1. Title IX Missoula County Public Schools Activities Presentation

2. Title IX Generally

3. 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.”

4. What does Title IX Cover?  Prohibits denial of educational benefits on the basis of sex  Requires equity in the programs and activities offered by school districts, including sports  Prohibits discrimination and harassment on the basis of sex

5. Extracurricular Activities

6. Athletic Programs Separate teams But... Equal Opportunities

7.  Accommodation of interests in the selection of sports  Equipment and supplies  Scheduling of games and practices  Travel and per diem allowance  Coaching and tutoring opportunities  Assignment and compensation of coaches  Locker rooms, practice facilities, competition facilities  Medical and training facilities and services  Housing and dining facilities and services  Publicity

8. Compliance (1)Participation opportunities are substantially proportional to general student body male and female populations; (2)History of expansion of opportunities for unrepresented gender; or (3)Full and effective accommodation of interests and abilities of underrepresented gender

9. Funding All expenditures, regardless of the source, are analyzed in determining equal opportunity

10. Donations or Private Fundraisers If the contribution benefits only teams of one sex, the school district must ensure that teams of the other sex receive equivalent benefits and services

11. Allocation of Funds Equipment and Supplies Facilities

12. Allocation of Funds SchedulingCoaches

13. Equalizing Inequalities What can a school district do when a donation/fundraiser is designated for only one team?  Refuse the donation  Deposit all money into one fund  Reconfigure allocation of money between teams  Proportional increase/reduction in private and public funds for each team

14. Sexual Harassment

15. What is Sexual Harassment?  Quid Pro Quo  Hostile Environment  Sexual Violence

16. Quid Pro Quo Conditioning a student’s participation or educational decision on the student’s submission to unwelcome advances

17. Hostile Environment Severe Persistent Pervasive

18. Sexual Violence Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent

19. Who is protected?  Males and Females  Sexual harassment can occur between members of the same or opposite sex

20. Sexual Orientation Sexual orientation is not a protected class But... Students targeting another student because of his or her sexual orientation through making sexual advances is prohibited

21. Gender-Based Discrimination and Harassment  Non-sexual discrimination or harassment because of a person’s sex  Based on a person’s nonconformity with gender stereotypes

22. Pregnant and Parenting Students  Female students cannot be treated differently because they are pregnant  Male and female students cannot be denied educational benefits because they are parents

23. Liability Considerations

24. Sexual Harassment by Employees  Agency principles of delegation of authority or authorization of another person  Liability can apply where employee :  Acts with apparent authority  Aided in carrying out sexual harassment by position of authority

25. Sexual Harassment by Peers or Third Parties  Hostile environment  School knew or should have known of harassment  School fails to take immediate and appropriate corrective action

26. Effect of Grievance Procedures  Grievance procedures required  Must provide for prompt and equitable resolution  Provide clear mechanism of reporting and investigation  Failure to adopt and implement can result in liability

27. First Amendment Considerations Title IX is intended to protect students from sex discrimination, not to regulate content of speech... Speech alone may not be sufficient to create hostile environment

28. Practical Suggestions

29. Limiting Claims at the District Level  Adoption of anti-harassment policy  Distribute policy to staff, students, and members of the public  Address complaints in a gender- neutral manner  Implement policy by responding promptly and appropriately  Report complaints to the appropriate authorities  Investigate complaints in prompt and objective manner  Ensure that the rights of all individuals involved – harassers, victims, and witnesses – are protected  Discipline students and staff determined to have engaged in sexual harassment

30. Preventing Harassment  Avoid suggestive or sexual materials  Avoid too much familiarity  Be aware of gender-related language  Be aware of non-verbals  Avoid terms of endearment

31. Preventing Harassment  Be aware of personal space  Avoid conversations about intimate subjects  Avoid compliments about intimate or personal areas  Be aware of emails and voice mails  Rules apply even when travelling or outside of work

32. Special Consideration for Coaches  Talk to students on a regular basis  Watch for and stop initiations or rituals  Beware of horseplay  Supervise students in all areas  Encourage open communication and reporting  Immediately stop misconduct and make report to supervisors and administrators

33. Promote a Culture of Respect for Others