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Sexual discrimination, violence, prevention, and response is a topic that is gaining a great deal of importance at all levels of education. In these slides I will provide a legal and ethical guide for higher education administrators in the context of sexual violence, prevention, and response. I chose this topic because recently the Office of Civil Rights (OCR) has seen problems in public high schools, elementary, and secondary institutions that raise disturbing issues as the number of sexual violence complaints increase. (U.S. Department of Education, 2020)

U.S. Department of Education. (2020, March 19).  OCR Short Webinar on Sexual Violence in Public Schools [Video]. Youtube. https://www.youtube.com/watch?v=oqsroXvzRAc

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Any educational institution that is receiving federal funding must comply with the prohibition of sex discrimination know as Title IX. With guidance from the Supreme Court decisions and support from the U. S Department of Education this statute covers topics concerning sexual harassment and sexual violence. Schools are legally obligated to say something in response and resolve any hostile educational environments. Failure to do so can lead to serious consequences such as determination and schools losing federal funding for a violation.  (Education Amendments Act of 1972, 2018).

Most recently on August 14, 2020 the Department of Justice put into effect the last Title IX regulations. Many school has had to adjust their policies and procedures in the middle of this pandemic. The Department of Education created new definitions and guidelines from important court cases. The DOE want to align its regulations from case laws.

Education Amendments Act of 1972, 20 U.S.C. §§1681 et seq.

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The website below is a toolkit that educators, administration, and students can use to get a quick summary of what the final regulations of Title IX cover and do not cover. This is important for everyone as it applies every one inside of higher education institutions. This toolkit brings awareness in a way that is brief, understandable and informative.

Know Your IX (Ed.). (2020, July 20). Hands Off IX: Title IX Under Trump. Retrieved November 19, 2020, from https://www.knowyourix.org/college-resources/hands-off-ix/

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In 2017, Secretary of Education, Betsy Devos, began the process of rolling back years of civil rights protections for students across the country by rescinding guidance on Title IX.

Last year, we made our voices heard by participating in the Notice and Comment process, collecting over 100,000 comments in support of student survivors and enforcement of Title IX that is fair for everyone. Since then, the Department of Education has been reviewing these comments and revising their proposed changes to Title IX. Now, in the middle of a pandemic, the final rules have been released, and schools have until August 14th to alter their policies-rolling back rights for survivors in their communities. Student survivors who are already struggling to complete their education during a public health crisis are now tasked with responding to changes that roll back our rights.

But our fight isn't done yet. We won't fall back and watch as students' civil rights are ripped away. We need your help to mitigate the harm of Devos' final rule by organizing in your community to protect student survivors.

Need more help navigating the Toolkit or organizing in your community? Reach out to us at info@knowyourix.org.

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Hands Off IX: Title IX Under Trump - Know Your IX

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In 2017, Secretary of Education, Betsy Devos, began the process of rolling back years of civil rights protections for students across the country by rescinding guidance on Title IX. Last year, we made our voices heard by participating in the Notice and Comment process, collecting over 100,000 comments in support of student survivors and enforcement of Title IX that is fair for everyone.

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This article discusses how school currently measure improvements in sexual misconduct incident.  The number of reports is an indicator and if those number of reports increases that is actually a good sign.

The thinking is that if student trust the resolution process and feels like the campus is a supportive climate, then more students would feel comfortable enough to report incident of sexual misconduct.

The article also discusses trainings that educators must attend and if conducting improperly these trainings can cause harm. The approach that has shown the most success working with departments individually and understand their culture and respond to specific needs.

Since the pandemic it has been a challenge prevention education to provide the best support for people needing their services. However, they still provided mental health resources, speakers, and virtual programs.

The Chronicle of Higher Education (Ed.). (2020, October 15). Where Colleges Stand on Sexual Misconduct and Title IX. Retrieved November 19, 2020, from https://www.chronicle.com/article/where-colleges-stand-on-sexual-misconduct-and-title-ix

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In such a short time, and in a school environment that is drastically changing day-to-day schools are going their best to implement the new Title IX guidelines.

Some student advocacy groups such as the survivors of sexual assault have condemned these plans as they were excluded from the new Title IX policies. Student organizations alike also fear that school will not hold themselves accountable for off campus assaults or will fail to address inherent trauma.

Some colleges and institutions have issue the new Title IX regulations and policies along with their own along with their own guidelines and policies on sexual violence to support victims of sexual assault.

Anderson, G. (2020, August 14). Colleges implement changes to meet Title IX deadline. Inside Higher Education. Retrieved November 20, 2020, from https://www.insidehighered.com/news/2020/08/14/colleges-implement-changes-meet-title-ix-deadline

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Slide 6 Title IX of the Education Amendments of 1972 

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Slide 6 Title IX of the Education Amendments of 1972 

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Title IX is a statutory law that forbids discrimination of sex in education programs and activities at all public and private elementary, secondary schools, colleges, and universities. Schools receiving federal funds must comply with Title IX (Education Amendments Act of 1972, 2018). Discrimination of sex can include sexual harassment, sexual violence, and sexual coercion. Below are a few new added topic that are covered by title IX.

Colleges are now held responsible for off campus sorority and fraternity school-sanctioned sexual harassment incident.

At hearings survivors are now protected from coming face-to face with the accuser.

Schools are required to offer equal rights appeals for both the survivor and the accuser to a Title IX proceeding.

Education Amendments Act of 1972, 20 U.S.C. §§1681 et seq.
https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter38&edition=prelim

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Slide 7 Gebser V. Lago Vista Independent School District  

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Slide 7 Gebser V. Lago Vista Independent School District  

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This judicial law is very important when discussing Title IX as the Department of Education strictly aligns its policies with the court rulings. The court held a school can be liable for monetary damages if a teacher sexually harasses a student, an official who has authority to address the harassment and actual knowledge of the harassment, and that official decides to not respond to the harassment. The school will be liable for monetary damages in this incident and mostly likely take a hit to their federal funds.

Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)
https://supreme.justia.com/cases/federal/us/524/274/

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Slide 9 Davis V. Monroe County Board of Education

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Slide 9 Davis V. Monroe County Board of Education

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This judicial law is important when discussing Title IX as it has aligned the final regulations to reflect this court ruling. This court found that if an authoritative official is knowledgeable of a sexual harassment case and says nothing the school can be liable for monetary damages. In addition, this case includes an authoritative figure turning a blind eye when a student sexually harasses another student in a school program.

Davis v. Monroe County Board of Education, 526 U.S. 629, (1999)
https://supreme.justia.com/cases/federal/us/526/629/

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UTEP policy on sexual misconduct is not tolerated as the university is in compliance with Title IX and Title VII. The university encourages individuals to report incidents that violate this policy to Title IX coordinators. Constitutionally freedom of speech is protected and can not be considered as sexual misconduct. If a staff member becomes aware of a sexual misconduct incident, they should report it to the UTEP police department.

University of Texas at El Paso. (2020). University Handbook on Operating Policies and Procedures. Sexual Misconduct, OP 3.01.
https://www.utep.edu/hoop/section-6/ch-3.html

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RAINN (Rape, Abuse, & Incest National Network) is the largest anti-sexual violence organization in the nation. They created the hotline for sexual assault and also works with the Department of Defense to provide services for sexual assault survivors. They provide shocking data and statistics about sexual assault across the nation. One of the more interesting things is the organization has a policy action center where individuals can join the fight for certain policies and laws that protect survivors and prevent sexual violence.

https://www.rainn.org/

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Looking at the Council for the Advancement of Standards in Higher Education section 9.5 Communication of Ethical and Legal Obligation. This section is to inform higher education employees of limitations of codes, laws, and requirements. Section 9.6 also discusses areas that practitioners must abide to when addressing harassment and hostile work environments.

CAS Standards in Academic Advising . (n.d.). Retrieved June 6, 2020, from https://blackboard.angelo.edu/bbcswebdav/pid-2469772-dt-content-rid-24589375_2/courses/30201.202030/TEMP.EDG6367.Instructor_ImportedContent_20171102111315/CAS Standards Academic Advising.pdf

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Slide 8 The Violence Against Women's Act (VAMA)

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Slide 8 The Violence Against Women's Act (VAMA)

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VAMA is a federal law that gives states and community's resources and supportive services that are compressive, effective and cost saving. VAMA is renewed every five years, and each reauthorization is built upon existing protections and programs that provide safety and justice for local and statewide victims. One enhancement that was made by VAMA 2013 reauthorization is the access to safety for the native Americans and LGBTQ survivors.

Violence Against Women Act of 1994, 42 U.S.C. §§ 13701 (1994).

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First always read and understand institutional policies and procedures regarding sexual misconduct, harassment and hostile work environments.

Understand that there is a consequence of not doing anything while having knowledge of sexual misconduct.

Understand who is liable in situations where codes, laws, or ethical standards are not followed.

If you see something say something. Our job is to keep students safe and establish a safe academic environment.

Create opportunities to increase safety on campus and create a welcoming environment.

Never condone in any form of sexual harassment, discrimination, or violence.