# data[].attributes.body
The audience that will utilize this topic will be higher education faculty and staff to enhance their education on the laws. The topic of Title XI is not a new concept within the field. There have been many instances in recent years about how Title XI resources are needing to be utilized due to cases. Assault, discrimination, and misconduct plague the higher education field.

I am currently the coordinator of Student Leadership and Activities at Blinn. I have been trained on Title XI through my institution. I am also a mandatory reporter for Blinn College. These civil rights are vital to protecting at-risk populations. This topic needs to be analyzed to aid future professionals in the field protect themselves and their students.

# data[].attributes.body
I interviewed Carlos Pinkerton Assistant Director of Student Activities at the Texas A&M University System. He is also an acting advisor for Title XI on his campus. He is located at the RELLIS campus in Bryan, Texas.

Mr. Pinkerton described how cases that deal with Title XI have been increasing in number over recent years in higher education (C. Pinkerton, Personal Communication, March 10, 2022). In Texas, if an educator fails to report a case, they may receive repercussions in the form of a misdemeanor. Addressing harassment and assaults is imperative to creating a safe place for students, faculty, and staff. Title XI ensures that these allegations get investigated and holds people accountable to the best of the school’s ability (C. Pinkerton, Personal Communication, March 10, 2022).

Best Practices:

1.)   Discussion with faculty and staff about how to respond to situations where disclosure happens. Some may not be fully prepared for this instance, but they need to have a discussion about appropriate behavior and how to conduct themselves.

2.)    Creating a system for individuals to report inappropriate behavior. This will aid in giving survivors a voice and a location for records to be kept.

3.)   Creating workshops and information for students on campus about sexual violence and other topics under Title XI. Students will begin to understand what is considered a violation and know the warning signs.

Many cases are being held against institutions with individuals claiming they were treated unfairly within their hearing. This issue has been raised multiple times in the past ten years and continues to this day. Individuals have stated they are denied due process. They discuss the discrimination based upon their sex since many of these cases are accusing men of the allegation.

Website Link:
https://rellis.tamus.edu/academicalliance/campus-life/student-organizations/

# data[].attributes.attachment_caption
NASPA Article about Texas' new requirements

# data[].attributes.body
The blog called “Raising the stakes on Title IX Compliance” by Jill Dunlap discusses how Texas has passed a requirement that all education professionals are mandatory reporters (Dunlap, 2020). She discussed how almost 70% of institutions have a policy requiring all professionals to report any misconduct. She further describes policies of this magnitude can harm the survivor by retraumatizing them by disclosing their story without their consent. The idea is that this requirement hinders survivors more than they are helped (Dunlap, 2020).

Website:

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

Citations

Dunlap, J. (2020, January 9). Raising the stakes on Title IX Compliance. NASPA Student Affairs Administrators in Higher Education. Retrieved March 10, 2022, from https://www.naspa.org/blog/raising-the-stakes-on-title-ix-compliance

# data[].attributes.attachment_caption
Cal State’s Chancellor Said His Hands Were Tied. 

# data[].attributes.body
This article dives into the realization that people still cover up sexual harassment in today’s society (Mangan, 2022). The Chancellor quietly departed ways with another staff member who had been repeatedly accused of sexual misconduct. Repercussions are needed in instances such as this. She discusses how the silent departure and rave work recommendations create a negative atmosphere for people who report the incidents. They see that action is not being taken or their complaint falls on individuals who do not care for their wellbeing. The lack of action shows perpetrators that they are allowed to do this behavior without repercussions and further sets back the work of Title IX (Mangan, 2022).

Website:
https://www.chronicle.com/article/i-want-to-believe-at-byu-opponents-of-rules-on-same-sex-couples-welcome-federal-action

Citations

Mangan, K. (2022, February 11). Cal State’s Chancellor Said His Hands Were Tied. Title IX Experts Say He Could Have Done More. The Chronicle of Higher Education. Retrieved March 10, 2022, from https://www.chronicle.com/article/cal-states-chancellor-said-his-hands-were-tied-title-ix-experts-say-he-could-have-done-more

# data[].attributes.attachment_caption
AAU takes aim at 'pass the harasser' with new principles on sexual misconduct

# data[].attributes.body
This article discusses how universities that are a part of the Association of American Universities disclose to the next employer any sexual misconduct accusations against the individual in question (Bauer-Wolf, 2021). This is to hinder individuals hoping from institutions to escape sanctions. It also requires institutions to follow through with investigations if the individual leaves the institution. These steps taken are to ensure people are held accountable for their actions. This article is describing a way to protect current and future students from predators; holding people accountable is the first step in healing for survivors (Bauer-Wolf, 2021).

Website:

https://www.highereddive.com/news/aau-takes-aim-at-pass-the-harasser-with-new-principles-on-sexual-miscondu/608949/

Citations

Bauer-Wolf, J. (2021, October 26). AAU takes aim at 'pass the harasser' with new principles on sexual misconduct. Higher Ed Dive. Retrieved March 10, 2022, from https://www.highereddive.com/news/aau-takes-aim-at-pass-the-harasser-with-new-principles-on-sexual-miscondu/608949/

# data[].attributes.headline
Slide #6 Original Sources of Law- Constitutional

# data[].attributes.subject
Slide #6 Original Sources of Law- Constitutional

# data[].attributes.body
The law is describing the 14 amendment which provides equal protection under the law U.S. Const. amend. XIV.

·      Provides equal protection rights to individuals and will not be based upon gender, race, economic status, political view, etc.

·      The right to due process and citizenship in the United States.

·      This amendment opened an avenue for Title IX to become a reality. It allowed many foundational concepts to become guaranteed to every person.

Website:

https://constitution.congress.gov/browse/amendment-14/

Citations

U.S. Const. amend. XIV

# data[].attributes.headline
Slide #7 Original Sources of Law- Statutory

# data[].attributes.subject
Slide #7 Original Sources of Law- Statutory

# data[].attributes.body
The Tex. Educ. Code § 51.255 speaks on failure to report and false report offenses.

·      An individual makes an offense when they are required to report, and they have failed to do so.

·      With the intention to harm create a false report.

·      An offense will be a Class B misdemeanor unless it was intended to be concealed and then that is a Class A misdemeanor.

·      A post-secondary educational institution will terminate the employee if it falls in line with their disciplinary procedure.

·      This is important to understand as higher education staff and faculty to ensure we are reporting when necessary

Website:

https://texas.public.law/statutes/tex._educ._code_section_51.255

Citations

Tex. Educ. Code § 51.255

# data[].attributes.headline
Slide #8 Original Sources of Law- Judicial

# data[].attributes.subject
Slide #8 Original Sources of Law- Judicial

# data[].attributes.body
The case describes how specific discrimination is a violation of Title IX (Jackson v. Birmingham Board of Education, 2005).

·      Mr. Jackson believed he was fired for complaining about the denied equal treatment of his women’s basketball team.

·      He claimed his rights were violated due to retaliation from bringing up a sex discrimination issue.

·      In a 5-4 decision, the court decided he could continue with his lawsuit due to the retaliation was an intentional violation of Title IX.

·      This allowed individuals to protect themselves from discrimination under Title IX.

Website:

https://www.oyez.org/cases/2004/02-1672

Citations

Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) https://www.oyez.org/cases/2004/02-1672

# data[].attributes.headline
Slide #9 Original Sources of Law- Administrative

# data[].attributes.subject
Slide #9 Original Sources of Law- Administrative

# data[].attributes.body
The law describes the general response requirements for recipients or individuals who have had sexual harassment disclosed to them 34 C.F.R. § 106.44 (a).

·      A recipient with knowledge about an assault must respond promptly to the issue and respond without being purposefully indifferent.

·      A recipient must treat the complainant and respondent equitably and provide supportive measures.

·      They must follow a grievance process that is outlined in 34 C.F.R. § 106.45 before issuing a sanction if any.

·      Title IX Coordinator must reach out to the complainant promptly and discuss supportive measures with and without filing a report.

Website:

https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-106?toc=1

Citations

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. § 106.44 (2022) https://www.ecfr.gov/current/title-34/subtitle-B/chapter-I/part-106/subpart-D

# data[].attributes.headline
Slide #10 Local Administrative Law/Policy/Rule

# data[].attributes.subject
Slide #10 Local Administrative Law/Policy/Rule

# data[].attributes.body
I selected Blinn College District for the institution. The policy they have for Title IX is to inform the complainant and respondent of mental and emotional services. It is not required to inform the respondent but the understanding that they are not seen at fault until proven reflects through the necessity of providing resources. This is another way to treat both parties fairly by providing access to any necessary resources.

Website:

https://pol.tasb.org/Policy/Download/1204?filename=FFDA(LOCAL).html&title=FREEDOM%20FROM%20DISCRIMINATION,%20HARASSMENT,%20AND%20RETALIATION&subtitle=SEX%20AND%20SEXUAL%20VIOLENCE

Citations

Blinn College District. (2020). Freedom from Discrimination, Harassment, and Retaliation: Sex and Sexual Violence. https://pol.tasb.org/Policy/Download/1204?filename=FFDA(LOCAL).html&title=FREEDOM%20FROM%20DISCRIMINATION,%20HARASSMENT,%20AND%20RETALIATION&subtitle=SEX%20AND%20SEXUAL%20VIOLENCE

# data[].attributes.attachment_caption
Council for the Advancement of Standards in Higher Education

# data[].attributes.body
Principle IV describes the ethical responsibility to justice (Council for the Advancement of Standards in Higher Education, 2015). This describes treating others fairly and this includes the due process of students. Many lawsuits have been filed since the respondent has felt they have not received due process. Ethically we should ensure each student is heard fairly to ensure they do not have their rights violated. Also, this will ensure the fairest hearing possible when both parties are treated equally (Council for the Advancement of Standards in Higher Education, 2015).

Website:

http://standards.cas.edu/getpdf.cfm?PDF=D67207DB-A711-46AA-86038F4A48ACF434

Citations

Council for the Advancement of Standards in Higher Education (2015). CAS statement of shared ethical principles. In J. B. Wells (Ed.), CAS professional standards for higher education (9th Ed.). Washington, DC: Author.

# data[].attributes.headline
Slide #12 Personal Connection to the Legal and Ethical Standards

# data[].attributes.subject
Slide #12 Personal Connection to the Legal and Ethical Standards

# data[].attributes.body
As a higher education professional, I have the lawful duty to keep my students safe and treated equitably. Ensuring I follow every law and policy is imperative to protect students. I have been through an assault at least one time in my life and being an advocate has become important for me. (The assault was already brought to the attention of Angelo State Fall 2020). Going through an experience such as this is difficult. It requires a lot of resources and seems to follow you for a long time. No one deserves to feel alone, and that justice has not been served. Title IX is to protect previous students from more harm and current students from future harm. I want to advocate for survivors and to push for equity in the higher education field.

# data[].attributes.headline
Slide #13 List of Recommendations / Best Practices for Compliance

# data[].attributes.subject
Slide #13 List of Recommendations / Best Practices for Compliance

# data[].attributes.body
Below is a list of my recommendations for Title IX best practices:

·      A yearly survey to the students, faculty, and staff to understand the campus climate. This will allow us to understand what they need more information on and understand the campus as a whole.

·      A yearly workshop for faculty and staff to participate in to enhance education in specific areas of Title IX such as gender discrimination, assault, etc.

·      At least one counselor trained in assault-based trauma to aid students who may need those specific services. Not every counselor is specialized in assaults and having one on staff may help survivors greatly.

·      Develop a grievances page with an anonymous option for Title IX related issues. Many students want to report an incident without feeling judged; this opens the avenue to have more knowledge on what is happening on campus.

·      Consistently ensure policies are up to date with federal, state, and local laws.

·      Notify students, faculty, and staff when an event occurs to keep them informed on the situation. Transparency is key.

·      Create and implement a chain of command to ensure the complaint is following the correct process.

·      Inform faculty and staff, mandatory reporters in Texas, whom they reach out to, and the protocol for that.