For example, the Title IX coordinator may not also sit on a disciplinary board or serve as legal counsel to the college. While sexual misconduct complaints may be resolved through informal mechanisms, such as mediation, students are not required to use informal methods of grievance resolution and should not be pressured into such a process. In addition to being obligated to survivors, schools must address hostile educational environments created by sex discrimination, sexual harassment, and sexual violence school-wide.
Addressing a hostile environment means remedying a current situation, addressing its effects, and preventing its recurrence in the future. Schools may meet this obligation through providing educational and awareness programming on sexual harassment or discrimination. Employee Training: Both the Clery Act and Title IX rule require school employees that address sexual violence complaints to have appropriate training.
The U. Department of Education ED also recommends that professors, campus police, administrators, counselors, health center staff, cleaning staff, coaches, resident advisers and others likely to receive reports be trained on how to identify and report sexual harassment and violence. Employee Training: Both the Clery Act and Title IX Guidance require school employees that address sexual violence complaints to have appropriate training.
Schools are required to be prompt when receiving a complaint of sex discrimination, sexual harassment, or sexual violence in order to remedy any hostile educational environment created by such behaviors. If the length of your investigation has impeded on your access to an education and further created a hostile environment you may have grounds for an OCR complaint.
While a school may delay its response to accommodate a police investigation, schools that delay the Title IX complaint process unreasonably are in violation of Title IX. Title IX applies to schools, local and state educational agencies, and other institutions that receive federal financial assistance from the Department. These recipients include approximately 17, local school districts, over 5, postsecondary institutions, and charter schools, for-profit schools, libraries, and museums.
Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories of the United States. A recipient institution that receives Department funds must operate its education program or activity in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity. Also, no recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in a proceeding under Title IX.
For a recipient to retaliate in any way is considered a violation of Title IX. OCR vigorously enforces Title IX to ensure that institutions that receive federal financial assistance from the Department comply with the law.
Felice was always very direct and respectful even though the subject matter was very personal, and she was always ahead of the school in terms of getting me and them important information at every step.
It was like having the best scouting report ever. The first thing that really impressed me was that from the very first call Christine quickly understood what was going on and was able to read between the lines to understand the complicated dynamics of the situation. Despite my entire career being spent in academia, I didn't know much about Title IX procedures. Her expertise and knowledge of the process was immediately apparent and critically helpful in guiding me and giving me as much peace of mind as possible..
Christine knew how to spot the important subtext throughout the process and made sure I understood the strategic options I had at every stage going forward. I felt very confident in the decisions we made together. I felt vindicated by the decision and that this situation will have no further effects on my career. I am very grateful to Christine and Duffy Law for guiding me through this stressful process and recommend them without reservation to any faculty member facing a similarly challenging situation.
While I had initially retained another attorney on a recommendation, it turns out they did not have much insight to the inner workings of university policy, which I learned is NOT required to follow the basic laws of due process.
Felice was absolutely incredible, and as an athlete, she understood my thought process and feelings the entire way. This is what stood out the most to me. And I would bet there are those who are saying that the time to talk about Title IX was last month. But is that really true? We can and must celebrate the success gained by that simple sentence over the last 45 years.
Because of that legislation, women have more access to opportunities in the classroom and in sports than ever before. And probably without the law, we probably would not be able to field a competitive Team USA to properly represent the country that gave the opportunity in the first place!
But I also know we still have a long way to go until we have true equity between men and women. Some schools still fail to properly implement and enforce Title IX.
Have you ever wondered what sports would look like if Title IX or simple principles of fairness applied at the professional level? Title IX, after all is built on principles of equity. So, if those same principles applied to my league, for example, players in the WNBA would:.
Those are all Title IX considerations, which means that is what high school and college administrators are supposed to monitor for young athletes in their school programs. There is more to it, for sure. But this is a starting point for the larger conversation. Honestly, those kinds of improvements in travel, facilities, rehab services, etc, would be a significant step for professional athletes in my sport—a huge step for all those professional athletes who happen to be women.
We would feel valued. But the overall point about the effects of inequities on long-term motivation is not lost on any of us.
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