Title IX Challenges and Responsibilities in Educational Settings
Explore scenarios involving Title IX concerns in educational environments, such as addressing domestic violence issues and supporting transgender student-athletes. Learn about policy violations, coordination steps, and potential impact on Title IX protections. Navigate challenges like investigating incidents, ensuring inclusivity, and upholding Title IX regulations amid evolving circumstances.
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Northern California Title IX Administrators Network Elizabeth Trayner, Ed. D., Title IX Coordinator, University of the Pacific (She, her, Hers) October 26, 2020
General Discussion Role of the Investigator During the Hearing Executive Order on Combating Race and Sex Stereotyping Potential impact on Title IX Title IX Protections for pregnant students in a COVID context New Clery Act guidance (goes into effect next year)
Employee Divorce Two staff members who work in different departments have recently gone through a divorce. The divorce was finalized on October 15, 2020. It has come to your attention that the reason for the divorce involved domestic violence. You have learned that, prior to the divorce, Pat would often show up with bruises and, over time, became more and more withdrawn. Although the divorce proceedings were well underway, an incident occurred in Pat s office on October 1, 2020 which involved a verbal altercation that escalated to a point where Kelly, Pat s spouse, shoved Pat hard enough for Pat to fall to the ground. Pat s coworkers never said anything because they didn t want to get into Pat s business and they knew that Kelly was well respected on campus with a great deal of influence. Now that the divorce has been finalized, Pat has been more open about the circumstances and one of Pat s coworkers realized that, as a Responsible Employee, they had an obligation to report to the Title IX Office.
Employee Divorce Does this constitute a policy violation as described? Does it fit within the new regs? What should the Title IX Coordinator do first? Who should the Title IX Coordinator consult with?
Transgender Student-Athlete Simone is a transgender female who has been using the restrooms and locker rooms consistent with her gender identity since school started in August. She has been on hormone therapy for 13 months and has recently joined the women s basketball team. During her first away game, the visiting team locker room did not have any privacy facilities in the locker room so Simone changed with the rest of the team. One of the other players, Samantha, screamed when she saw Simone quickly change her underwear to put on a jockstrap before the game. Simone was very embarrassed and Samantha became hysterical. Both students called their parents while others texted parents and friends about what happened. Video of Simone running away from the bathroom was quickly posted on social media and the Athletic Director s phones began ringing off the hook. Fox News also called seeking comment.
Transgender Student-Athlete What Title IX issues do you see? What could have been done differently? What do you do now?
Supportive Measures Kori makes a formal complaint regarding dating violence. Sandy indicates that Kori may have engaged in conduct that would also be a violation of the university s Title IX Policy. Both Kori and Sandy were given notice that the totality of the conduct of both parties would be investigated. Both students were provided support and resources. Kori requested that contact be made with a faculty member to arrange some accommodations including an extension for certain assignments. The accommodation required follow up on Kori s part in order to work directly with the faculty member. The faculty member was extremely amenable to provide the extension but Kori never followed up, nor did Kori ever complete the assignments. This is the one class that Kori and Sandy are taking together. At the beginning of the semester they purchased a book together and, after the complaint was filed, Sandy stopped allowing Kori to use the book. Kori is slated to graduate this semester. The faculty member does not believe the student can possibly complete the required coursework in time given how far behind they are at this point.
Supportive Measures Should the institution do something more? It seems clear that the issues that are the basis for the complaint have led to this downward spiral but does it matter that we set the stage for Kori to succeed in this class and Kori did not follow through with communication to the faculty member?
Thank You These materials and all discussions of these materials are for instructional purposes only and do not constitute legal advice. If you need legal advice, you should contact your attorney. All attendees at the September 28, 2020 virtual meeting of the Northern California Title IX Administrators Network are hereby granted permission to post a copy of these materials to their institution s website solely for purposes of compliance with 34 CFR 106.45(b)(10)(i)(D). These materials are not intended to be used by anyone for their own training purposes. Use of this material for proprietary reasons is strictly prohibited.
