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1. Professional Perspective, Audience and Topic

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1. Professional Perspective, Audience and Topic

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This legal guide takes the professional perspective of a Title IX Coordinator at a university. The topic is focused on response to sexual harassment/assault. This padlet is geared towards university staff.

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The response to sexual harassment/assault is important in an educational setting. Students on campus are expecting to feel safe, and they expect their university to have policies in place to protect them. A universities response to a complaint regarding sexual harassment impacts the individuals ability to complete their education. Therefore, having a proper process in place is important.
Best Practices:
- Training for all faculty, students, and staff.
- Resources such as counseling, and  information on external assistance should be provided.
- Taking immediate action when a complaint is filed, or a student expresses concerns even if it is not a formal complaint.
One of the emerging or current issues in this area is there are  potential changes to the process of handling sexual misconduct. The governent is wanting to make a lot of changes and it's important for Title IX Coordinators to always be aware of changes, and following along to prepare for anything.

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NACADA- National Academic Advising Association.
Alston, B., Basehart, M. Z., & Walker, M. (2017). Bridging the Gap: Understanding Title IX as Academic Advisors. NACADA Annual Conference.

This presentation is geared towards Academic Advisors. However, the information provided in this presentation is beneficial for everyone and not necessarily advising specific. They discuss campus sexual assault in its current state such as the removal of the Dear Colleague Letter, and questions and answers document. Additionally, they discuss financial, legal and student implications. For example, universities can spend a lot of money and time on lawsuits. And students can end up withdrawing from the universities due to the trauma of sexual assault on campus.

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Title IX a Sticking Point in Talks Over New Higher Ed Law- Andrew Kreighbaum

-Universities may be required to handle sexual misconduct cases differently than before.
-Cross-examination during live hearings may be a new process.
-Possible legislation to require one single mandatory process across the board for handling cases.

Kreighbaum, A. (2019, August 8). Title IX a sticking point in talks over new higher ed law. Retrieved from https://www.insidehighered.com/news/2019/08/06/title-ix-emerges-top-obstacle-higher-ed-law-deal

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Education Department Penalizes University of Southern California (USC)

-USC will make major changes to their handling of sexual misconduct cases and complaints.
- USC mishandled complaints of sexual misconduct regarding "serial sexual abuse" by university gynecologist. They were investigated by the Office of Civil Rights.

Valbrun, M. (2020, February 28). Education dept. penalizes University of Southern California . Retrieved from https://www.insidehighered.com/news/2020/02/28/education-department-investigation-finds-university-southern-california-violated

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

- Prohibits discrimination based on sex in any program receiving federal funds.
-This law also covers sexual harassment and sexual violence. -This law requires an agency or institution to designate a Title IX coordinator.
- It also requires that there are established grievance procedures.

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Haidak v. University of Mass. Amherst (2019).

-A student accused of assaulting and harassing his girlfriend was suspended from school without due process. An official hearing was not conducted in this case.
-The U.S Court of Appeals affirmed that the university violated Haidak’s constitutional right to due process.
-Due process is important when it comes to the response of sexual violence on campuses. The defendant still has the right to a fair hearing even when accused of a serious crime.

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Violence Against Women Act H.R. 1585, 116th Cong. (2019).

- This goals of this act are to prevent violent crime, and respond to the needs of crime victims.
- Amendments from 2013 require universities to provide primary prevention programs to promote awareness, and provide traninigs to all new employees, and incoming students.

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The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f))

"The Clery Act"

- This act requires universities to report and publish crimes that happen on or around their campus.
-The report should be made available automatically to current students. Prospective students can request copies.

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UT Health San Antonio Handbook of Operating Procedures, Title IX Sexual Harassment/Sexual Misconduct Policy § 4.2, 2017.

This policy requires details how to file a complaint, and the rights of students and employees regarding sexual harassment and violence. It also discusses the procedure for the intake of complaints. The policy also details resources for victims.

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Ethical Principles and Standards (ACPA, 2006).
https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf
Professional Responsiblity and Competence.

This ethical principle discusses professionals being responsible for enhancing the quality of student life, and caring for their welfare. Responding appropriatley to sexual misconduct directly involves the quality of student life and their welfare.

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Know Your IX is a great advocacy group and resource for students so that they can understand their rights. This resource provides support resources, summary of laws, and ways to invovled. As a university staff member, this resource could be given to students who express concerns, or are looking to get involved in sexual violence advocacy.

Know Your IX (n.d.) Retrieved from https://www.knowyourix.org

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- Provide training for students, staff and faculty.
- Adhere to all federal and local laws regarding responding to sexual misconduct.
- Comply with due process, all individuals have a right for due process.
- Provide support resources such as counseling, and information on external resources.
- Follow-up on every complaint regarding sexual misconduct and follow procedures for handling these types of cases.
-Promote awarness on campus.