Eduhero - Title IX in Schools

Exceptions to access

- bodily contact - ability - sex education - ability to sing - improve educational achievement - meet identified needs - objectives implemented in an evenhanded manner - enrollment is voluntary - another class of equal merit is offered

Office of Civil Rights (OCR)

- investigates complaints - obtain requested info - issue findings - monitor resolution agreements - initiate enforcement action

Title IX (2020)

- new definition of sexual harassment - new reporting requirement to Title IX Coordinator

Schools may:

- provide equal facilities treat players in an equal manner -treat players in an equal manner

Title IX - types of Sexual Harassment

- sexual violence - rape - sexual touching: over/under clothing

Sexual Harassment of Students under Title IX

- sexual violence/sexual touching - coercion or pressure to engage in sexual acts - sexual comments: verbal abuse/rumors - sexually explicit drawings/written materials - sexually charged names - spreading sexual rumors - rating students on sexual activity - circulating emails or websites of a sexual nature - includes off-campus dating violence

Schools may not:

- subject any person to separate or different rules of behavior, sanctions, or other treatment - provide or provide in a different manner aid, benefits or or services - treat students differently for aid, benefit, or service

Sexual abuse must be reported to:

- superintendent - State Board for Educator Certification

What is considered corrective action?

- training program for people involved and the school community - counseling for victim & offender - follow-up & inquiry into new incidents or retaliation

Sexual harassment does not include:

-acts of teasing and name-calling among school children, even when differences in gender are targeted.

OCR Investigation Elements

1. Complaint Evaluation 2. Early Complaint Resolution OR Rapid Resolution Process 3. Full Investigation - access to records & accounts, including electronic data - individual & group interviews - parental consent to interview minors 4. Resolution 5. Non-Compliance Determination

Private schools that do not receive federal funding are held liable to Title IX. A) True B) False

B) False

The term sexual harassment is only applied to incidents between a staff member and a student. A) True B) False

B) False

Title IX applies only to the school athletics programs. A) True B) False

B) False

Title IX does not allow for anyone other than the victim to make a report of sexual harassment. A) True B) False

B) False

Under Title IX, a school is allowed to subject any person to separate or different rules of behavior, sanctions, or other treatment. A) True B) False

B) False

Which of these items can be considered sexual harassment under Title IX? (Select all that apply) Select one or more of the following: A) A poor grade for incomplete work B) Sexual comments or rumors C) Circulating texts of a sexual nature D) A one time occurrence of a fist fight between students E) Sexual violence or sexual touching F) Sexually explicit drawings or written materials G) Denial of food service when school account reaches zero

B) Sexual comments or rumors C) Circulating texts of a sexual nature E) Sexual violence or sexual touching F) Sexually explicit drawings or written materials

A student who believes that he/she has experienced ___________ harassment should immediately report the alleged acts to a teacher, counselor, principal, or other District employee. A) bullying B) sexual C) principal D) committed E) stopped F) parent

B) sexual

When was the Title IX Education Amendment passed? A) 1772 B) 1872 C) 1972 D) 2002

C) 1972

When a sexual harassment report is made, investigations may be conducted by the district coordinator or a designee, such as a principal, or A) The student that made the report B) A parent of the accused C) A third party, such as an attorney D) A parent of the victim

C) A third party, such as an attorney

There are exceptions to Title IX prohibitions. For example: A) Higher math can be available only to girls. B) Boys and girls must have separate dining facilities. C) Boys and girls can be separated for human sexuality classes. D) Boys and girls must be separated in non-contact sports

C) Boys and girls can be separated for human sexuality classes.

Which of these items fall under the "Equal Opportunity" requirements of Title IX? (select two): Select one or more of the following: A) Ability to win most events B) Transportation to and from the game C) Provision of housing and dining facilities and services D) Opportunity to receive coaching and academic tutoring

C) Provision of housing and dining facilities and services D) Opportunity to receive coaching and academic tutoring

Which of these items would be considered corrective action? (Select all that apply): Select one or more of the following: A) Editorial in school paper B) Verbal warning C) Training program for those involved D) Counseling to victim and the offender E) Follow-up inquiries to look for new incidents or retaliation

C) Training program for those involved D) Counseling to victim and the offender E) Follow-up inquiries to look for new incidents or retaliation

Examples of "contact sports" that can have separate teams for males and females are: A) Boxing B) Wrestling C) Hockey D) All of the above

D) All of the above

The following actions can be considered sexual harassment under Title IX: A) Sexual violence or sexual touching B) Coercion C) Sexual comments D) All of the above

D) All of the above

The student shall not be required to report to person alleged to have __________ the conduct. A) bullying B) sexual C) principal D) committed E) stopped F) parent

D) committed

Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, including sexual harassment.

Enforcement Action

OCR refers the case to the DOJ for judicial proceedings and decisions to suspend, terminate, or refuse federal funding through Title IX.

Title IX Sexual Harassment Definition (1972)

sexual misconduct so severe, persistent, and pervasive as to deny or limit a student's ability to participate in or benefit from the school's programs or activities

Quid Pro Quo

this for that

When a recipient operates a team in a particular sport for one sex, but not another, excluded members must be allowed to

try out for the team unless it is a contact sport.

Title IX applies to

intercollegiate athletic programs, law schools, and federally funded educational programs

Coercion

pressure to engage in an act

Case Processing Manual (CPM)

provides details for complaint processing, assessment, conclusion, resolution, and referrals

Title IX prohibits ______________ on the basis of sex, including sexual harassment, in _______________ programs and activities that received ___________ assistance. aid, federal, state, discrimination, agricultural, educational

1. discrimination 2. educational 3. federal

Students may bring a civil suit against the _________________, but not ________________ ______________.

1. institution 2. individual employees

Title IX requires that schools must have adequate sexual harassment procedures. The school must:

1. provide notice of grievance procedures 2. respond to complaints 3. ensure full investigation 4. follow a time frame 5. notify involved parties 6. take prevention steps

The proper steps of a sexual harassment investigation are

1. report made 2. scope released 3. method released 4. specific findings released

A school or district that receives federal funding shall not:

1. treat one person differently 2. provide different aid 3. deny any person 4. subject any person to separate or different 5. apply any rule concerning the domicile 6. aid or perpetuate discrimination 7. otherwise limit any person

State law requires that district employees report suspicions of sexual abuse or neglect within how many hours? A) 24 B) 72 C) 48 D) 8

A) 24

What is the time frame under State Law for reporting suspicions of sexual abuse or neglect? A) 24 Hours B) 48 Hours C) 72 Hours D) 96 Hours

A) 24 Hours

Title IX requirements apply to any: A) Education program or activity receiving federal financial assistance. B) Food or agricultural co-op. C) Foreign entity. D) Private school not receiving federal financial assistance.

A) Education program or activity receiving federal financial assistance.

An enforcement action may include: (Select two) Select one or more of the following: A) Referring cases to the Department of Justice B) Mandatory suspension of students involved C) Suspension of federal financial assistance D) Immediate dismissal of staff involved

A) Referring cases to the Department of Justice C) Suspension of federal financial assistance

A student or parent dissatisfied with the outcome of an investigation may appeal to the local school board, and has a right to file a complaint with Office for Civil Rights (OCR). A) True B) False

A) True

A teacher offering a student a passing grade in exchange for a sexual act is considered sexual harassment. A) True B) False

A) True

Schools under Title IX are allowed, based on vocal range or quality, to maintain choruses of one or predominantly one sex. A) True B) False

A) True

Title IX changed female involvement in school activities, including tutoring, financial assistance, counseling, student health and sports. A) True B) False

A) True

Title IX is a federal law that prohibits discrimination on the basis of ________. A) sex B) age C) religion D) race

A) sex

Which of the following are separate but equivalent: A) sex ed class B) locker rooms C) contact sports D) teams based on competitive skill E) teams in non-contact sports F) English class G) science class H) field or stadium

A, B, C, D

Select every sport considered a "contact sport" under Title IX A) football B) golf C) track & field D) wrestling E) basketball

A, D, E

Select all items covered under Title IX. A) financial assistance B) traffic violations C) voter registration D) student health E) tutoring F) athletics G) courses

A, D, E, F, G

contact sports exception

School may discriminate between genders in sports whose purpose of major activity involved bodily contact, including football, boxing, wrestling, rugby, ice hockey, and basketball.

grooming

The process used by predators to gain the trust of victims and to build false relationships, may not be overtly visible

Failure to report is a CLASS A Misdemeanor and carries

a fine not to exceed $4,000, jail time not to exceed 1 year, or both.

Title IX Hostile Environment Component (2020)

consider whether the conduct is severe, and pervasive, and objectively offensive - may not include highly derogatory terms if not pervasive - includes quid pro quo, sexual assault, dating violence, domestic violence, and stalking

Sexual contact with a student, even an adult student, is a

felony