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List of Recommendations and Best Practices

a.       Understand the rules regarding Title IX.

b.      Do not perform any acts that can be viewed as sexual misconduct (19 T.A.C § 247.2). This includes texting students in inappropriate ways (19 T.A.C § 247.2).

c.       Be ready to respond to students who disclose that they are being abused (Defend Innocence, 2021). Since teachers are trusted by students, it is likely that if something is going wrong in their life, the student will inform the teacher.

d.      Understand the various definitions of sexual misconduct, and how students can discuss those acts. For example, knowing that sexual harassment generally involves inappropriate communication and that sexual assault involves physical contact is important when having conversations with students about sexual misconduct (Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking, 2021).

e.       Work to be a trusted adult in the room (Defend Innocence, 2021). Encourage students to work through their various situations in healthy ways, and if a student needs advice on how to handle different aspects of their life, do not be afraid to give them advice. This may lead the student to disclose abuse that they have experienced, so the instructor will need to also be ready to respond to that information properly (Defend Innocence, 2021).

f.        Explain the role that teachers play in reporting acts of sexual misconduct (Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking, 2021). This way, if a student discloses an incident that happened to them, they will not feel betrayed if a report is filed.

g.      Be involved in sexual misconduct training. If a teacher helps facilitate sexual misconduct training, the teacher will have to know the rules regard sexual misconduct, and reporting allegation, better. This will allow better prepare the teacher to respond to their students’ comments.

References

Code of Ethics and Standard Practices for Texas Educators, 19. Tex. Admin. Code § 247.2 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

Defend Innocence. (2021). 7 ways teachers can help prevent child sexual abuse. https://defendinnocence.org/child-sexual-abuse-risk-reduction/proactive-parenting/build-support/7-ways-teachers-can-help-prevent-child-sexual-abuse/

Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking. Stat § 51.282 (2021). https://texas.public.law/statutes/tex._educ._code_section_51.282

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Non-Law Source

This has a list of recommended things that teachers can do to prevent sexual abuse, and what to do if they suspect abuse (Defend Innocence, 2021). If a teacher suspects abuse, they are obligated to report that abuse (Defend Innocence, 2021). Also, modeling proper behavior in the classroom leads to the students trusting their teachers, which in turn can lead to the students coming to the teacher and asking for help (Defend Innocence, 2021).

References

Defend Innocence. (2021). 7 ways teachers can help prevent child sexual abuse. https://defendinnocence.org/child-sexual-abuse-risk-reduction/proactive-parenting/build-support/7-ways-teachers-can-help-prevent-child-sexual-abuse/

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Ethical Principle

This is the Code of Ethics for Texas educators. It specifies the behaviors that an educator cannot partake in, such as sexual conduct or romantic involvement with a student (19 T.A.C § 247.2). It also prohibits inappropriate communication with students as well (19 T.A.C § 247.2).

References

Code of Ethics and Standard Practices for Texas Educators, 19. Tex. Admin. Code § 247.2 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

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Local Administrative Law/Policy/Rule

This states the procedures of how to report misconduct, and who to report it to (Angelo State University, 2020). This contains the contact information of everyone who could be involved in a Title IX case, and their roles (Angelo State University, 2020).
Angelo State University (2020, August 14). Sexual Harassment, Sexual Assault, Sexual Misconduct, and Title X Policy and Complaint Procedure. OP 16.03. Retrieved from https://www.angelo.edu/live/files/22689-op-1603-sexual-harassment-sexual-assault-sexual

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Original Source of Law

Judicial Law

This supreme court case determined that if a student is receiving federal funds, the university must follow Title IX rules even if the institution itself is not receiving the funds directly (Grove City College v. Bell, 1984). This means that if a student attending a university receives a federal grant, the university must follow Title IX (Grove City College v. Bell, 1984).

References
Grove City College v. Bell, 465 U.S. 555 (1984). https://supreme.justia.com/cases/federal/us/465/555/

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Original Source of Law

Statutory Law

This law defines the requirements that a university has in regards to making a program addressing sexual harassment, sexual assault, dating violence, and stalking (Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking, 2021). This includes the definitions of the terms and the protocols for reporting the events as well as the punishment for violating this law (Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking, 2021).

Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking. Stat § 51.282 (2021). https://texas.public.law/statutes/tex._educ._code_section_51.282

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Original Source of Law

Administrative Law

This regulation sets the standards for Title IX and the requirements for institutions to follow to receive federal funding (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 1980). This allows the universities that receive federal funds to know the bare minimum that they must comply with in regards to preventing sex-based discrimination (Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 1980).

References

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R § 106 (1980). https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr106.html#S71

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Original Source of Law

Statutory Law

This is the law that created Title IX (Patsy Mink Equal Opportunity in Education Act, 1972). It states that discrimination based on sex cannot occur in an educational institution that receives federal funds (Patsy Mink Equal Opportunity in Education Act, 1972).

References

Patsy Mink Equal Opportunity in Education Act, 20 U.S.C. § 1681. (1972).https://uscode.house.gov/view.xhtml?path=/prelim@title20/chapter38&edition=prelim

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Current News Article

This article shows that changes to Title IX, from an administrative standpoint, are still being pursued (Anderson, 2021). Therefore, educators need to stay up to date on the status of Title IX protections, and the current rules that are in effect (Anderson, 2021). The intent of the letter discussed in the article is to urge the new Secretary of Education to change the Title IX rules back to what they were so that universities will have less work to do in the burdensome COVID-19 environment (Anderson, 2020).

References

Anderson, G. (2021, March 4). Federal lawmakers push Cardona to undo DeVos Title IX rule. Inside Higher Ed. https://www.insidehighered.com/quicktakes/2021/03/04/federal-lawmakers-push-cardona-undo-devos-title-ix-rule

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Current News Article

This article states that there has been a rise in reported sexual assaults from 2015 to the present (Sparks & Samuels, 2020). This proves that the trends for sexual violence show that the rates are continuing to rise. Therefore, educators need to know how to respond to cases of sexual violence, and their role in the support of the survivor.

References

Sparks, S. & Samuels, C. (2020, October 15). Federal civil rights data finds rise in reported sexual assaults. Edweek. https://www.edweek.org/leadership/federal-civil-rights-data-finds-rise-in-reported-sexual-assaults/2020/10

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Professional Association

This article is a request from the President of the American Association of Universities pleading for the Department of Education to delay rolling out changes to Title IX until after the COVID-19 crisis is over (Coleman, 2020). This is due to the fact that campuses are still working to address sexual misconduct, and the added strain of implementing new rule changes will be difficult while also responding to COVID-19 (Coleman, 2020). While the idea of updating Title IX is a good one, doing so in the COVID-19 crisis could damage universities (Coleman, 2020).

Reference

Coleman, M. (2020, May 6). AAU President urges delay of complex Title IX changes due to COVID-19 crisis. AAU. https://www.aau.edu/newsroom/press-releases/aau-president-urges-delay-complex-title-ix-changes-due-covid-19-crisis

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Summary of Topic
Sexual trauma has extremely adverse reactions on student performance and leads to students having higher rates of suicide, mental illness, and drop out rates (Change & Hirsch, 2015). This also impacts the student’s entire life. Due to this, educators need to know the laws in regard to sexual misconduct, and also know how to respond to survivors of sexual trauma.

Sexual violence is the most common crime on a college campus (RAINN, 2021). Due to this, educators need to be prepared to report an allegation of sexual misconduct once they become aware of it. This is due to the legal liability that will be discussed later in the Padlet, and to ensure that survivors of sexual violence get the support they need as fast as possible. This would help to curb the damage that sexual violence has on young adults, and potentially lead to lower rates of sexual violence due to the added awareness of what constitutes sexual violence.

References

Chang, E., & Hirsch, J. (2015). Social problem solving under assault: Understanding the impact of sexual assault on the relation between social problem solving and suicidal risk in female college students. Cognitive Therapy & Research, 39(3), 403–413. https://doi-org.easydb.angelo.edu/10.1007/s10608-014-9664-2

RAINN. (2021). Campus sexual violence: Statistics. https://www.rainn.org/statistics/campus-sexual-violence

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Professional Perspective/Audience/Topic

I am a Technical Training Instructor in the Air Force, and I am also a Volunteer Victim Advocate as well. This has given me experience in responding to survivors of sexual assault, and I have also given multiple training on sexual misconduct. This resulted in my choice to research Title IX more. This guide is for the faculty at a college campus.