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Williams, S. G. (2017). Mental Health Issues Related to Sexual Orientation in a High School Setting. Journal of School Nursing, 33(5), 383–392. https://doi-org.easydb.angelo.edu/10.1177/1059840516686841

Federal Laws. (2019). Retrieved from https://www.stopbullying.gov/laws/federal/index.html

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Academic Resources on Mental Health Issues Based on Sexual Orientation 

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Academic Resources on Mental Health Issues Based on Sexual Orientation 

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Reference
Williams, S. G. (2017). Mental Health Issues Related to Sexual Orientation in a High School Setting. Journal of School Nursing, 33(5), 383–392. https://doi-org.easydb.angelo.edu/10.1177/1059840516686841

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Researching Mental Health Services for Victims of Discrimination and Bullying 

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Researching Mental Health Services for Victims of Discrimination and Bullying 

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Adolescent depression has increased from 8.7% in 2005 to 11.3% in 2014 among LGBTQA+ adolescents. In 2016, the National Institute of Health identified the mental health needs of the LGBTQA+ adolescent population as one needing a better understanding. LGBTQA+ students suffer more bullying than heterosexuals, with higher rates of harassment, electronic bullying, thus increasing rates of truancy, substance abuse and suffering from depression. Discrimination, bullying or harassment of LGBTQA+ students violates Title IX of the Education Amendments of 1972, and the Dear Colleague Letter of 2010. Failure to recognize the bullying or discrimination in schools that receive federal aid raises questions of accountability and leaves districts, or universities open to legal action (Williams, 2017).

A study among ninth grade high school students of heterosexual, LGBTQA+ self- identified, and unsure students, found that there were significantly higher, measurable, depressive symptoms among the LGBTQA+ and unsure students than there was in the self-identified heterosexuals. When comparing results, a study by Berlan, Corliss, Field, Goodman, and Austin found similar results of higher depressive symptoms due to harassment, and bullying victimization.

Williams suggests that school nurses along with counselors and social workers “participate in safe zone and other training about the physical and mental health risks of the LGBTQA+ student population and training on bullying, violence and cultural competency, and suicide prevention (Williams, 2017, p. 389).” In Texas, school districts are required to adopt and set policy regarding bullying. The recommendations include offering counseling options for victims, witnesses, and the student engaging in bullying. “Title IX does not prohibit discrimination based on sexual orientation, but it protects all students from sex based harassment (Stopbullying.gov)”.

As a future counselor, it is important to understand the law on discrimination and bullying. Counselors play an active role in providing resources for, and, or counseling services for the victim aggressor(s), and educators in the school setting. Counselors, along with administration should enforce a safe and no hate zone for all students. High school is a stressful time for all adolescents trying to discover their own identity; however, acceptance of all students regardless of background, ethnicity, or sexual orientation should be heavily promoted by all administration staff and counselors. They should leave high school ready to enter the real world with an open and accepting mind for all people.

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I am currently a first year graduate student working towards a Masters of Guidance and Counseling. Upon completion of my program, I plan to continue working with Austin ISD in the role of High School Counselor.

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Exploration Option 3 (1 of 2)- Urging DeVos to Uphold Title IX Transgender Protections

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Exploration Option 3 (1 of 2)- Urging DeVos to Uphold Title IX Transgender Protections

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College leaders from Rutgers University, University of Wisconsin, and Princeton University wrote to Betsy DeVos urging against a potential move by the Department of Health and Human Services making changes to the definition of sex as binary and unchangeable as dictated by birth. Rescinding Obama era Title IX protections of transgender people would leave young people vulnerable to discrimination and harassment.

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Dive Brief:

The leaders of three universities wrote a letter last week to U.S. Education Department Secretary Betsy DeVos to express "concern and dismay" over reports that the federal government may roll back protections for transgender students, urging her to back an interpretation of Title IX that fully protects their rights.

Rutgers University President Robert Barchi, University of Wisconsin-Madison Chancellor Rebecca Blank and Princeton University President Christopher Eisgruber said they object to a potential move by the Department of Health and Human Services (HHS) to define sex under Title IX as binary, unchangeable and determined by genitalia at birth.

They said the change would be in opposition to the medical community's guidance about distinctions between sex, gender and gender identity as well as the American Medical Association's calls for legal protections and access to public facilities for transgender people. The leaders wrote the move would open transgender students up to discrimination and harassment.

Dive Insight

The New York Times reported last month it had obtained the draft of a memo from HHS that would devise a "biological" definition of gender under Title IX and that a birth certificate or genetic testing would serve as proof of sex. The definition could be adopted by the Education Department, according the Chronicle of Higher Education, which would mean transgender students would not likely be able to raise complaints about discrimination on campus to the federal government.

Other college officials have expressed concern about efforts by the Trump administration to remove Obama-era protections for transgender people, and some institutions have made efforts to make their campus more inclusive in response. Spelman College, an all-women's HBCU, announced last year it would accept transgender female students.

DeVos rescinded the Obama administration's 2016 guidance that expanded investigations of gender discrimination to include transgender bias allegations and required institutions to allow LGBTQ students to use bathrooms that correspond with their gender identity. The Education Department clarified after the guidance was rescinded that it would still investigate some transgender student Title IX complaints, though it would no longer hear cases about bathroom accommodations.

Critics of the policy note federal courts have continually ruled that federal sex discrimination laws, including Title IX, protect against discrimination of transgender people. They say that even if the Education Department implements the new definition, state and local laws banning discrimination on the basis of gender identity would still apply.

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3 college leaders urge DeVos to uphold Title IX transgender protections

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The leaders of three universities wrote a letter last week to U.S. Education Department Secretary Betsy DeVos to express "concern and dismay" over reports that the federal government may roll back protections for transgender students, urging her to back an interpretation of Title IX that fully protects their rights.

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Exploration Option 3 (2 of 2)-  Sexual Assaults on Campuses

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Exploration Option 3 (2 of 2)-  Sexual Assaults on Campuses

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Sexual assault is a crime, and it should be investigated and treated as such by officials entrusted with student safety and well-being. After researching current legal and ethical issues in education, I found myself wondering - how do colleges and universities educate its students on the rights and responsibilities they have while living and attending a campus?  I would like to learn more about the process of reporting, and investigations of sexual assaults on college campuses.

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Dive Brief:

The Big 12 athletic conference announced Tuesday that it will fine Baylor University $2 million for "reputational damage to the conference and its members" resulting from a high-profile sexual assault scandal that involved the Texas university's football team, ESPN reported. The institution is now in full compliance with the league, according to the Dallas Morning News.

Baylor is said to have implemented more than 100 recommendations from law firm Pepper Hamilton that would allow the university to receive its full revenue distribution of around $14.3 million from the conference, though the Big 12 board will continue to withhold the funds for 48 more months, the Morning News reported. The $2 million assessment and $1.65 million in legal fees would come out of those funds.

The law firm found in 2016 that Baylor did not sufficiently investigate sexual assault allegations against football team members. The resulting report led to the firing of the university's football coach, and the eventual resignations of its president and athletic director.

Dive Insight:

Colleges and universities are having to answer publicly for how their administrations handle reports of sexual misconduct and other controversies on campus.

Several presidents, including at , have stepped down in the last year as a result of such scandals. Both universities have paid Michigan State University and the University of Southern California hundreds of millions in settlements each.

On Tuesday, Wallace Loh, president of the University of Maryland, he will retire in June 2019. The announcement came shortly after the release of a 198-page report from a third-party investigation into turmoil in the university's athletic department in light of the death of a student-athlete earlier this year. And University of North Carolina System President Margaret Spellings announced last week that she would step down in March, three years in to a five-year contract marked with several controversies affecting the campus community.

Baylor isn't the only university recently to be assessed a steep fine for its handling of sexual misconduct allegations. The Department of Education fined the University of Montana nearly $1 million under the Clery Act for its admitted failure to report sexual offenses and other crimes. Montana's is the second-highest penalty under the act, following a $2.4 million fine for Penn State University in response to the Jerry Sandusky child abuse case.

The typical fine for a Clery Act violation is $56,000, and universities often settle for much less. Inside Higher Ed found that appeals and settlements resulted in fines being lowered by more than 25%.

However, one campus security expert told the Chronicle of Higher Education that he expects recent changes to the policy will yield "faster" actions and "larger" fines.

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Baylor hit with $2M fine from Big 12 for sexual assault scandal

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The Big 12 athletic conference announced Tuesday that it will fine Baylor University $2 million for "reputational damage to the conference and its members" resulting from a high-profile sexual assault scandal that involved the Texas university's football team, ESPN reported. The institution is now in full compliance with the league, according to the Dallas Morning News.

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Title IX Policy and Protections for Student Victims of Bullying 

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Title IX Policy and Protections for Student Victims of Bullying 

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Title IX coordinators are responsible for creating preventative and counseling services for students who have been victims of bullying and harassment of any kind, including LGBTQA+ students.

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Nine Ways Title IX Protects High School Students

By Lee Green, J.D. on April 27, 2021 hst Print
Title IX - Public Law 92-318 of the Education Amendments of 1972
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
The Scope of Title IX
June 23, 2017 was the 45th anniversary of the enactment of Title IX, a broadly written prohibition on gender discrimination in educational institutions, which although applicable to all programs and activities, curricular and extracurricular, offered by high schools and colleges, is best known for its application to sports. The imprecise guidance provided by the mere 37 words of the original statute resulted in the issuance over the next 4½ decades of a series of implementing regulations designed to clarify the obligations of school districts and universities to those the law was intended to protect, including students - regulations that made it clear that although Title IX does apply to athletic programs, it also pertains to safeguarding the rights of students in a wide range of educational settings.

Listed in no particular order of importance, the following are nine ways in which Title IX protects high school students, the nuances of each requiring thorough understanding by school and athletics personnel, along with strategic planning to develop and implement policies designed to ensure compliance with the Title IX statute, its supporting regulations and the extensive set of guidances issued over the years by the Department of Education's Office for Civil Rights (OCR), the federal agency charged with the responsibility of enforcing the law.
1. Sports Participation Opportunities
The best-known way in which Title IX protects students is through its requirement that schools provide the historically underrepresented gender in sports - females - with equal opportunity to participate in athletic activities. The OCR evaluates compliance with this mandate using what is referred to as the "three-prong test," a rubric that provides three alternative compliance options, only one of which must be satisfied to fulfill a school's obligation regarding sports participation opportunities:

1. Substantial Proportionality: Whether participation opportunities for female students are provided in numbers substantially proportionate to their enrollment at the school; or

2. History & Continuing Practice: Whether the institution can show a history and continuing practice of program expansion which is demonstrably responsive to the developing interests and abilities of the female enrollment at the school; or

3. Full & Effective Accommodation: Whether it can be demonstrated that the athletic interests and abilities of the members of the school's female enrollment are being fully and effectively accommodated through the sports presently offered by the institution.

Details regarding how a school should evaluate its compliance with each of the three components may be found in the OCR's Title IX Resource Guide.
2. Other Sports Benefits and Opportunities
In addition to equal sports participation opportunities, Title IX protects students by requiring that schools also provide to the historically under-represented gender in athletics - females - equivalence in the "other athletic benefits and opportunities" that accompany sports participation. The OCR evaluates compliance with this requirement using what it refers to internally as its "laundry list" - 11 categories of benefits reflecting the quality of the sports offerings at a school, a classification scheme also represented by the acronym PLAYING FAIR.

1. Protective athletic equipment, uniforms and athletic supplies

2. Locker rooms and practice/competition facilities

3. Allocation of travel/transportation/per diem benefits

4. Years of experience, compensation and quality of coaches

5. Institutional housing and dining facilities and services

6. Nature of publicity, marketing and media services

7. Game and practice times and scheduling

8. Facilities for and access to athletic training and medical services

9. Academic tutoring services for student-athletes

10. Institutional support services for athletic programs 11. Recruiting resources provided to athletic programs

Details regarding how a school should evaluate its compliance with each of the 11 categories may be found in the OCR Athletics Investigators Manual, the audit guide used by OCR personnel during formal Title IX investigations by the agency, here.
3. Sexual Harassment & Sexual Violence
Title IX also protects students by prohibiting sexual harassment and sexual violence in educational institutions, both of which are manifestations of gender discrimination, by requiring schools to implement strategies to safeguard students from such behavior perpetrated by school personnel or peers and requiring schools to effectively address such misconduct when it occurs on campus or in connection with any educational or extracurricular program. Sexual harassment may be "quid pro quo" - where pressure is exerted on the victim to engage in a sexual relationship through explicit or implied threats of negative consequences for refusal - or "hostile environment" - where unwelcome words or actions of a sexual nature are inflicted on the victim in a severe or pervasive manner resulting in the creation of a hostile educational environment.

Based on U.S. Supreme Court rulings in Gebser v. Lago Vista I.S.D. (1998) and Davis v. Monroe County Board of Education (1999), schools and personnel in the hierarchy of vicarious liability will be held strictly liable (automatically responsible) for sexual harassment against a student when someone in a position to take remedial action has knowledge that the harassment is occurring and exhibits deliberate indifference to correcting the situation.
Knowledge plus deliberate indifference.
These two criteria for the imposition of automatic liability on schools and personnel reinforce the need for educational institutions to enact substantive sexual harassment policies, reporting mechanisms, investigatory procedures and dispute resolution processes that will adequately protect students and shield against legal exposure.

Details regarding how a school should develop and implement a legally valid sexual harassment policy under Title IX may be found in the Department of Education's September 22, 2017 Q & A on Campus Sexual Misconduct, and the OCR's January 19, 2001 Revised Sexual Harassment Guidance.
4. Hazing, Bullying & Cyberbullying
Title IX also protects students against other forms of harassment in educational settings. Many of the initiation rituals imposed on students by school athletics teams, clubs and other organizations involve words or actions of a sexual nature that result in the hazing being classified as hostile environment sexual harassment. Similarly, many of the forms of misconduct used in school settings to bully or cyberbully students involve words or actions of a sexual nature that bring the behavior under the purview of hostile environment sexual harassment.

Therefore, much of the hazing, bullying and cyberbullying that occur in schools falls under the coverage of Title IX. Furthermore, the same U.S. Supreme Court legal standard established in the Lago Vista ISD and Monroe County Board of Education cases - strict liability whenever there is knowledge and deliberate indifference - encompasses many of the hazing, bullying and cyberbullying incidents in schools.

Also applicable to these forms of harassment are the hazing laws that have been enacted in 44 states and D.C. (to review the precise language of your jurisdiction's law, use the interactive map) and the bullying laws that have been enacted in all 50 states and D.C. (to review the specific text of your jurisdiction's law, use the interactive map).

Details regarding how a school should develop and implement a legally valid hazing, bullying and cyberbullying policy under Title IX may be found in the Department of Education's September 22, 2017 Q & A on Campus Sexual Misconduct and the OCR's January 19, 2001 Revised Sexual Harassment Guidance.
5. Other School Activities
Title IX also protects students against any type of gender discrimination in other school programs, both curricular and extracurricular, including the failure to provide equal opportunity in a school's STEM offerings (science, technology, engineering and math); discrimination in fine arts courses and activities such as theatre, orchestra, band and choir; and gender bias in single sex classes and programs outside of those explicitly authorized in the law's implementing regulations.

Details regarding Title IX's application outside the realm of sports may be found online in the publication titled Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, issued on October 25, 2006 and available full-text.
6. Pregnant & Parenting Student-Athletes
Title IX protects the rights of pregnant and parenting students - both girls and boys - by prohibiting schools from applying any rule concerning parental, family or marital status that treats persons differently on the basis of sex or discriminating against or excluding any student from its education programs or activities on the basis of pregnancy, childbirth, termination of pregnancy or recovery therefrom.

Details regarding Title IX's application to such students in secondary schools, including the accommodations that must be granted in the curriculum and in extracurricular activities to address the educational needs of students who become pregnant or have children, may be found in the policy guidance issued by the OCR in June of 2013 titled Supporting the Academic Success of Pregnant & Parenting Students Under Title IX.
7. LGBTQ Students
Although conflicting views exist as to whether LGBTQ status confers protected class status under federal and state anti-discrimination laws, it is clear that Title IX protects all students who experience sexual harassment or gender-oriented bullying, irrespective of the sex of the victim or the alleged perpetrator(s). This includes instances of such harassment or bullying where the perpetrator and victim are of the same gender. LGBTQ students have the same rights as other students under Title IX to accommodations, to a prompt and equitable complaint process, and to be free from retaliation. Likewise, the legal obligation of a school to appropriately respond to sexual harassment and bullying and to support a victim's continued access to equal educational opportunities are the same regardless of the sexual orientation, gender identity and gender presentation of the victim. Schools must have procedures in place consistent with Title IX for accepting reports of harassment or bullying of LGBTQ students, for investigating such complaints as required under Title IX, and for resolving such disputes using the same policies and procedures used in all complaints of harassment and bullying of students.

With regard to transgender students, in May of 2016, the U.S. Departments of Education and Justice jointly issued a landmark guidance clarifying that the definition of gender in Title IX was gender identity, not gender at birth, and that students would therefore have access to all school facilities based on gender identity. Although the new presidential administration withdrew the guidance in February of 2017, the Department of Education has explicitly stated that despite the fact it will no longer process complaints from transgender students about restrictions on access to restrooms, locker rooms and shower facilities, transgender students are still protected by Title IX with regard to all other equal access issues regarding educational programs and activities and the right to be free from sexual harassment and bullying.

Details regarding how a school should develop and implement a legally valid policy for addressing issues involving LGBTQ students under Title IX may be found in the Department of Education's September 22, 2017 Q & A on Campus Sexual Misconduct and the OCR's January 19, 2001 Revised Sexual Harassment Guidance.
8. Retaliation Against Reporters of Title IX Violations
Title IX also protects students by providing a cause of action for financial damages to anyone who is retaliated against for reporting a violation of the statute. In the case of a high school coach fired for identifying Title IX inequities involving his girls basketball team, Jackson v. Birmingham Board of Education (2005), the U.S. Supreme Court ruled that Title IX prohibits not only gender discrimination in educational programs and activities, but also retribution - explicit or implied - against anyone who reports Title IX violations or advocates for improved Title IX compliance strategies by a school.

Therefore, student-athletes, along with school personnel such as teachers, coaches and Title IX Coordinators, and third parties such as parents, community members and media, are protected against any form of reprisal for informal or formal complaints of Title IX problems.

Details regarding how schools should develop and implement policies to ensure avoidance of any type of retribution against individuals reporting alleged Title IX violations that might be construed as retaliation can be found in the OCR's Dear Colleague Letter On Retaliation issued on April 24, 2013.
9. Title IX Coordinators
Title IX also protects students through its mandate that every school district must have in place a Title IX Coordinator whose role is to develop policies to protect the young people enrolled in the district from all forms of gender discrimination; to implement in-service programs to educate all district employees, students and other constituents regarding the district policy; to develop a process for receiving reports of such discrimination; to conduct substantive and timely investigations of reports; and to implement legally valid dispute resolution procedures for dealing with reports of gender discrimination against students.

Details regarding the obligations of school districts related to Title IX Coordinators can be found in the OCR's April 24, 2015, Dear Colleague Letter On Title IX Coordinators.

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Nine Ways Title IX Protects High School Students

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By Lee Green, J.D. on April 27, 2021 hst Print Title IX - Public Law 92-318 of the Education Amendments of 1972 No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

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Topics of interest- Mental Health Services for Victims of Discrimination and Bullying in Self-Identified LGBTQA+ Students

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Topics of interest- Mental Health Services for Victims of Discrimination and Bullying in Self-Identified LGBTQA+ Students

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There has been a lot of discussion regarding mental health services in the education field, particularly when it comes to harassment or bullying and discrimination. Texas bullying laws require staff training, communication, preventative, and counseling services be available to both the victim and the aggressor.

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US Department of Health and Human Services

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Assistant Secretary for Public Affairs (ASPA)

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Find out what laws and policies cover bullying and cyberbullying in Texas. Visit StopBullying.gov for more information.

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Exploration Option 1- What Professional Administrators Are Saying...

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Exploration Option 1- What Professional Administrators Are Saying...

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I spoke to a former supervisor at Lanier Early College Start High School in Austin, TX, Steve Covin about current issues impacting the lives of the students his administration serves.
The top five issues according to Mr. Covin are:

1. Mental health issues affecting students and how to effectively help them when resources are limited. Recently, there was an incident where a student blew up in the classroom and threw a chair at a brand new TV. We coordinated with many individuals ranging from the Austin ISD legal team, AISDPD and Austin PD, the students court appointed lawyer and advocate, etc. to work together to formulate the best solution.
2. Sex ed has been a heavily discussed topic recently within our district.  A district committee met to determine policy change and many parent meetings were conducted to help guide that policy. The curriculum covered is very specific in nature and many points of contention tend to surround instruction in the area of sexual preference and LGBTQA+ issues.
3. Unfortunately with social media in it's current state we have many issues of students sending inappropriate or at times explicit images to each other, with and without consent of the other party. These cases are handled on an individual case by case basis but always involve contact with law enforcement personnel.
4. Monitoring technology use in school such as accessing of inappropriate websites has become easier with district filters. If the site is not blocked by the filter we will not know if a site is accessed and gets through those filters.
5. Collaboration and access to district resources such as AISDPD staff, and technology help keep students safe. In cases such as sending explicit images over social media, or accessing of inappropriate websites the ages of the student, consent or lack of consent, specific evidence, etc are all reviewed.