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Title IX and the Office of Residence Life

In the Offices of Residence Life, Resident Advisors are needed to understand Title IX. As Directors, we need our staff to be ready to understand what Title IX is and how we can be prepared as a team.

Why we are choosing Title IX as a focus is that after the transition of the 2020 Presidential Election, Title IX regulations have been updated across the country and we as a staff need to be prepared.

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This legal guide is necessary for Residence Life staff as we are mandatory reporters. We are the front line to protecting our students and we need to be ready to know how, where, and who to report anything protected within Title IX. This subject runs our organization as it impacts every piece of our documentation within ORL.

Things we need to be aware of as Student life and Campus Life is Gender Identity and the installment of a new President and Administration. We saw a massive change to Title IX with Donald Trump and Betsy DeVos and now with a change with Joe Biden and Miguel Cardona we have to keep updated on new laws and executive orders. Lately this has included protections on sexual orientation and gender identity, we as ORL staff must stay up to date to protect each student.

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Raising the Stakes on Title IX Compliance: Jill Dunlap
Jill Dunlap talks about how the influence of new legislature is impacting Colleges across the nation. In Texas in 2020, administrators were now required to report any sexual misconduct to their Title IX office.

This Impacts us at JMU because we are already mandated to be mandatory reporters. I want you all to understand just how important your role is to allowing our students to feel safe.

Link: https://www.naspa.org/blog/raising-the-stakes-on-title-ix-compliance

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Inside Higher ED

A graduated student found that under Trump Title IX law that her report of being assaulted off-campus was filed to far past her graduation date for the University to do anything about it.

We as RA's take all of these cases seriously and defend both the student accused and the accuser until due process has been completed.

At JMU any case both on-campus and off-campus in regards to any student conduct can be heard at any time and reported to an RA, HD, Title IX Coordinator, and JMU PD.

Link: https://www.insidehighered.com/news/2021/06/25/campus-safety-advocates-push-federal-emphasis-clery-act

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Inside Higher ED

A new mandate put into place by Joe Biden not protects all members from the LGBTQIA+ community from being discriminated in the workplace based on these factors.

We as RA's must be on the watch for any discrimination within our dorms by anyone to another student regardless of Race, Heritage, Gender, and Sexual Identity.

ITs the most important role you have as an RA. Make sure every student has a safe place to call home.

Link: https://www.insidehighered.com/news/2021/07/16/institutions-consider-title-ix-protections-lgbtq-students-light-ocr-notice

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Constitutional Law: XIV Amendment (U.S. Const. amend. XIV).

Link:http://hrlibrary.umn.edu/education/all_amendments_usconst.htm

This Amendment states that all citizens are allowed equal protection under the law. No State or Federal Entity may infringe on any individual rights.

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Statutory Law: Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681).

Link:https://www.justice.gov/crt/title-ix-education-amendments-1972

This Amendment to the Education Act states that no individual based on their sex may be discriminated against in any federal funded education program or activity.

This includes Public Universities, Public Schools, Parks and Rec Sports, and Tax Paid activities.

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Administrative Law: Executive Order 13988 (86 FR 7023)

Link:https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation/

Issued by Joe Biden in 2020, EO 13988 states that all persons should receive equal treatment under the law.

Reestablishes the power of Title IX to prohibit discrimination based on gender, identity, and sexual orientation.

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Judicial Law: Grove City v. Bell (Grove City V. Bell, 468 U.S. 555, 1984)

Link:https://supreme.justia.com/cases/federal/us/465/555/

According to the Supreme Court, Title IX was only allowed to apply to specific programs like financial aid.

Under this guideline, Athletic Programs and Residence Life policies took a step back and were considered not covered by Title IX.

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JMU Policy 1346: Title IX & Sexual Harassment

Link: https://www.jmu.edu/JMUpolicy/policies/1346.pdf

This JMU Policy was adapted after the Executive Order was released by President Joe Biden.

It reinstates the Title IX power to a public university.

It states that no student at JMU based on the color of their skin, gender identity, or background can be discriminated against on any way on JMU's campus.

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Unwanted Harassment and Stalking at JMU

Your role is one that requires a lot of attention to detail. You are the eyes of the building. When we notice things like Stalking becoming apparent but refuse to report for fear of retaliation, this becomes a much larger issue to JMU. You are here to protect, document, and observe all aspects of your dorm. This information is pertinent to your success as an RA.

Link:https://www.jmu.edu/osarp/handbook/OSARP/standardsandpolicies.shtml#Set-2-A-harassment

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The Transformation of Title IX: Regulating Gender Equality in Education

This book sets the the precedent of how legislatures have abused, changed, and subjugated the Education Amendments to the whim of what they need. Ms. Melnick build on how it has impacted the role of educators since its inception and offers an insight into how the world of Title IX continues to change.

Link: https://www.brookings.edu/book/the-transformation-of-title-ix/

Citation: Melnick, R. S. (2018). The transformation of title IX: Regulating gender equality in education. Brookings Institution Press.

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1: As a resident advisor you are a mandatory reporter
2: Follow up with your Hall Director and Area Director
3: Follow up with your Title IX Coordinator
4: Stay up to date with JMU Policies
5: Teach each other and hold each other accountable
6: Understand FERPA and how it affects you as an RA