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This Padlet is from the perspective of a school guidance counselor where the intended audience is all educators but, especially, fellow school counselors. The topic discussed is Sexual Violence Prevention and Response which was selected as it is a complex and ever-changing but very important topic that educators should be knowledgeable about in day-to-day interactions with students and coworkers.

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I interviewed Michelle Miller, J.D. who is the Special Assistant to the President and Title IX Coordinator at Angelo State University. We discussed Title IX laws and policies along with how Title IX compliance requirements impacts our campus. Being knowledgeable about Title IX in general along with the compliance requirements are important for school counselors as we are in a somewhat unique position of being a confidant to students. What this means is that students may be more willing to be open with counselors about reporting sexual violence. However, as guidance counselors, we are not licensed professional counselors and, as such, we cannot claim counselor-client privilege and are considered mandatory reporters. This means we are required by law to report sexual misconduct to the Title IX office.

Best practices to consider regarding Title IX as it pertains to sexual violence prevention and response are:

If a student begins to tell you about a sexual violence incident that occurred to them or someone they know, you should inform them of your role as a mandatory reporter. Let them know that your obligation to report these incidents does not mean that they will need to be involved in any way in the investigation if they do not wish to be involved but that you are required by law to report.

Prevention starts with educating students about Title IX and the legal ramifications that may face perpetrators of sexual violence.

Ensure that education materials are readily available and that students, faculty, and staff are aware of how and when to report incidents of sexual violence.

A current emerging issue with Title IX arises from the impending change in Executive Branch administration and what policies, laws, and guidelines will be updated, removed, and/or rewritten over the next four years. As with the changes we saw with the Trump administration, this could mean vast differences in what will be required to comply with Title IX. Educators will need to be vigilant in keeping up-to-date on the potential policy updates that will be coming.

If you would like to view the interview in total, I have provided a link to the recording below.

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Stone, C. (2012, July 1). Sexual violence among our students: The school counselor's legal role. ASCA School Counselor. https://www.schoolcounselor.org/magazine/blogs/july-august-2012/sexual-violence-among-our-students-the-school-cou

The above article is meant to inform school counselors on their role in preventing and responding to reports of discrimination and sexual harassment, which includes sexual violence. Stone (2012) discusses the legal and ethical responsibilities to the victim as well as the alleged harasser which includes conducting an investigation and respecting a request for anonymity.

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Paiva, S. (2017, November 16). Schools can help prevent more #metoo stories. Education Week. https://www.edweek.org/ew/articles/2017/11/16/sexual-assault-prevention-needs-to-start-early.html

In this article, Paiva (2017) details sexual violence prevention methods such as:

Providing self-defense and empowerment classes to young people.

Beginning sexual violence prevention classes early.

Taking initiative to propose self-defense and empowerment classes in our schools.

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Sparks, S.D. (2019, September 3). Do distressed students have a right to trauma-sensitive schooling? Education Week. https://www.edweek.org/ew/articles/2019/09/04/do-distressed-students-have-a-right-to.html

In this article, Sparks (2019) discusses three lawsuits where the results could have an impact on how educators respond to instances where a student has experienced sexual violence. These impacts include:

Ensuring that reasonable accommodations are provided to victims of sexual assaults as the trauma of sexual violence would likely qualify them as having a disability.

Ensuring that students suffering from trauma-induced learning disabilities are diagnosed correctly as having a form of PTSD and not ADHD.

Ensuring schools have the resources available to handle these trauma-informed practices to enable each student to learn.

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Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1681&num=0&edition=prelim

This Federal statutory law defines:

The prohibition of discrimination based on sex or blindness in institutions that receive Federal funding.

The prohibition of preferential treatment to one sex over the other as a result of an imbalance of participation or receipt of Federal benefits.

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Tex. Educ. Code § 51.282.
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.282
This section of the Texas Education Code (state statutory law) details:

Policy on sexual harassment, sexual assault, dating violence, and stalking.

Each institution must have a policy that is "...applicable to each student enrolled at and each employee of the institution" (Tex. Educ. Code § 51.282).

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U.S. Const. amend. 14 § 1.
https://www.archives.gov/founding-docs/amendments-11-27?_ga=2.160854971.749063577.1605922368-618000352.1605922368#toc-amendment-xiv

This constitutional law says:

All of those naturally born or naturalized in the United States are considered U.S. citizens along with citizens of the state in which they reside.

As well, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" (U.S. Const. amend. 14 § 1).

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Grove City College v. Bell, 465 U.S. 555 (1984).
https://www.uscourts.gov/educational-resources/educational-activities/grove-city-college-v-bell-facts-and-case-summary

This Supreme Court case (judicial law) found that:

Any instance where a student receives federal funding requires that schools comply with Title IX policies.

In this instance, the school refused to file an assurance of compliance with the newly established Title IX laws as the school did not receive federal funding. However, since students received Federal assistance in the form of grants, it was found that the school was bound to comply with Title IX.

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Slide #10 Local Administrative Law/Policy/Rule

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Slide #10 Local Administrative Law/Policy/Rule

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Angelo State University. (2020, August 14). Operating Policies and Procedures, O.P. 16.03. Retrieved on November 18, 2020 from https://www.angelo.edu/content/files/22689-op-1603-sexual-harassment-sexual-assault-sexual

The resource above is from Angelo State University's Operating Policies and Procedures (administrative law) regarding sexual harassment, sexual assault, sexual misconduct, and Title IX policy
and complaint procedure.  This operating policy is applicable to students, faculty, and staff.

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American School Counselor Association (ASCA). (2016).  ASCA ethical standards for school counselors. Retrieved on November 18, 2020 from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Standard A.11.a. of the ASCA ethical standards for school counselors requires that counselors, "Report to the administration all incidents of bullying, dating violence and sexual harassment as most fall under Title IX of the Education Amendments of 1972 or other federal and state laws as being illegal and require administrator interventions. School counselors provide services to victims and perpetrator as appropriate, which may include a safety plan and reasonable accommodations such as schedule change, but school counselors defer to administration for all discipline issues for this or any other federal, state or school board violation" (ASCA, 2016, p.5). This is relevant to the topic of sexual violence prevention and response in that it details the requirement for counselors to report sexual violence incidents per the policy of Title IX. It also details that students who have experienced trauma as a result of sexual violence be afforded reasonable accommodations in order to have the best opportunity to be in the frame of mind to learn.

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Slide #12 Personal Connection to the Legal and Ethical Standards

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Slide #12 Personal Connection to the Legal and Ethical Standards

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Sexual violence prevention and response is a deeply personal issue to me. As a woman and as an employee of Angelo State University, I feel that it is partly my responsibility to provide a place that is welcoming and safe for all women. I feel that this assignment has armed me with knowledge and resources to impact change on my campus in providing prevention strategies and has reinforced my conviction to prevent and respond to sexual violence at ASU.

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Slide #13 Bulleted list of recommendations/best practices for compliance

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Slide #13 Bulleted list of recommendations/best practices for compliance

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If a student begins to tell you about a sexual violence incident that occurred to them or someone they know, you should inform them of your role as a mandatory reporter. Let them know that your obligation to report these incidents does not mean that they will need to be involved in any way in the investigation if they do not wish to be involved but that you are required by law to report.

Always report sexual violence incidents to your campus Title IX office or school administration.

Ensure that students are educated about Title IX and the legal ramifications that may face perpetrators of sexual violence.

Ensure that education materials are readily available and that students, faculty, and staff are aware of how and when to report incidents of sexual violence.

If a student wishes to pursue an investigation regarding a sexual misconduct incident but wishes to remain anonymous, you must do everything possible to ensure the student's anonymity.

Bring sexual violence prevention strategies such as self-defense and empowerment classes along with trauma-sensitive schooling needs to the attention of school and/or district administration as an added measure of creating campuses that are safe for all students.

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American School Counselor Association (ASCA). (2016).  ASCA ethical standards for school counselors. Retrieved on November 18, 2020 from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

Angelo State University. (2020, August 14). Operating Policies and Procedures, O.P. 16.03. Retrieved on November 18, 2020 from https://www.angelo.edu/content/files/22689-op-1603-sexual-harassment-sexual-assault-sexual

Grove City College v. Bell, 465 U.S. 555 (1984).

Paiva, S. (2017, November 16). Schools can help prevent more #metoo stories. Education Week. https://www.edweek.org/ew/articles/2017/11/16/sexual-assault-prevention-needs-to-start-early.html

Sparks, S.D. (2019, September 3). Do distressed students have a right to trauma-sensitive schooling? Education Week. https://www.edweek.org/ew/articles/2019/09/04/do-distressed-students-have-a-right-to.html

Stone, C. (2012, July 1). Sexual violence among our students: The school counselor's legal role. ASCA School Counselor. https://www.schoolcounselor.org/magazine/blogs/july-august-2012/sexual-violence-among-our-students-the-school-cou

Tex. Educ. Code § 51.282.

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681.

U.S. Const. amend. 14 § 1.