Title IX of the Education Amendments 1972 Overview
Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in education programs receiving federal financial assistance. This includes addressing student-on-student sexual harassment cases with guidelines outlined in the Dear Colleague Letter. The Office of Civil Rights provides significant guidance through compliance reviews and focuses on establishing Title IX Coordinators, grievance procedures, and prevention training.
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Title IX of the Education Amendments 1972 Office of Civil Rights Dear Colleague Letter (DCL) Title IX Guidance 1
Title IX: Prohibits Discrimination on the Basis of Sex in Education Programs No person in the United States shall, on the basis of sex be subjected to discrimination under any education program or activity receiving Federal financial assistance. 2
OCR Call to Action 1 in 5 women will be raped in her college career. Note: 4979 women enrolled at GMC. Note: 37 female cadets enrolled. 3
Supreme Court Ruling The Supreme Court has ruled that a college receiving federal funding may have to pay damages to the victim of student-on- student sexual harassment or assault if the victim can show that the college acted with deliberate indifference to known acts of harassment in its programs or activities. 4
Dear Colleague Letter (DCL) DCL follows series of student-on-student sexual harassment cases that resulted in OCR compliance reviews at: Notre Dame College Yale University Harvard Law School University of Georgia University of Colorado University of North Carolina 5
DCL Significant Guidance Document DCL offers roadmap of how OCR will focus compliance review or analyze complaint. 6
DCL Guidance: Primary Focus Designate a Title IX Coordinator. Ensure notice of non-discrimination. Establish Title IX grievance procedures. Implement training, education, and prevention. 7
Title IX Coordinator Pat Beer is the GMC Title IX Coordinator. Mark Strom and Col Van Horn are Deputy Coordinators. The DLC Assistant Director is the DLC Title IX Coordinator. 8
OCR Recommended Training Training for any employee likely to witness or receive reports of sexual harassment and violence. Training for all involved in investigation, including investigators, hearing boards, and decision-makers. 9
Responsible Employees Any employee approached by a student who wants to report sexual misconduct .is a responsible employee as viewed by OCR. 10
Responsible Employees Vice President-level Administrators Staff Directors Supervisors Faculty members DLC Directors and Assistant Directors Athletic Coaches Cadet Tactical Officers Campus Police and Security Officers Professor of Military Science Any employee that the student believes can help! 11
Things to Get Right Be certain employees know that this is important. Be certain they know to whom they must report incidents and rumors of incidents Be certain they know they must report incidents within 24 hours Be certain they know they cannot promise confidentiality 12
Student Handbook Pages 96-112 Read this! Be familiar with our policy! Sexual Harassment Non-Consensual Sexual Contact (or attempt) Non-Consensual Sexual Intercourse (or attempt) Sexual Exploitation 13
Sexual Harassment Unwelcome advances Requests for sexual favors Verbal and/or physical conduct Must be based on gender Must be objectively offensive. 14
Sexual Harassment Quid Pro Quo Direct and obvious Latin for this for that such as grades, etc. Hostile Environment Subtle and indirect Example is disparaging comments that interfere with educational environment. 15
Sexual Harassment ALL Sexual Harassment is prohibited! 16
Sexual Violence Without consent Or, incapable to give consent (alcohol/drugs, etc.) Rape/battery Coercion 17
Conduct to avoid Pressuring students Spreading rumors about sexual matters Touching oneself in public Discussing sexually explicit topics Posting sexual material on social media Making suggestive or obscene comments Massaging any student/employee on any part of their body. Discussing sexual thoughts/fantasies 18
Duty to Report If you are a victim or a witness to gender- based misconduct, you have a DUTY to REPORT! If you are a victim, ensure you clearly tell your harasser that the behavior is not welcome and it must stop. Report to HR and/or Title IX coordinator 19
If you fail to report: Not taking action may --give the impression that we condone the behavior. --make it appear that making a complaint is futile. --subject the school to litigation 20
GMC Response GMC will take these actions: -Inform victim of options (formal/informal) -Conduct a prompt & thorough investigation -Take corrective action, if appropriate -Keep information confidential to the extent that we can. 21
5 Rules to Follow 1. Listen carefully/take complaint seriously 2. Be familiar with our policies 3. Do not promise confidentiality 4. Assure against retaliation 5. Report to HR and/or Title IX Coordinator 22
Retaliation We must safeguard against retaliation. Even if original complaint is not justified, a claim of retaliation can live on! You must treat complaining student just like all other students 23
Respectful Environment Set the right tone. Be sensitive to potential effects of the power disparity Your actions matter more than your intentions! Act professionally both on and off-campus. 24
Sample Scenarios Kim feels that the teacher calls on her more than the other students. Instead of turning in midterm exam, she makes a sexual harassment complaint to the Dean about the teacher. What should teacher do? 25
Sample Scenarios One of your students asks you out on a date. What should you do? Complicating factors: Students Employees Students who are also employees Employees who are also students 26
Sample Scenarios You overhear a female student say that, after weeks of pressuring, she went out on a date with a male student off campus. He supplied her with alcohol until she consented to have sex. What should you do with this information? 27
Sample Scenarios A sexually-explicit joke is posted to the class Facebook page. What should you do? 28
Sample Scenarios A male student reports to the teacher that other students in class are picking on him and calling him gay. What should the teacher do? 29
Sample Scenarios A male athlete tells his coach that another male athlete is coming on to him. To be fair, the coach suspends both athletes from the next game. Is this the right thing to do? If yes, why? If not, why not? 30
Sample Scenarios A male student has consensual sex with a female student off campus. Upon returning to campus, the female students tells her friends about the male student s poor performance. As a result, the male student is greeted with snickers and jokes when he comes to school. How is this our problem? 31
Final Thought You cannot go wrong by reporting your concerns to the proper authorities. We will investigate to ensure that justice is done. 32
