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Professional Perspective:

My professional perspective is focused in Student Development and Leadership in Higher Education.  The goal is ensuring student growth and development in higher education, and building support systems to provide effective campus programs meeting  students’ academic, social, and emotional needs.  In the role of campus support services the focus is advising and guiding students to develop their education goals by ensuring services that will provide necessary tools that enrich academic success to meet society needs.

Legal Guide Topic:

The legal guide focuses on the aspects of Title IX rights in higher education.  Title IX addresses sex discrimination, sexual harassment, and sexual assault involving institutions to establish protocols, policies and services to meet needs for victims and ensuring safety procedures. .

Target Audience:

The target audience for this legal guide is student affairs staff, administrative leadership, program coordinators, and educators in higher education programs. These stakeholders are significant in developing and supporting students to receive services that follow guidelines in Title IX issues in sex discrimination, including sexual harassment and assault. The guideline focuses to provided these individuals and groups a clear expectation and understanding of legal issues, best practices, and difficulties that may arise in these issues in higher education programs.

Why This Topic:

The reason for choosing this topic is because the significant issues that arise in Title IX and FERPA policies in higher education. Title IX issues must have strong practices to ensure that legal framework provides systematic organization to that ensure college settings are built with providing students successful learning environments.

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Title IX Compliance:

U.S. Department of Education’s Office for Civil Rights (OCR)

Responsible to enforces Title IX of the education Amendment of 1972 protecting people from discrimination based on sex in education programs receiving federal financial assistance. Obligation to ensure institutions meet recruitment admission, counseling, financial aid, regulations, investigations over issues on sexual discrimination, sexual harassment and assault.

(U.S. Department of Education, 2021)

Title IX Program Coordinators:

Higher education institutions will appoint Title IX coordinators to supervise compliance requirements.  Coordinators monitor programs to ensure meeting compliance protocols, investigation of complaints, and identify program education and training

(Staurowsky, et al., 2023)

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3. Federal and State Constitutional Laws

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3. Federal and State Constitutional Laws

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Title IX Compliance:

U.S. Constitutional Law: Equal Protection Clause of the Fourteenth Amendment:

Impact: The Equal Protection Clause prohibits states from denying any person within the jurisdiction equal protection under the law. Title IX adheres to the constitutional principle addressing sexual discrimination in federally funded education programs, ensuring equal protection for all students regardless of race or gender.

Consequences: Failure to comply with Title IX and the Equal Protection Clause may result in legal action such as loss of federal funding leading to impact institution's  standing position.

Texas Constitutional Law: Right to Equality (Article I, Section 3):

Impact: The Texas Constitution guarantees the right to equality under the law. This provision reinforces the commitment to equal treatment, aligning with Title IX's objectives at the state level.

Consequences: Non-compliance may lead to legal action under state law, impacting the institution's standing and legal penalties.

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4.  One Statue and One Administrative Law

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4.  One Statue and One Administrative Law

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Title IX Compliance:

Federal Level:

Statute: Title IX of the Education Amendments of 1972

Impact:  Prohibits limitations of sexual discrimination in education programs that receive Federal financial assistance.

Consequences: Non-adhering will lead to investigations, loss of funding, legal actions, and reputation damages.

Administrative Law: Title IX Regulations (34 C.F.R. Part 106)

Impact: Prohibits discrimination on the basis of  sex in all education programs or activities that receive Federal financial assistance.

Consequences: Non-adhering will lead to legal investigation with actions against institution and financial funding, and institution standing.

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Title IX Compliance:

Court Case: Grove City College v. Bell (1984)

Description:  The case involved private institution Grove City College receiving federal funds through the Basic Education Opportunity Grants (BEOG) program, to provide financial assistance to eligible students, but not complying with Title IX as it did not receive direct federal funds..

Precedent: Under Title IX of the Education Amendments of 1972, schools cannot  prohibiting sexual discrimination in education programs receiving federal financial assistance.

Impact: The receiving of federal financial funds under Title IX application, requires higher education institutions to acknowledge all programs and activities receiving federal funding.

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Title IX Compliance:

Regulation/Mandate:  Title IX of the Education Amendments of 1972

Description: Title IX prohibits discrimination against sex in federally funding education programs.  Title IX approaches the issue of sexual harassment, including assault, holding higher education institutions accountable on policies and procedures on issues of discrimination.

Impact: Title IX establishes the important guidelines handling issues of sexual harassment and assault in educational institutions, requiring compliance to receive federal financial funding.

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Title IX Compliance:

Local Policy: St. Edward’s University Title IX Policy

Description: St. Edward’s University is dedicated to provide a safe and non-discriminatory environment for students, faculty, and staff.  The university recognizes Title IX policy on sex and gender discrimination are critical issues to society and hold responsibility to address issues within the community.

Reason for Policy: Fair process is a priority to St. Edward’s University.  The university upholds to comply with Title IX and state laws addressing the prevention of sexual harassment and assault.

Impact of Title IX: The policy established under Title IX to follow federal laws requires the university to meet responsibilities on crimes and incidents, especially sexual misconduct. The university upholds to state and federal policy along with Holy Cross values of community, diversity, social justice and service.

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Potential Legal Liability: Title IX prohibits gender discrimination at educational institutions receiving federal aid.  Supreme Court decisions limited liability to extreme cases while the Office of Civil Rights (OCR) addresses incidents moving toward legal action.  Legal protection of victims must ensure appropriate action and response, but also address the complainant and accused. Failure to address can lead to allegations creating hostile environments for victims and accused .

Policies and Procedures :

1. Establish policies and procedures defining inappropriate behavior, establish clear expectations for reporting and investigation.

2. Required support services with trained staff to report incidents and uphold investigations established by American of Association of University Women (Puluse, 2020).

3. Establish check systems on colleges and universities support systems that received federal funding have accountability to limit incident or negligence in compliance.

By establishing structural reforms to address investigations and meeting compliance, the burden for higher education institutions will ensure meeting Title IX compliance and ensure the school environment will provide supports to all students.

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Ethical Standards: Student Affairs Administrators in Higher Education (NASPA) provides professional courses, programs, publications in the field of student development and higher education resources intended for individuals or organizations to develop changes to institutional policies.

Impact of Title IX:  NASPA ethical principles address and prevent sexual harassment and assault, striving to create equity in organizational systems to ensure a safe environment without discrimination.

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10. Personal Connection to the Legal and Ethical Standards 

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10. Personal Connection to the Legal and Ethical Standards 

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As a future member in higher education and investigating the legal and ethical standards in Title IX has provided a vast scope of knowledge and information required in the role of student advising to support students in their advancement in education. This personal journey has led to evaluating the legal components ensuring the protection of personal rights and limiting sex discrimination in various matriculation events.

The opportunity to grasp valuable knowledge towards significant principles that will ensure the a safe and welcoming environment for students identifies the importance of policies and protocols in educational structures.

It is imperative as a future college advisor to have knowledge on Title IX expectations ensuring expectations for individual rights are followed and met with fidelity. Acknowledging best practices and policies has secured my understanding an advisor must provide to toward a successful higher education community. Having this connection in an educational setting will allow myself the security to provide better services to the needs of students in their higher education.

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11. Bulleted list of Recommendations/Best Practices for Compliance (ELABORATE)

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11. Bulleted list of Recommendations/Best Practices for Compliance (ELABORATE)

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1. Communication protocols - Providing clear expectations in following Title IX policies and procedures for staff, faculty, and students. Information will be provided in various media and printed resources to ensure attention is visible for all to be acquainted on expectations.

2. Training development - Complete required training for staff, faculty, and students to fulfill regulation policy for Title IX.

3. Policy analysis and review - Develop committee structures that review campus leadership and program policies are meeting Title IX regulation and guidelines that ensure a safe and friendly campus environment.

4. Investigation Procedures - Apply structured procedures that will meet compliance to guidelines in Title IX investigations.

5. Research - Conduct review over data collection on research and inquiry analysis of programs that have investigations on Title IX policy. Ensure that analysis can provide best practices to improve safety of students.

6. Initiatives - Coordinate with campus programs and leadership on applying Title IX regulations that will support various student needs and met with fidelity.

7. Resources - Structure a centralized center that can provide knowledge and information to individuals to gain assistance or support related to issues in Title IX.

8. Education opportunities - Develop education programs that give students, faculty, and staff knowledge and understanding to Title IX regulation and policies for a safe school environment.

9. Leadership - Develop a committee that ensures to provide programs and resources to campus to have better understanding and awareness of Title IX regulation.

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National Association of Independent Colleges and Universities. (2023) Issues & Advocacy: Student Privacy Retrieved from https://www.naicu.edu/issues-advocacy/advocacy-resources

National Association of Student Personnel Administrators. (2020) Title IX Resources.

https://naspa.org/project/title-ix-resources

Puluse, T. (2020, September 17). Sexual harassment on college campuses: the insufficiency of Title IX.  Ramapo, Journal of Law & Society. Retrieved from https://www.rampapo.edu/law-journal/thesis/sexual-harassment-on-college-campuses-the-insufficiency-of-title-ix/

Staurowsky, E.  & Flowers, C. (2023). Special issue: Title IX and it future in shaping inclusive excellence in college sport.  Journal of Intercollegiate Sport. 16(10. https://doi.org/10.17161/jis.v16i1.18993.

St Edward’s University (2021) Title IX Policy

https://www.stedwards.edu/campus-services/title-ix-and-preventing-discrimination

Texas Secretary of State. (n.d.). Texas Administrative Code, Title 19, Chapter 1, Subchapter C.

U.S. Congress. (1972). Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688.

U.S. Department of Justice (2023). Overview of Title IX

https://www.justice.gov/crt/title-ix#:~:text=It%20states%20that%3A,20%20U.S.C.

West, G., Penrose, M., & Karn, A. (2017). Title IX: the difficulties in protecting an accused’s rights.  Texas Bar Journal, 80(8). Retrieved from https://www.texasbar.com/tbj