

4. Area of Potential Concerns or Coordinators
Hiring Practices and Processes
Advertising
Timelines
Hiring Procedures.
Position Descriptions
Contracts initial and renewals
Compensation justification

5. Cost of retaliation complaints include:
Damage to reputation
Monetary costs
Emotional cost

6. 2 Title IX Supreme Court Cases
(There are many more)
Franklin v. Gwinnett County Public Schools – in addition to injunctive relief and damages provided for reimbursement for fees and expenses
Jackson v. Birmingham Board – established right of private action for retaliation under Title IX for advocates as well as students.

7. Recent Retaliation Cases
Fresno State
University of California Berkeley
San Diego State University
Florida Gulf Coast university
Ball State University
Cal State Fullerton
Central Connecticut State University
Texas Southern University

8. Title IX Coordinator and Athletics
Title IX Q and A
Questions and Answers Regarding Title IX Procedural Requirements
The Title IX Coordinator and Athletics Compliance

9. AVOIDING CLAIMS Know Title IX Be incompliance with Title IX –
conduct regular self-evaluations
share budget and EADA information
Have appropriate and updated Polices and Procedures Manual
Educate your staff and Athletics Department personnel
Be sure the Student-Athlete Handbook includes information on Title IX and related university polices

10. Four Elements of Retaliation
Employee engaged in a protected activity
Employer had knowledge of the employees protected activity
Employee suffered an adverse action
There was a casual link between the protected activity and the adverse action

11. Protected Activities Whistleblower
Complains about discrimination, inequities, harassment, etc.
Assisting another individual in reporting violations
Participates in an investigation
Files formal complaint
Other complaints

12. Retaliation Includes
Threats, Intimidation, Reprisals and/or Adverse Actions
Adverse Actions Include:
Low or failing evaluations
Demotion
Counseling
Discipline
Lay-off
Termination
Reassignment

13. Red Flags
Bias and inconsistency in treatment and/or enforcement of policies
Not taking complaints seriously, delaying or failing to report and/or respond to complaints in a timely manner
Sudden negative evaluations
Flurry of hostile or mean spirited exchanges
Inconsistent statements or changing stories
Sloppy or over documentation

14. Steps to Minimize Lawsuits
Do be fair and impartial, avoid bias Do ask questions and listen Do be respectful Do be consistent Do be through and timely Do verify Don’t make assumptions Do document both good and bad Do track trends

15. My Keys to Success Information is power, get it and share it
Communication
Common Sense
Consistency

16. Contact Information
Diane Milutinovich