Understanding Title IX: Student Sexual Harassment Regulations
Title IX of the Educational Amendment prohibits sex-based discrimination in federally funded schools. The Office for Civil Rights revised sexual harassment regulations in 2020, impacting areas such as retaliation protection. The updated definition emphasizes conduct that denies equal access to education and no longer requires harassment letters. California's definition of sexual harassment underlines unwelcome advances or conduct affecting work or academic environment negatively.
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1 Title IX: Student Sexual Harassment Under the New Regulations
2 What is Title IX? Educational Amendment of the Civil Rights Act of of 1972. prohibits discrimination based on sex in ALL schools receiving federal and state funding. covers various areas in education. Office for Civil Rights (OCR) provides oversight. OCR Final Rule revised the sexual harassment regulations on May 6, 2020, taking effect on August 14, 2020. Impact of Election: Changes/revisions are possible. The current regulations are the Final Rule and what we need to follow at this time. 9/16/2024
3 Title IX Areas Don t forget protection from RETALIATION! 9/16/2024
4 OCR s Revised Definition of Sexual Harassment Office for Civil Rights (OCR) definition of SEXUAL HARASSMENT: Conduct on the basis of sex that satisfies one or more of the following: An employee conditioning the provision of an aid, benefit, or service on an individual's participation in unwelcome sexual conduct; Unwelcome conduct determined by a reasonable person to be so severe, pervasive AND objectively offensive that it effectively denies a person equal access to the educational program or activity; or, "Sexual Assault," "Dating Violence," "Domestic Violence" or "Stalking" as defined in the Clery Act. 9/16/2024
5 Revised (federal=ocr) Sexual harassment definition BEFORE Unwelcome conduct of a sexual nature that creates a hostile educational environment. The conduct creates a hostile environment if it is so severe, persistent, OR pervasive that it denies or limits a student s ability to participate in, or benefit from, the educational program or activities. NOW Unwelcome conduct determined by a reasonable person to be so severe, pervasive AND objectively offensive that it effectively denies a person equal access to the educational program or activity. Note: Sexual Harassment letters no longer required. 9/16/2024
6 CALIFORNIA S DEFINITION OF SEXUAL HARASSMENT California Education Code (EC) 212.5. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions (in summary) Quid Pro Quo (this for that) submission or rejection to the conduct is a condition of employment or academic standing or progress, the conduct is used as the basis for employment or academic decisions, and/or it is used for any decision affecting the individual regarding benefits and services, honors, programs, activities, etc. The conduct has the purpose or effect of having a negative impact upon the individual s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment. 9/16/2024
7 Sexual Harassment under Title IX 9/16/2024
8 Is it Sexual Harassment? Handle it Under Title IX Protocols? Most common: Severe AND Objectively Offensive AND Pervasive, OR Quid Pro Quo (this for that), OR Clery Act Conduct (Sexual Assault, Dating Violence, Domestic Violence, Stalking) 1. 2. 3. 9/16/2024
9 Responsible Reporters ALL school employees are RESPONSIBLE (REQUIRED) to report known or suspected student sexual harassment to an administrator or designee. Administrators must inform ALL staff they are responsible reporters for sexual harassment. If they suspect sexual harassment, they are required to report it to administration or designee (mandatory training of Title IX compliance overview). 9/16/2024
10 What Should the School Do? 1. District employee receives report of potential sexual harassment involving student(s). Employee is required to report to Admin (Responsible Reporter.) 2. Admin (designate a T9 site person) reports to and consults with T9C. 3. Preliminary INQUIRY into report. Who, what, where, when? JURISDICTION (SUBSTANTIAL CONTROL)? 4. Site IMPLEMENTS and DOCUMENTS (in PowerSchool) Supportive Measures to protect both complainant(s) and respondent(s). 5. Admin or designee (or T9C) informs parties of right to file formal complaint and provides contact information for filing. 6. With the information you have, does the report appear to rise to the level of the OCRs definition of sexual harassment? 9/16/2024
11 YES, the report rises to the OCR definition Sexual Harassment. 1. Admin reports to and consults with T9C. 2. Determine other necessary reporting: CPS and/or Police (typically for severe), Human Resources (involving employee). 3. Possibility of emergency removal requires individualized analysis, immediate threat to physical health/safety, and notice with opportunity to challenge. This process isTBD. 4. If report is severe, and complainant doesn t want to file a formal complaint, the T9C may be required to file the formal complaint. 5. DO NOT investigate and DO NOT assign consequences. 6. Supportive Measures to protect ALL students: Assign (approved by T9C), implement, document 9/16/2024
12 NO, the report DOES NOT rise to theOCR definition Sexual Harassment. 1. Admin reports to and consults with T9C. 2. Site will likely proceed under a different policy (not T9) bullying, discrimination, harassment, district s Uniform Discipline Plan, etc. 3. If so, investigate, make a finding, assign further supports, interventions, etc. 4. If allegation substantiated, assign consequences. 9/16/2024
13 Formal Complaints Must be filed in writing by complainant or T9C to T9 Office. T9C determines if complaint is to proceed under T9 process. If yes, then it proceeds at district level: Notice of Allegations, Investigation, Determination, Appeal (if filed by complainant or respondent). Under T9, these all must be different people. If no, it proceeds under the Uniform Complaint Procedure under. (Likely the site has already completed investigation.) Adult-to-Student, Student-to-Adult, Adult-to-Adult: Through T9 and HR. Supportive Measures still required. Follow HRs determination for investigation. 9/16/2024
14 Is it Sexual Harassment? Handle it Under Title IX Protocols? Most common: Severe AND Objectively Offensive AND Pervasive, OR Quid Pro Quo (this for that), OR Clery Act Conduct (Sexual Assault, Dating Violence, Domestic Violence, Stalking) 1. 2. 3. 9/16/2024
15 Scenario 1: Student-to-Student During an online classroom lesson with 34 students on Zoom, as the teacher is teaching her lesson, a naked adult male walks behind a student s screen. Many of the students see this. Parents are outraged. The teacher didn t see it. Several students did. Is this sexual harassment? What are your next steps? When in doubt call the T9 office. 9/16/2024
16 Scenario 2: Student-to-Student A male and female student are walking home together after school. The female reports to you the following day that the male student forced her to perform oral sex on him in the canyon. She reports that he told her he would beat up her little brother if she didn t do it, and that he would tell everyone on social media that it was her idea, and that she has done it to all of his friends. Is this sexual harassment? What are your next steps? When in doubt call the T9 office. 9/16/2024
17 Scenario 3 Adult-to-Student You have seen your school s female counselor interacting with several female students on various occasions in what you consider a flirty manner. You notice some girls flirt back and the counselor s demeanor is more casual than professional. There seems to be a lot of time with certain students pulled out of class and spending time with the counselor. She has also given them gift cards and other things paid for out of her own pocket. You notice she watches them when they walk away not just watching but leering. As her supervisor, you have already advised her to be careful because of your perception, but you did not write her up. Now, rumors of an inappropriate relationship student have surfaced - a teacher reports some lunch-room gossip to you. Is this sexual harassment? What are your next steps? When in doubt call the T9 office. 9/16/2024
18 Scenario 4: Student-to-Student A parent comes into your office first thing Monday morning to report her daughter received a text from a male student over the weekend. The text says, Do you want to F***? The parent is so upset she wants to change her daughter s school. The two students have been flirting a little, but don t know each other well. The boy who sent the text says he thought it would be an ice breaker because he had a crush on the girl. Is this sexual harassment? What are your next steps? Do your ideas change if you know the boy who sent the text has pending charges for an alleged sexual assault (different alleged victim) that happened over the summer? 9/16/2024
19 When in doubt or for questions CALL OR EMAIL ME!! Lynn Ryan lryan@sandi.net District Cell phone: 619-634-0370 Office: 619-725-7225 Staff Portal Departments Title IX Support Materials link APs and ACs for Title IX OCR links ALL to be REVISED 9/16/2024
20 Relevant Admin Procedures & Regulations (Soon to be revised) AP 0410 Nondiscrimination on the Basis of Sex in District Programs and Activities (students) AR & BP 5145.7 (Student) Sexual Harassment AR & BP 1312.3 Uniform Complaint Procedure (no revisions necessary yet) Additional sexual harassment and T9 AR/BP may be added. 9/16/2024
