Title IX
sexual harassment
(1) An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct; (2) 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 recipient's education program or activity; or (3) "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 12291(a)(10), "domestic violence" as defined in 34 U.S.C. 12291(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a)(30).
Hostile Environment Sexual Harassment
A claim of "Hostile Work Environment Sexual Harassment" includes several factors: Was the behavior Unwelcome? "Unwelcomeness" is subjective and determined by the Complainant (except when the Complainant is younger than the age of consent) In order for the complaint to fall under the new Title IX regulations, the behavior must be Severe, Pervasive, and Objectionably Offensive, also known as "SPOO." (If the conduct does not meet the SPOO requirement, it should still be reviewed under other laws and school division policies.) Factors considered when determining if the behavior is Severe: Physical conduct is more likely to be severe It can be accompanied by threats or violence The circumstances (e.g., the ability for Complainant to remove themselves from the harassment) Factors considered when determining if the behavior is Pervasive: Was the behavior openly practiced? Was it well-known among students or employees - reputation of a department, person, etc? Did it occur in public spaces (more likely to be pervasive)? The frequency of the conduct is often a variable in assessing pervasiveness (look to intensity and duration)The type, frequency, and duration of the behavior Did the behavior have an unreasonable interference with school or job? Number of persons involved (was it group harassment) Size of the school, location of incidents, and context Factors considered when determining if the behavior is Objectively Offensive: "I know it when I see it..." Age and relationships of Complainant and Respondent Number of persons involved Type, duration, and frequency Severity Physically threatening Humiliation Intimidation Ridicule Abusive Reasonable person standard in context: The severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances ("in the shoes of the Complainant"), including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced
Core beliefs
A culture of continuous improvements drives the fulfillment of our mission. Strong partnerships with family and our community enhance our excellence An inclusive, safe, caring and challenging learning environment serves as the foundation for student growth Transparency and good stewardship of resources strengthen public trust and support
Domestic Violence
A felony or misdemeanor crime of violence committed — By a current or former spouse or intimate partner of the Complainant; By a person with whom the Complainant shares a child in common; By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner; By a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Virginia; By any other person against an adult or youth Complainant who is protected from that person's acts under the domestic or family violence laws of Virginia. To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.
Must be included in policies and procedures of The Formal Investigation
After an objective evaluation of all relevant evidence, including evidence that would support a finding of "responsible" or "not-responsible". Similarly, credibility determinations may not be based on a persons status as complaint at or respondent or witness. Include a presumption that the respondent is not responsible for the alleged policy violation until a determination is made at the conclusion of the grievance process Articulate that the burden of proof, and the collection evidence, is on the recipient not on any party Articulate that there are no restrictions on the ability of any party to discuss the allegations or gather and present relevant evidence and expert witnesses Treat complainants and respondents equitably Include equal opportunity for all parties to present and suggest witnesses and to submit Inculpatory and exculpatory evidence in the process
Sexual Assault
Any sexual act directed against another person, without the consent of the Complainant including instances where the Complainant is incapable of giving consent. Forcible Rape - Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant. Forcible Sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person's will or not forcibly or against the person's will (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. Sexual Assault with an Object - To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will or not forcibly or against the person's will (non-consensually) in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity Forcible Fondling - The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person's will (non-consensually) or not forcibly or against the person's will in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity. Incest - Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by [insert state] law. Statutory Rape - Nonforcible sexual intercourse with a person who is under the statutory age of consent in your state. (The age of consent in Virginia is 18.)
Plans, directs and evaluates the work of Title IX investigative and training staff
As a CPS supervisor I oversee the work of a number of individuals. This included the investigative process or their joint work with other agencies. When a case if first assigned I staff the case with the specialist to develop a plan to respond.
Strategic Goals (LCPS)
Develop knowledgeable critical thinkers, communicators, collaborators, creators and contributors Cultivate a high preforming team of professionals focused on our mission and goals Deliver effective and efficient support for student success
Roles and Responsibilities
Division Tile IX Coordinator Deputy Title IX Coordinator Site Coordinator/Intake Officer Investigator Decision Maker Appeal Reviewers
LCPS Mission
Empowering all students to make meaningful contributions to the world
Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to — Fear for the person's safety or the safety of others; or Suffer substantial emotional distress. For the purposes of this definition: A course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property. Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling. The TIX regulations insist this definition not be interpreted to violate the First Amendment.
Conducts or overseas investigation of complaints of sexual discrimination, harassment and misconduct, including written reports of findings and recommendations.
In CPS I have conducted over 1000 (probably close to 2000) investigations/assessments related to child abuse/neglect. Many of the investigations were of Sexual abuse. I have collaborated with LE/HRTD during investigations involving LCPS employees accused of sexual abuse. I am trained in FI, Reed and conducting investigations.
Prepares a variety of required and ad-how statistical and narrative reports
In CPS we provide weekly statistical reports to our quality assurance team, at times there are narrative requirements.
Communicates with complainants and respondents regarding the complaint process, reporting, available resources interim and supportive measures and resolution options.
In CPS when conducting an investigation / assessment one of the mandates is to ensure that any person subject to an investigation/assessment are entitled to certain rights. It is a part of the role to ensure that that information including about the process, options, available resources and potential outcomes. Also a part of this process is ensuring the safety of children, at times we may implement safety plans, work jointly with LE concerning EPO or with the JDR for the implementation of a PO, ERO or CHINS.
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.
Student Remedies and Disciplinary Sanctions
Parent conference Removal of school privileges Restorative practice No contact with the complainant Restricting class selection/enrollment After school detention In-school restriction Suspension out of school Long-term suspension Expulsion
Title IX renamed
Patsy Takemoto Mink Equal Opportunity in Education Act
Employee Remedies and Disciplinary Sanctions
Performance Improvement Plan Memorandum of Expectation Letter of Reprimand Suspension with pay Suspension without pay Training Termination
quid pro quo
Quid Pro Quo is a Latin term, meaning, "This for That." In terms of student or staff sexual harassment complaints, it means the "submission to or rejection of unwelcome sexual conduct by an individual is used as the basis for educational or employment decisions affecting such individual."
Remedies and Disciplinary Santions
Remedies and Disciplinary Sanctions are required to be provided to a complainant when a respondent is found responsible and must be designed to maintain the complainant's equal access to education. They may be similar to supportive measures; however, remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent. Disciplinary sanctions are imposed upon a substantiated complaint under Title IX. The following is a listing of disciplinary sanctions that may be administered in Loudoun County Public Schools. These sanctions are evaluated on the severity of the infractions. This is not an exhaustive list with each situation evaluated on a case-by-case basis.
Retaliation
Retaliation is defined as conduct that may reasonably be perceived to adversely affect a person's educational or work environment because of their good-faith participation in the reporting, investigation, and/or resolution of a report of sex discrimination or sexual harassment.
Reviews and interprets relevant laws, regulations and guidance and recommends polices and procedures for compliance and effective program administration.
Reviewing and interpreting relevant laws is a key function in my role of CPS Supervisor. For example, when the VA legislature makes updates to the code it is the responsibility of the local agency to be aware of those updates and comply, even if the state has not implemented new guidance. Any changes go into effect on July 1. Often the guidance does not become available for several months. In addition to changes we are required to interpret code as each locality has the ability to interpret guidance (code) in their own way, which does create some differences between jurisdictions.
SPOO
Severe, Pervasive, Objectively Offensive
sex discrimination
Sex discrimination involves treating someone (a student, employee, or applicant) unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy
Types of Harrassment
Staff - student harassment Student - student harassment
Supportive Measures
Supportive measures are individualized services that are reasonably available during Title IX investigations. These measures are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect the safety, or deter sexual harassment. The following is a listing of several of the supportive measures that are available in Loudoun County Public Schools. Each situation will be evaluated on a case-by-case basis. Supportive Measures include, but are not limited to: Transferring to another class or school Rescheduling an academic assignment or test Academic support, extensions of deadlines, or other course-related adjustments Medical and mental health services, including counseling Providing an escort to ensure that the student can move safely between school programs and activities Referral to the Employee Assistance Program Altering work arrangements for employees Safety planning Providing school safety escorts Transportation accommodations Implementing contact limitations (no contact orders) between the parties Increased security and monitoring of certain areas of school Other tailored measures appropriate to the circumstances
History
Title IX is the most commonly used name for the federal civil rights law in the USA that was passed as part of the Education Amendments of 1972. It prohibits sex based discrimination.
Dating Violence
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship shall be determined based on the Complainant's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition — Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
Assists in monitoring and assessing division wide implementation and compliance in all areas subject to Title IX regulations
While working as a supervisor in Child Protective Services one of the responsibilities is monitoring and assessing the implementation and compliance in all program areas including CPS, In-home (prevention) and Hotline. I also apply best practice standards across the division in the implementation of the program.
Facilitates and evaluates training for all employees and for central and school based administrators responsible for preventing and responding to allegations of sexual and gender based discrimination, harassment, misconduct and retaliation
While working in CPS I have facilitated and evaluated the training of new employees in the CPS, In Home and Preventions teams. In addition I have collaborated with community resources to provide training on Mandated Reporter laws and expectations.
exculpatory evidence
any information having a tendency to clear a person of guilt or blame
Inculpatory evidence
inculpatory evidence is evidence that shows, or tends to show, a person's involvement in an act, or evidence that can establish guilt. In criminal law, the prosecution has a duty to provide all evidence to the defense, whether it favors the prosecution's case or the defendant's case. Evidence that tends to show a person's innocence is considered exculpatory evidence. For example, if a man is poisoned to death by an overdose of arsenic, and a bottle of arsenic is found in the purse of his wife, that bottle could be considered inculpatory evidence against his wife. The bottle of arsenic in his wife's purse could also be considered exculpatory evidence, tending to show the man's innocence as far as suicide is concerned.
