Title IX: How It Affects You AND Your Students

Kent SeaverDirector of Learning Resources/Title IX CoordinatorNorth Lake College

Dalia BlellProfessional CounselorNorth Lake College

Knowledge learned through independent study, on-the job training, or experiential learning and translates that

learning into college credit that is commonly recognized.

Underlying premise of prior learning is college level learning can occur outside traditional classroom.

• “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.” 20 U.S.C. § 1681(a).

• Title IX applies to all educational institutions that receive federal funds, regardless of the part of the institution that receives funds or the amount received. For example, a college that provides federal student loans or an independent school that receives federal grants to support its library would both be subject to Title IX.

What is Title IX?

Underlying premise of prior learning is college level learning can occur outside traditional classroom.

UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS THE ASSISTANT SECRETARY April 4, 2011

Dear Colleague:

Education has long been recognized as the great equalizer in America. The U.S. Department of Education and its Office for Civil Rights (OCR) believe that providing all students with an educational environment free from discrimination is extremely important. The sexual harassment of students, including sexual violence, interferes with students’ right to receive an education free from discrimination and, in the case of sexual violence is a crime.

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq. and its implementing regulations, 34 C.F.R. Part 106,Prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.

Why is Title IX So Important?

Why Is Title IX So Important? • Eighty-Six colleges and universities are

under federal investigation over concerns about how they handled sexual assault cases on campus (Washington Post, 11/10/2014).

• The U.S. Department of Education's Office for Civil Rights began disclosing all colleges under review for their handling of sexual assault cases following a White House task force on campus rape. The Department of Education faced pressure from activists and members of Congress for greater transparency from colleges and universities.

Definitions

Sexual Harassment:Sexual harassment is a form of gender discrimination and therefore prohibited under Title IX. “Sexual harassment is conduct that is:

■ Sexual in nature,

■ Unwelcomed, and

■ Denies or limits a student’s ability to participate in or benefit from a school’s education program.”

The following are examples of types of conduct that may constitute sexual harassment:

• Inappropriate touching, patting, or pinching

• Physical assault or coerced sexual activity

• Obscene phone calls, texts, email, or gestures

• Badgering someone for a date

• Repeatedly making inappropriate sexual comments or unwanted sexual advances

 

Definitions

There are two types of sexual harassment:

Quid Pro Quo – Latin meaning “This for that”. Meaning, if “you do something for me, I’ll do something for you”. An example of quid pro quo is “when a teacher threatens to fail a student unless the student agrees to date the teacher”.

Hostile Work Environment – “Hostile environment harassment occurs when unwelcome conduct of a sexual nature is so severe, persistent, or pervasive that it affects a student's ability to participate in or benefit from an education program or activity, or creates an intimidating, threatening or abusive educational environment. A hostile environment can be created by a school employee, another student, or someone visiting the school, such as a student or employee from another school.”

When is Sexual Assault “Sexual Harassment”?

According to the OCR’s Dear Colleague Letter from 4/4/11:

“When a student sexually harasses another student, the harassing conduct creates a hostile environment if the conduct is sufficiently serious that it interferes with or limits a student’s ability to participate in or benefit from the school’s program. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical. Indeed, a single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. For instance, a single instance of rape is sufficiently severe to create a hostile environment”.

Offender List Highlights

Oklahoma State University -- 4/10/2014Carnegie Mellon University -- 1/13/2014Pennsylvania State University -- 1/23/2014Swarthmore College -- 7/12/2013Temple University -- 8/9/2013Vanderbilt University -- 3/12/2014Southern Methodist University – 3 Cases since 2011Cisco Junior College -- 5/7/2014University of Texas-Pan American -- 4/21/2014University of Virginia -- 6/30/2011University of California-Berkeley -- 3/25/2014University of Southern California -- 6/26/2013University of Colorado at Boulder -- 6/18/2013Florida State University -- 4/3/2014Emory University -- 12/13/2013University of North Carolina-Chapel Hill -- 3/1/2013Harvard College -- 4/24/2014

An Increasing Problem

• In fiscal year 2013, the U.S. Department of Education's Office for Civil Rights (OCR) received 30 complaints against colleges and universities alleging failures in the way the schools handled cases of sexual violence. That was nearly double the previous year's tally of 17.

• Since May of last year, the number of federal investigations into how colleges handle sexual violence reports has jumped 50 percent (Washington Post, 10/19/2014)

• In extreme cases, the agency can cut off a school from all federal funding, including Pell grants and student loans. This has never happened.

Revised Sexual Harassment Guidance, Department of Education/OCR (2001)

“An educational institution must take action to respond to sexual harassment that is so severe and pervasive that it deprives or limits the victim’s enjoyment of educational rights, privileges, advantages, or opportunities.”

The Education Department calls for schools to use a “preponderance of evidence” standard in adjudicating cases, meaning that an incident is more likely than not to have happened. The policy “means whenever a victim’s word is slightly more credible than an offender’s denial, the school must take some action”.

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A Whole New Ballgame

Institutional Liability Under Title IX

Individual Cause of Action for $ Damages “actual knowledge” + “deliberate indifference”

The U.S. Supreme Court has held that Title IX can:

• Impose damage liability on school authorities when a school official with authority to take corrective measures has actual knowledge of the harassment and fails to take appropriate action.

• Include peer-on-peer harassment when said harassment was so severe, persuasive, and objectively offensive that it could be said to deprive the victim of access to the educational opportunities or benefits provided by the school.

Institutional Do’s and Don’t

Is all physical contact sexual in nature?

No.

• Legitimate nonsexual touching or conduct generally will not be considered sexual harassment. However, it may rise to that level if it takes on sexual connotations.

• Example: A college soccer coach hugs a student who makes a goal. This by itself is not considered sexual conduct. However, a coach’s hugging of a student could be considered sexual conduct if it is unwelcome and occurs under inappropriate circumstances.

Institutional Do’s and Don’t

• A hostile environment can occur even if the harassment is not targeted specifically at the individual complainant.

• If a student, group of students, or a teacher regularly directs sexual comments toward a particular student, a hostile environment may be created not only for the targeted student, but also for others who witness the conduct.

• Similarly, because students date one another, a request for a date or a gift of flowers, even if unwelcome, would not create a hostile environment.

• However, there may be circumstances in which repeated, unwelcome requests for dates or similar conduct could create a hostile environment. For example, a person, who has been refused previously, may request dates in an intimidating or threatening manner.

What Do We Do? Schools must respond to sexual violence that occurs:

• In the context of a school’s education programs and activities:

This includes academic, educational, extracurricular, athletic, and any other school programs, whether those programs take place in a school’s facilities, on a school bus, at a class or training program sponsored by the school at another location, or elsewhere. Additional examples include school sponsored field trips, school recognized fraternity or sorority houses, and Athletic team travel; and events for school clubs that occur off campus.

• Off-campus:

Even if the sexual violence did not occur in the context of an educational program or activity, a school must process such complaints and consider the effects of the sexual violence when evaluating whether there is a hostile environment on campus or in an off-campus education program or activity.

Who Does What? Who must report details of an incident of sexual

violence, including personally identifiable information?

• Responsible Employees

A responsible employee is any employee who has the authority to take action to redress sexual violence, who has been given the duty to report to appropriate school officials about incidents of sexual violence or any other misconduct by students, or who a student could reasonably believe has this authority or responsibility. Schools must make clear to all of its employees and students which staff members are responsible employees.

What must a school tell the complainant about the outcome of a sexual violence complaint and how does FERPA apply?

Notice of the Outcome

• Title IX requires a school to tell the complainant whether or not it found that the sexual violence occurred, any individual remedies offered or provided to the complainant or any sanctions imposed on the perpetrator that directly relate to the complainant, and other steps the school has taken to eliminate the hostile environment, and prevent recurrence.

• Sanctions that directly relate to the complainant include, but are not limited to, requiring that the perpetrator stay away from the complainant until both parties graduate, prohibiting the perpetrator from attending school for a period of time or transferring the perpetrator to another residence hall, other classes, or another school.

What Do We Report?

• The Department of Education interprets FERPA as not conflicting with the Title IX requirement that the school notify the complainant of the outcome of its investigation, i.e., whether or not the sexual violence was found to have occurred, because this information directly relates to the victim. FERPA also permits the school to notify a complainant of sanctions imposed upon a student who was found to have engaged in sexual violence when the sanction directly relates to the complainant.

• If there is a direct conflict between the requirements of FERPA and the requirements of Title IX, such that enforcement of FERPA would interfere with the primary purpose of Title IX to eliminate sex-based discrimination in schools, the requirements of Title IX override any conflicting FERPA provisions.

FERPA vs. Title IX?

The North Lake Model• New to college students informed during

mandatory orientation

• Orientation occurs roughly 4 times per semester, at various days and times.

• Sessions last 4.5 hours.

• Students can register for Orientation online by going to:

http://bit.ly/103nick

Protecting and Serving our North Lake College community

The following definitions can help students become aware of unwanted behavior:

North Lake College does not discriminate on the basis of age, race, color, national origin, sex, sexual orientation (gender identity), disability, or veteran’s status in its programs and activities and provides equal access to applicants, employees and students.

Sexual harassment is a form of gender discrimination and therefore prohibited under Title IX. Sexual harassment is conduct that is sexual in nature, unwelcomed, and denies or limits a student’s ability to participate in or benefit from a school’s educational programs.

For More Information OR To Lodge a Complaint:

1. For an Emergency: dial 972-860-4290 to reach the North Lake College Police Department.

2. NLC’s Title IX Complaint/ Intake form can be found at http://bit.ly/nlctitle9complaints

3. The DCCCD/ North Lake College Sexual Harassment Policy can be accessed at: http://bit.ly/nlctitle9policy

4. North Lake Counseling Services: (A311) 972-273-3333

North Lake College does not discriminate on the basis of age, race, color, national origin, sex, sexual orientation (gender identity), disability, or veteran’s status in its programs and activities and provides equal access to applicants, employees, and students.

5001 N. MacArthur Blvd. 972-273-3000

A Sustainable Campus

Educational Amendment of 1972

NLC Title IX Education: Students

NLC Title IX Education: Students

If you are a student who believes you have been or are the victim of sexual harassment, including sexual assault, sexual violence or other sexual misconduct, by another college student, you may report such conduct or file a complaint under Title IX with the Title IX Coordinator.

Student Investigation Process:1. Complainant files a report. 2. Review of the complaint is made by the Title IX Coordinator.3. Investigation is initiated and if warranted, a Notice of Investigation will be delivered to both parties.4. All involved parties are interviewed.5. Findings of the investigation are then presented to the Vice President of Student Services to determine a preponderance of evidence and recommend a sanction if deemed necessary.6. Sanction will be imposed if deemed appropriate by the Vice President of Student Services.7. Notice of Outcome will be provided to both parties.8. Review process will be provided to both parties.

NLC Complaints Under Title IX: Students

NLC Complaints Under Title IX: Students

Respondent (Individual Complaint is Against)

Name: ________________________________________________________

Student: _____ Employee: _____ Both: _____

Department: ________________________________________________________

Work Phone: _________ Home Phone: _________ Cell Phone: _____________

Were you discriminated against with regard to your rights in:  Employment: _______ Education: _____ Retaliation: _______  Were you discriminated against because of your:  Race: _______ Color: _______ National Origin: _______  Religion: _______ Age: _______ Sex (Gender) _______  Disability: _____Veterans Status: _____Sexual Orientation: ______

NLC Complaints Under Title IX: Students

NLC Complaints Under Title IX: Investigations

Educational Deans have been designated as Campus Security Authorities (CSA’s) for the purpose of reporting Title IX incidents

Aside from the Coordinator, there are three other investigators comprised of representatives from Student Services, Instructional Services, and Business/Financial Aid

NLC’s policy of handling student complaints coincides with guidelines set forth under Title IX

Grievance Procedures

When a student alleges sexual harassment or assault, an institutional representative will promptly meet with the student to explain:

• The investigation process, including the importance of treating both parties equitably

• The school’s formal and informal resolution procedures, making clear that students are not required to work out issues directly with each other and that mediation is not used in sexual assault cases

• Counseling services available either on or off campus

• Possible academic accommodations

• That the school prohibits and will protect complainants from retaliation

Grievance Procedures

North Lake College’s Gender Discrimination Statement and Sexual Harassment policy can be found at:

http://www.northlakecollege.edu/about-us/policies-and-legal-notices/Pages/default.aspx

NLC has outlined the process for Title IX inquiries and complaints. The informational link is located at:

http://www.northlakecollege.edu/about-us/policies-and-legal-notices/Documents/TitleIXComplaintForm.pdf

Title IX: How It Affects You AND Your Students

Questions?