California Title IX Regulations and SB493 Update
NORTHERN CALIFORNIA
TITLE IX ADMINISTRATORS
NETWORK
Elizabeth Trayner, Ed. D., Title IX
Coordinator
, University of the Pacific
(She, her, Hers)
September 27, 2021
DISCUSSION ITEMS
•
NCAA Regulations
•
Transitioning back to campus
•
Federal Loan Repayment Deferment
CASE UPDATES
SB493
By January 1, 2022, a postsecondary institution that receives state financial
assistance to comply with requirements relating to Title IX must:
•
Disseminate a notice of nondiscrimination to each employee, volunteer, and
individual or entity contracted with the institution
•
Designate at least one employee of the institution to coordinate its efforts to
comply with its responsibilities specified in this act
•
A
dopt rules and procedures for the prevention of sexual harassment
•
A
dopt and publish on its internet website grievance procedures providing for the
prompt and equitable resolution of sexual harassment complaints
SB 493
•
Publish on the institution’s website the name, title, and contact information for the T9
coordinator or other employee designated to coordinate the institution’s efforts to
comply with and carry out T9 responsibilities and any individual official with the authority
to investigate complaints or to institute corrective measures
•
Include specified training to each employee engaged in the grievance procedure.
•
Include annual training for residential life student and nonstudent staff for the trauma-
informed handling of reports regarding incidents of sexual harassment or violence at an
institution with on-campus housing.
•
Notify employees of the obligation to report sexual harassment to appropriate school
officials.
•
Provide training to all employees on the identification of sexual harassment.
SB 493
The bill would also authorize enforcement of these provisions through
a civil action.
B
y imposing new duties on community college districts, this bill would
impose a state-mandated local program.
“SB 493 will ensure California’s higher educational institutions protect
survivors through policies that treat survivors with dignity and respect,
while ensuring the civil rights of all students.”
https://www.equalrights.org/news/governor-signs-sb-493/
DOE V. WILLIAM MARSH RICE
UNIV. (S.D. TEX. 2021)
•
Plaintiff and Jane Roe had a consensual sexual encounter wherein he
transmitted herpes to Roe
•
Roe initially filed police report but DA declined to file charges
•
Roe files complaint with the university “student judicial program”
•
Alleging plaintiff failed to inform her about the herpes
•
Plaintiff is charges for violating student code of conduct
•
“inflicting intentional mental or bodily harm on another or taking reckless
disregard…”
•
Also – incident may qualify as “dating violence” under sexual misconduct policy
DOE V. WILLIAM MARSH RICE
UNIV. (S.D. TEX. 2021)
•
After investigation – plaintiff violated student’s code of conduct but not
sexual misconduct policy
•
Plaintiff disciplined with “rustication” – only campus for academic purposes,
otherwise permission required
•
Plaintiff appeals –
•
Roe gave “conflicting testimony”
•
University was biased in favor of Roe
•
University failed to hold Roe responsible for her reckless behavior
•
University failed to interview student who alleged they got herpes from Roe
DOE V. WILLIAM MARSH RICE
UNIV. (S.D. TEX. 2021)
•
Decision was upheld, Plaintiff withdraws from University and files suit alleging-
•
Gender discrimination under T9 and breach of contract claims
•
Focus on university’s lack of holding responsible for her own behavior
•
Three theories to examine –
1.
Erroneous outcome – failed because no evidence of gender bias
2.
Selective enforcement – failed because no evidence that “similarly situated”
female was treated better than Plaintiff
3.
Archaic assumptions – failed because no evidence that university imposed
different “duties” to disclose the risks of unprotected sex on men than women
•
University’s motion for summary judgment on T9 claim granted
WILSON V. TEX. CHRISTIAN UNIV. (N.D. TEX.
2021
•
Plaintiffs Sylvester and Okonkwo claimed they faced significant harassment
and hostility while enrolled in their PhD program due to being African-
American women. Including:
•
Being subjected to racist jokes, commentary, and course material
•
Demeaned and continuously cut-off or interrupted
•
Having their hair touched without consent
•
Being discouraged from filing formal complaints
•
Plaintiffs sought relief for intentional discrimination based on official policy
under Title VI and Title IX
•
Many of the issues were time barred by the statute of limitations
WILSON V. TEX. CHRISTIAN UNIV. (N.D.
TEX. 2021)
•
With respect to deliberate indifference or hostile environment under Title IX
•
Plaintiff needed to show was treated differently from similarly situated students
who were not members of her protected class
•
Plaintiff needed to show that the harassment she faced was based on sex
•
Court determined no deliberate indifference because Plaintiff failed to
identify any man that was treated differently under similar circumstances
•
Court determined that Plaintiff failed to show how her alleged harassment
was based on sex
CASE STUDIES
YIK YAK’S BACK
•
The Title IX Coordinator receives a report about recent
derogatory posts targeting one of the students by name
on Yik Yak. The screen shots do not contain threats of
safety but they comment on alleged sexual behaviors
and sexual orientation. The student who is the target of
the Yik Yak posts has taken a medical leave of absence
for the fall semester and is under the care of a mental
health provider back home.
•
What steps could or should be taken by the College?
SERIAL GROPER
•
On September 1, Student A reports that someone grabbed her
buttocks as she was walking to class. Student A turns around and sees
the person but does not know him. In speaking with the Title IX
Coordinator, Student A indicates that she knows she could identify him
if she were to see a photo. Unfortunately, the incident occurs at the
very same time as a campus-wide power outage so no camera
footage can be obtained.
•
On September 15, Student B reports that someone grabbed her
buttocks shortly after she left the athletics facility. When she turns
around she recognizes him as someone who she has seen in athletics
before. She is able to cross-reference with the athletics facility check
in and identify the “groper” as Student C.
•
Other students shared with the SWA that they have seen him lurking
around and one reports that he was staring at her chest.
•
What steps would you take?
STRANGULATION
•
The Dean of Students becomes aware of a student who was
transported to the hospital. It is reported that the student lost
consciousness and nearly died due to strangulation by her boyfriend
of 2 years.
•
In speaking with the Dean, she shares that this has happened before
and that this is a part of their BDSM relationship. She states that they
have established a safe word and usually he stops when that
happens. However, she shared that sometimes she passes out before
she is able to say the safe word.
•
As she is speaking with the Dean she breaks down because she
realizes that she came close to losing her life this time and she doesn’t
know what to do.
•
Since the Dean is a required reporter, she comes to the Title IX
Coordinator to report what she has learned.
•
What steps would you take?
TWO COMPLAINANTS – ONE INCIDENT
•
Roommates Shannon and Tracy report that they were both
sexually assaulted by Chris at the same time. They come to
the Title IX Coordinator to report the incident together. They
would both be Complainants and would serve as witnesses
for one another.
•
Would you run one investigation or two separate
investigations?
•
If you would do one investigation, would you do one
hearing or two separate hearings?
•
What if the roles were reversed and there were two
Respondents who were alleged to have sexually assaulted
one Complainant at the same time?
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 27, 2021 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.
Elizabeth Trayner, Ed.D., Title IX Coordinator at the University of the Pacific, discusses NCAA regulations, transitioning back to campus, federal loan repayment deferment, and important updates regarding SB493 in California. SB493 mandates postsecondary institutions receiving state financial assistance to comply with Title IX requirements, including disseminating notices of nondiscrimination, designating coordinators, adopting prevention procedures, and providing grievance resolution. The bill aims to enforce survivor protection, dignity, and respect on campuses.
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Presentation Transcript
NORTHERN CALIFORNIA TITLE IX ADMINISTRATORS NETWORK Elizabeth Trayner, Ed. D., Title IX Coordinator, University of the Pacific (She, her, Hers) September 27, 2021
DISCUSSION ITEMS NCAA Regulations Transitioning back to campus Federal Loan Repayment Deferment
SB493 By January 1, 2022, a postsecondary institution that receives state financial assistance to comply with requirements relating to Title IX must: Disseminate a notice of nondiscrimination to each employee, volunteer, and individual or entity contracted with the institution Designate at least one employee of the institution to coordinate its efforts to comply with its responsibilities specified in this act Adopt rules and procedures for the prevention of sexual harassment Adopt and publish on its internet website grievance procedures providing for the prompt and equitable resolution of sexual harassment complaints
SB 493 Publish on the institution s website the name, title, and contact information for the T9 coordinator or other employee designated to coordinate the institution s efforts to comply with and carry out T9 responsibilities and any individual official with the authority to investigate complaints or to institute corrective measures Include specified training to each employee engaged in the grievance procedure. Include annual training for residential life student and nonstudent staff for the trauma- informed handling of reports regarding incidents of sexual harassment or violence at an institution with on-campus housing. Notify employees of the obligation to report sexual harassment to appropriate school officials. Provide training to all employees on the identification of sexual harassment.
SB 493 The bill would also authorize enforcement of these provisions through a civil action. By imposing new duties on community college districts, this bill would impose a state-mandated local program. SB 493 will ensure California s higher educational institutions protect survivors through policies that treat survivors with dignity and respect, while ensuring the civil rights of all students. https://www.equalrights.org/news/governor-signs-sb-493/
DOE V. WILLIAM MARSH RICE UNIV. (S.D. TEX. 2021) Plaintiff and Jane Roe had a consensual sexual encounter wherein he transmitted herpes to Roe Roe initially filed police report but DA declined to file charges Roe files complaint with the university student judicial program Alleging plaintiff failed to inform her about the herpes Plaintiff is charges for violating student code of conduct inflicting intentional mental or bodily harm on another or taking reckless disregard Also incident may qualify as dating violence under sexual misconduct policy
DOE V. WILLIAM MARSH RICE UNIV. (S.D. TEX. 2021) After investigation plaintiff violated student s code of conduct but not sexual misconduct policy Plaintiff disciplined with rustication only campus for academic purposes, otherwise permission required Plaintiff appeals Roe gave conflicting testimony University was biased in favor of Roe University failed to hold Roe responsible for her reckless behavior University failed to interview student who alleged they got herpes from Roe
DOE V. WILLIAM MARSH RICE UNIV. (S.D. TEX. 2021) Decision was upheld, Plaintiff withdraws from University and files suit alleging- Gender discrimination under T9 and breach of contract claims Focus on university s lack of holding responsible for her own behavior Three theories to examine 1. Erroneous outcome failed because no evidence of gender bias 2. Selective enforcement failed because no evidence that similarly situated female was treated better than Plaintiff 3. Archaic assumptions failed because no evidence that university imposed different duties to disclose the risks of unprotected sex on men than women University s motion for summary judgment on T9 claim granted
WILSON V. TEX. CHRISTIAN UNIV. (N.D. TEX. 2021 Plaintiffs Sylvester and Okonkwo claimed they faced significant harassment and hostility while enrolled in their PhD program due to being African- American women. Including: Being subjected to racist jokes, commentary, and course material Demeaned and continuously cut-off or interrupted Having their hair touched without consent Being discouraged from filing formal complaints Plaintiffs sought relief for intentional discrimination based on official policy under Title VI and Title IX Many of the issues were time barred by the statute of limitations
WILSON V. TEX. CHRISTIAN UNIV. (N.D. TEX. 2021) With respect to deliberate indifference or hostile environment under Title IX Plaintiff needed to show was treated differently from similarly situated students who were not members of her protected class Plaintiff needed to show that the harassment she faced was based on sex Court determined no deliberate indifference because Plaintiff failed to identify any man that was treated differently under similar circumstances Court determined that Plaintiff failed to show how her alleged harassment was based on sex
YIK YAKS BACK The Title IX Coordinator receives a report about recent derogatory posts targeting one of the students by name on Yik Yak. The screen shots do not contain threats of safety but they comment on alleged sexual behaviors and sexual orientation. The student who is the target of the Yik Yak posts has taken a medical leave of absence for the fall semester and is under the care of a mental health provider back home. What steps could or should be taken by the College?
SERIAL GROPER On September 1, Student A reports that someone grabbed her buttocks as she was walking to class. Student A turns around and sees the person but does not know him. In speaking with the Title IX Coordinator, Student A indicates that she knows she could identify him if she were to see a photo. Unfortunately, the incident occurs at the very same time as a campus-wide power outage so no camera footage can be obtained. On September 15, Student B reports that someone grabbed her buttocks shortly after she left the athletics facility. When she turns around she recognizes him as someone who she has seen in athletics before. She is able to cross-reference with the athletics facility check in and identify the groper as Student C. Other students shared with the SWA that they have seen him lurking around and one reports that he was staring at her chest. What steps would you take?
STRANGULATION The Dean of Students becomes aware of a student who was transported to the hospital. It is reported that the student lost consciousness and nearly died due to strangulation by her boyfriend of 2 years. In speaking with the Dean, she shares that this has happened before and that this is a part of their BDSM relationship. She states that they have established a safe word and usually he stops when that happens. However, she shared that sometimes she passes out before she is able to say the safe word. As she is speaking with the Dean she breaks down because she realizes that she came close to losing her life this time and she doesn t know what to do. Since the Dean is a required reporter, she comes to the Title IX Coordinator to report what she has learned. What steps would you take?
TWO COMPLAINANTS ONE INCIDENT Roommates Shannon and Tracy report that they were both sexually assaulted by Chris at the same time. They come to the Title IX Coordinator to report the incident together. They would both be Complainants and would serve as witnesses for one another. Would you run one investigation or two separate investigations? If you would do one investigation, would you do one hearing or two separate hearings? What if the roles were reversed and there were two Respondents who were alleged to have sexually assaulted one Complainant at the same time?
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 27, 2021 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.
