Module Seven - Legal and Ethical Guide by Amber Feuay https://padlet.com/afeuay1/ilrwdyt631p5rcck en-us 2023-05-09 02:45:58 UTC 2023-05-11 03:45:01 UTC hello@padlet.com Slide #1- My Professional Perspective afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586322065 The topic we will be discussing today is Title IX which encompasses sexual misconduct, harassment, discrimination or unwelcome behavior that is sexual in nature. As a higher education professional, I am considered a mandatory reporter regarding any violations of Title IX requirements, this means being required to report any information that is shared with me or that I witness that could warrant a Title IX issue. In many institutions of higher education, a Title IX office is responsible for monitoring and investigating these reports. Mandatory reporting is crucial ensure all claims of Title IX violations are investigated and most individuals in administrative leadership positions are mandatory reporters. I chose this topic because it's very relevant in my field and Title IX issues can have profound impacts on those involved. It's important to be familiar with laws regarding this subject while working in education and around students since this topic is an unfortunate reality in many institutions of higher education. A dedicated Title IX office can prove incredibly beneficial to show a university's commitment to uphold its legal obligations and promote a campus culture of inclusion, equity, and respect. ]]> 2023-05-11 01:35:53 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586322065 Slide #2- Governing Agency afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586349655 The Office for Civil Rights (OCR) at the US Department of Health and Human Services is responsible for jurisdiction over Title IX claims of discrimination or sexual harassment regarding institutions that receive federal funding (OCR, 2019). The OCR also has the authority to initiate compliance reviews of entities that are covered in which there are absence of complaints, but there is credible information that they may be in violation of Title IX. OCR also conducts proactive investigations to examine potential systemic violations based on sources of information other than complaints. Another aspect of the OCR is to provide guidance to schools, universities, and other educational institutions to assist in complying with the law. Title IX is monitored on the federal level, and there are not any state offices that monitor this subject. 

Governing bodies are organizations that are responsible for making and enforcing rules, regulations, and policies. They can vary from national governments to organizations with varying levels of authority and scope of responsibility. Their primary goal is to ensure their constituents are protected. Governing bodies will do this by implementing legislation, regulation, and taxation. Federal and state governments are are accountable to their citizens, who have the right to hold them responsible for their actions, decisions, and policies. They must adhere to strict rules and regulations to remain accountable to the individuals they serve. 

References: 
Office for Civil Rights. (2019, October 4). Sex-Based Harassment. HHS.gov. https://www.hhs.gov/civil-rights/for-individuals/special-topics/harassment/index.html]]> 2023-05-11 01:58:31 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586349655 Slide #3- Federal and State Constitutional Laws afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586365636 Federal Constitutional Law- Title IX of the Education Amendments of 1972 (85 FR 30026) Education Amendments Act of 1972, 20 U.S.C. §§1681 - 1688 (2018)

Link to full text of law: Title IX Education Amendments | HHS.gov


  • Title IX is a federal law that prohibits sex-based discrimination in any education program or activity that receives federal funding.
  • Under Title IX, educational institutions must ensure that all students, regardless of gender, have equal access to educational opportunities.
  • Title IX applies to all aspects of education, including admissions, academic programs, athletics, and employment.
  • Educational institutions must have a Title IX coordinator who oversees compliance with the law and investigates any complaints of sex-based discrimination.
  • Schools must have policies and procedures in place for handling and investigating complaints of sex-based discrimination, harassment, and assault.
  • Educational institutions must provide training to employees and students on their rights and responsibilities under Title IX.
  • Title IX requires educational institutions to take prompt and effective action to address and remedy any instances of sex-based discrimination, harassment, or assault.
  • Title IX protections also extend to pregnant and parenting students, who must be given equal access to educational opportunities and accommodations.
  • Institutions that violate Title IX can lose federal funding and may face legal consequences.

State Constitutional Law- Texas Education Code § 51.252

Link to full text of law: Texas Education Code Section 51.252 - Reporting Required for Certain Incidents (public.law)


  • Texas Education Code § 51.252 is a state law that requires public colleges and universities in Texas to develop and implement a policy on sexual harassment, sexual assault, dating violence, and stalking.
  • The policy must be made easily accessible to students, faculty, and staff, and must include information on reporting procedures, resources available to survivors, and disciplinary procedures for perpetrators.
  • The policy must also establish procedures for investigating and resolving reports of sexual harassment, sexual assault, dating violence, and stalking.
  • The policy must include provisions for protecting the privacy and confidentiality of individuals involved in reports of sexual harassment, sexual assault, dating violence, and stalking.
  • The policy must provide for education and prevention programs to be offered to students, faculty, and staff on sexual harassment, sexual assault, dating violence, and stalking.
  • Educational institutions must have a Title IX coordinator who is responsible for overseeing compliance with the law and investigating reports of sexual harassment, sexual assault, dating violence, and stalking.
  • Texas Education Code § 51.252 also requires public colleges and universities in Texas to annually report data on incidents of sexual harassment, sexual assault, dating violence, and stalking to the Texas Higher Education Coordinating Board.
  • Educational institutions that violate Texas Education Code § 51.252 can face legal consequences and may be subject to fines and other penalties.



References:

Office for Civil Rights. (2019, October 4). Sex-Based Harassment. HHS.gov. https://www.hhs.gov/civil-rights/for-individuals/special-topics/harassment/index.html

Texas Education Code Section 51.252 - Reporting Required for Certain Incidents. (n.d.). Texas Public Law. https://texas.public.law/statutes/tex._educ._code_section_51.252

]]> 2023-05-11 02:10:50 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586365636 Slide #4- Statute and Administrative Law afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586388951 Federal Statute- The Clery Act - codified 20 U.S.C. § 1092 (f), with implementing regulations in the U.S. Code of Federal Regulations at 34 C.F.R. 668.46 

Link to full text of law: The Clery Act (clerycenter.org)


  • The Clery Act is a federal law that requires colleges and universities in the United States that receive federal funding to disclose information about crime on and around their campuses.
  • Educational institutions must publish an annual security report that includes statistics on crime and other incidents that occur on campus, as well as policies and procedures related to campus safety and security.
  • The report must be made easily accessible to students, faculty, and staff, and must be provided to prospective students and employees upon request.
  • The Clery Act requires educational institutions to issue timely warnings to the campus community about certain crimes that represent a threat to safety and security.
  • Educational institutions must maintain a public crime log that records all crimes reported on campus and must make it available to the public upon request.
  • The Clery Act requires educational institutions to establish procedures for reporting and investigating crimes, and to provide support and resources to victims of crime.
  • Educational institutions must have a campus security authority who is responsible for receiving and reporting incidents of crime and other safety-related issues.
  • The Clery Act also requires educational institutions to provide fire safety information and statistics to the campus community.
  • Educational institutions that violate The Clery Act can face legal consequences, including fines and loss of federal funding.

State Administrative Law- 22 Tex. Admin. Code § 781.305

Link to full text of law: Welcome to the Texas Administrative Code


  • 22 Tex. Admin. Code § 781.305 (Sexual Misconduct) is a state law that requires law enforcement agencies in Texas to establish and maintain policies and procedures for responding to and investigating incidents of sexual assault, domestic violence, dating violence, and stalking.
  • Law enforcement agencies must ensure that officers receive training on responding to and investigating these types of crimes, and must have policies in place to protect the privacy and confidentiality of survivors.
  • The law requires that law enforcement agencies provide survivors with written information on their rights and options, including the availability of medical forensic exams and other support services.
  • Law enforcement agencies must also have procedures in place for collecting and preserving evidence related to incidents of sexual assault, domestic violence, dating violence, and stalking.
  • The law requires that law enforcement agencies provide information to survivors about the status of their case and any available victim services.
  • Law enforcement agencies must also have procedures in place for identifying and addressing any biases or prejudices that may affect the investigation of these types of crimes.
  • Law enforcement agencies must provide annual reports to the Texas Department of Public Safety on the number of incidents of sexual assault, domestic violence, dating violence, and stalking that were reported and investigated by the agency.
  • The law requires that law enforcement agencies provide training to their officers on responding to and investigating incidents involving individuals with disabilities and individuals who are members of other vulnerable populations.
  • Law enforcement agencies that violate 22 Tex. Admin. Code § 781.305 can face legal consequences, including fines and disciplinary action.



References:

The Clery Act. (n.d.). Www.clerycenter.org. https://www.clerycenter.org/the-clery-act

Welcome to the Texas Administrative Code. (2018). Texas.gov. https://www.sos.texas.gov/tac/index.shtml
]]> 2023-05-11 02:26:33 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586388951 Slide #5- Common/Case Law afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586398512 Common/Case Law- Gruver v Louisiana Board of Supervisors (Civil Action 18-772-SDD-EWD, 401 F.Supp.3d 742 (2019)

Link to full text of law: United States District Court M D Louisiana Opinions and Cases | FindLaw


  • Gruver v Louisiana Board of Supervisors is a federal court case that involves a college student who died as a result of hazing activities at Louisiana State University.
  • The case resulted in a settlement that required Louisiana State University to make changes to its policies and procedures related to hazing and alcohol use.
  • Under the settlement agreement, Louisiana State University is required to conduct an annual review of its hazing prevention policies and procedures, and to make any necessary changes to ensure that they are effective in preventing hazing.
  • The university is also required to provide education and training on hazing prevention to all students, faculty, and staff.
  • The settlement agreement requires Louisiana State University to establish a hazing hotline and to provide amnesty to students who report hazing activities.
  • The university is required to implement a system for tracking and reporting hazing incidents, and to provide regular reports to the court on its efforts to prevent hazing.
  • The settlement agreement requires the university to establish a memorial scholarship in honor of the student who died as a result of hazing.
  • Louisiana State University is required to pay a monetary settlement to the student's family as part of the agreement.
  • The settlement agreement serves as a reminder to educational institutions of the importance of taking proactive steps to prevent hazing and to ensure the safety and well-being of all students.

References:

FindLaw’s United States District Court M D Louisiana case and opinions. (n.d.). Findlaw. https://caselaw.findlaw.com/court/us-dis-crt-m-d-lou/2187674.html

]]> 2023-05-11 02:33:47 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586398512 Slide #6- Federal Regulation/Mandate afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586435424 Federal Regulation/Mandate-
According to the Office of Civil Rights (2022), all federal agencies that provide grants of financial assistance are required to enforce Title IX’s nondiscrimination mandate which states “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”. These laws prohibit discrimination on the basis of race, color, and national origin (Title VI of the Civil Rights Act of 1964), sex (Title IX of the Education Amendments of 1972), disability (Section 504 of the Rehabilitation Act of 1973), and age (Age Discrimination Act of 1975)

Link to full text of law: ED/OCR: Notice of Non-Discrimination (2010).



]]> 2023-05-11 03:00:47 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586435424 Slide #7- Local Administrative Law/Policy/Rule afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586441652 Local Administrative Law/Policy/Rule: Resolution 2020-08

During the height of the COVID pandemic, the city of Issaquah, Washington provided resolution policy to the city council (Resolution No. 2020-08) in which they rejected racially based bias, discrimination, harassment, and hate crimes due to COVID-19 and committed the city to providing an inclusive and respectable community to overcome all expressions of hate and bigotry to those of other races (MRSC, 2023). The city urged community members to report incidents or violations to the Washington State Human Rights Commission. This policy impacts the topic of Title IX issues as it relates to fighting against discrimination and harassment. 

Link to full text of law: RESOLUTION NO (mrsc.org)



]]> 2023-05-11 03:05:28 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586441652 Slide #8- Risk Management Strategies afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586467265 There are several risk management steps that can be implemented to ensure the best possible enforcement of Title IX on a college or university campus:
  • Designate one full time Title IX Coordinator responsible for training students and employees regarding Title IX compliance and investigations
  • Implement mandatory Title IX training for all students and employees
  • Improve and expand Title IX communication including standards, prohibitions, events, etc.
  • Improve reporting methods for Title IX violations confidentially (National Law Review, 2023).

Why are these important?
  • Compliance- Designating a full time Title IX Coordinator helps ensure the university is complying with the law and fulfilling its obligations.
  • Consistency and Coordination- The university its efforts to prevent and respond to sexual harassment and other forms of discrimination. 
  • Expertise and Training- The university can ensure its community members receive accurate information about Title IX and their rights and responsibilities. 
  • Accountability- If the university fails to comply with the law or mishandles a Title IX investigation, the Title IX Coordinator would be held responsible for these actions.

References:

Title IX: College and University Risk Management. (2023). The National Law Review. https://www.natlawreview.com/article/title-ix-college-and-university-risk-management

]]> 2023-05-11 03:24:30 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586467265 Slide #9- Ethical Principle afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586482000 Angelo State University Code of Ethics

Link: Code of Ethics · Angelo State University

Ethical Code Item: 
  • Respect the basic dignity of others by treating them as one would wish to be treated

Connection to Topic:
This ethical code item relates to Title IX issues as it speaks to one's character. The code item is asking for individuals to respect the dignity of others with the preface of treating others as they would like to be treated, the "Golden Rule". Many Title IX issues come from unsolicited behavior and this ethical code item is definitely not being thought of when these violations occur.

]]> 2023-05-11 03:38:13 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586482000 Slide #10- Personal Connection to Legal and Ethical Standards afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586486534 As I mentioned prior, I am a mandatory reporter regarding Title IX issues in my current role at ASU. The context of this assignment and course allowed me to understand the application of the law and how it applies to those in roles similar to mine in higher education. Title IX compliance is critical and it's important for mandatory reporters to be honest and forthcoming with information they may have regarding a Title IX violation on campus. The ASU RamFam is a community that seeks to look out for one another and keep each other safe, and mandatory reporting is a crucial aspect of this. I look forward to learning more about Title IX and what I can do to help keep others in my department accountable to reporting any issues they are aware of.]]> 2023-05-11 03:42:46 UTC https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586486534 Slide #11- Recommendations/Practices for Compliance afeuay1 https://padlet.com/afeuay1/ilrwdyt631p5rcck/wish/2586488706
  • Establish a comprehensive Title IX policy: Universities should have a comprehensive policy that prohibits sex discrimination, sexual harassment, and other forms of sexual misconduct, and that outlines the university's procedures for responding to and investigating reports of sexual harassment.
  • Designate a Title IX Coordinator: Universities should designate a full-time Title IX Coordinator who is responsible for overseeing Title IX compliance and investigations. The Coordinator should have specialized training in Title IX compliance and investigations, and should be able to provide education and training to students, faculty, and staff on Title IX issues.
  • Conduct regular Title IX training and education: Universities should provide regular Title IX training and education to all members of the university community, including students, faculty, and staff. The training should cover the university's Title IX policy and procedures, how to identify and report incidents of sexual harassment, and how to support survivors of sexual harassment.
  • Ensure prompt and effective response to reports of sexual harassment: Universities should have procedures in place for responding promptly and effectively to reports of sexual harassment. This should include conducting investigations that are fair, impartial, and thorough, and providing support to survivors of sexual harassment.
  • Ensure confidentiality and privacy: Universities should ensure that all reports of sexual harassment are treated with confidentiality and privacy, to the extent possible. This includes maintaining the confidentiality of the reporting individual and the alleged perpetrator, and limiting the number of people who have access to information about the investigation.
  • Monitor and evaluate Title IX compliance: Universities should regularly monitor and evaluate their Title IX compliance efforts to ensure that they are effective and that they are meeting legal requirements. This includes reviewing and updating Title IX policies and procedures, tracking and reporting incidents of sexual harassment, and assessing the effectiveness of Title IX training and education.
  • Foster a culture of respect and accountability: Universities should foster a culture of respect and accountability, in which all members of the university community are expected to treat others with respect and to be accountable for their actions. This can include promoting bystander intervention and providing support to survivors of sexual harassment, as well as holding individuals who engage in sexual harassment accountable for their actions.

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