Legal Guide by Laila Wright https://padlet.com/lwright232/tqsnkwpydcjl This Legal Guide covers the topic of Sexual Violence Prevention and Response. It focuses on Title IX and best practices on college campuses. en-us 2019-12-08 17:46:05 UTC 2019-12-08 21:27:37 UTC hello@padlet.com Slide #1 My Professional Perspective lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421339671 Hello, my name is Laila Wright. I am a graduate student at Angelo State University, working towards my master's degree in Student Development and Leadership. I also currently work full-time at Angelo State University in Housing and Residential Programs. In my role as an Area Coordinator, I help students transition into college by providing engagement opportunities through our hall programs and interactions with myself and my staff. As a live-in position, I also serve as a second level of emergency response for the residents and students living in the halls. The field of student affairs provides several resources and opportunities to students transitioning into college. The field of student affairs encompasses a large number of departments and focus areas put in place to help students receiving a post-secondary education to navigate their experiences within a university environment.  

One area that has recently seen several changes and pending changes over the past couple of years on college campuses is sexual violence prevention and response. This legal guide seeks to provide information to young professionals both inside and outside of housing departments to educate them on how the Title IX office can be used both as a resource for students and how departments can work together to prevent sexual violence. It is crucial to understand how this topic can impact both professional staff members and students. By having a better understanding of the law and how it applied to students and student affairs professionals working in higher education will allow us to provide better support to students in times of need. ]]> 2019-12-08 17:50:57 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421339671 Slide #2 Interview lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421339793 Tracy Wright Baker
Director of Housing and Residential Programs and Title IX Team Member at Angelo State University

Speaking to Mrs. Baker allowed me to gain a broader perspective of how universities and departments work together to build an environment where students feel safe. The topic of sexual prevention and response is especially crucial to departments like Housing and Resident Programs because they are responsible for the on-campus living environment for 2,000+ students in which college students live and interact with one another. As a department of mandatory reporters (including their student staff), they must build an environment where students are safe and that as a department, they are attentive to that safety. Further stating that court cases and their decision have a significant impact on the department and students. Saying that they "they help shape how we the institution interact with students and students involved" (T. W. Baker, personal communication, December 2, 2019).
 
Three Best Practices Include:
  • Early Education - Through the Title IX office students are required to complete a two-part Sexual Assault Prevention, "intended to educate students about healthy relationships, affirmative consent, good communication, and empowers students to become active bystanders." (AlcoholEDU and Sexual Assault Prevention, 2019).
  • Consistent Training - As a mandatory member of the Title IX Team, providing consistent and on going training for members.
  • Resources - Providing students with clear and available resources through the Title IX office, Counseling Services and outside campus partners. 

Mrs. Baker also pointed out that over the recent years, as the pendulum has swung between anonymous victims to the blindness of the rights of the perpetrator, she has begun to see it turn back towards the middle (T. W. Baker, personal communication, December 2, 2019). As the proposed rules on Title IX and Sexual Assault are set to change again it is important institutions work towards not only implementing the changes but also educating students on what has changed.

References
AlcoholEDU and sexual assault prevention. (2019, December 3). Retrieved from https://www.angelo.edu/services/title-ix/alcoholedu-and-haven.php 
Baker, T. W. (2019, December 2) Personal Interview
]]> 2019-12-08 17:51:47 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421339793 Slide #3 Professional Association lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421339913 ATIXA'S OCR REGS WEBINAR REVIEW SERIES
On the ATIXA website, several resources cover the issue of Title IX, including both Pre K-12 and post-secondary education. Here you will find some training resources, including two webinars covering a regulation overview and effective commenting. The first webinar provides an overview of the proposed regulations. It provides an overview of the Title IX Statute and the incoming changing. Both webinars are free.

References
ATIXA Webinars. (2019, December 8). Retrieved from https://atixa.org/resources/free-resources/free-webinars/]]> 2019-12-08 17:52:30 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421339913 Slide #4 Current Events - States Wade Into Title IX Debate lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421339959
  • Texas Legislature passes a flurry of bills that will apply more pressure on colleges to address campus-based sexual harassment and assault
  • Colleges must provide more resources to students and survivors of sexual assault
  • The implementation of the requirement of institutions making a note on student transcripts of they are asked to leave for nonacademic reasons
  • The Baylor Effect - has been a push for lawmakers to take strict action on campus sexual misconduct after the 2016 report of the mishandling of sexual assaults by Baylor football players, coach, and president. 
  • New criminal penalties for campus officials who fail to report sexual harassment or misconduct - this legislation passing without a single no vote
    • The law would also apply to student staff members who fail to report
  • While the overall goal of the bill is to protect survivors and prevent sexual assault. Some feel like there is a better approach. 

    • References
    Kreighbaum, A. (2019, June 19). States wade into title IX debate. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2019/06/19/texas-legislation-contrasts-devos-take-campus-sexual-misconduct
    ]]>     2019-12-08 17:52:51 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421339959     Slide #5 Current Events - Between a Rock and Title IX lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340029
  • Former professor, Laura Jean Champagne, filed a lawsuit against Goodwin College in Connecticut for wrongful termination and retaliation after she refused to reveal the identity of a student who disclosed that another professor sexually harassed her. 
  • After meeting with the Title IX coordinator and being approached by the provost, Champagne was told to make a formal incident report where she continued to leave the student's name out per the student request. 
  • She continued to be pressured by administrators to disclose the student's name. Then a human resources employee asked her if she would reveal the name if she knew she was going to lose her job over it. 
  • Champagne pointed out that the university allows anonymous complaints. However, the university stated that she could be an anonymous reporter but that she would still have to reveal the student's name. She didn't, and days later was terminated. 
  • This case argues that professors are "responsible employees" under Title IX, so they do have to disclose what they know about reports of sexual harassment on campus. And with proper training mandatory reported being told to stop a student if they feel they are going to disclose information involving a Title IX issue and let them know they have to report everything they are told. 

    • References
    Flaherty, C. (2019, October 22). Between a rock and title IX. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2019/10/22/professor-says-she-was-fired-refusing-disclose-victims-name
    ]]>     2019-12-08 17:53:15 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340029     Slide #6 Original Source of Law - Administrative Law lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340103 Dear Colleague Letter
    Source of Law:     Federal Administrative Law
    Citation: Ali, R. (2011, April 4) Dear Colleague Letter:Washington, DC: U.s Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/print/about/offices/list/ocr/letters/colleague-201104.html
    • Provides guidance and examples about key Title IX requirements and how they relate to sexual violence,
    • Discusses proactive efforts school can take to prevent sexual violence.
    • Discusses the relationship between Title IX, FERPA, and the Clery Act. 
    • Provides enforcement strategies that schools may use to respond to sexual violence.
    • List a school's obligations under Title IX regarding sexual violence.

    ]]>     2019-12-08 17:53:38 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340103     Slide #7 Original Source of Law - Statutory Law lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340163 Title IX of the Education Amendments of 1972
    Source of Law:     Federal Statutory Law
    Citation: Title IX of the Education Amendments of 1972, 20 U.S.C Sec. 1681-1688. Retrieved from https://www.justice.gov/crt/title-ix-education-amendments-1972
    • Prohibits discrimination on the basis of sex in any federally funded education program or activity
    • Equity in athletics
    • Covers sexuals volience and the responsibilities schools have to respond to sexual violence in accordance with Title IX immediately
    ]]>     2019-12-08 17:54:01 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340163     Slide #8 Original Source of Law - Statutory Law lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340261 S. B. No 212
    Source of Law:     State Statutory Law
    Citation: Texas Senate Bill 212, 86(R), 2019. Retrieved from https://capitol.texas.gov/BillLookup/Text.aspx?LegSess=86R&Bill=SB212
    • Reporting requirement for certain incidents of sexual harassment, sexual assault, dating violence, or stalking at certain public and private institutions of higher education; creating a criminal offense; authorizing administrative penalties.
    • Criminal Penalties for campus officials who fail to report sexual harassment or misconduct to their institutions Title IX coordinator, including mandatory student reports (student staff)
    ]]>     2019-12-08 17:54:34 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340261     Slide #9 Original Source of Law - Judicial Law lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340300 Grove City College v. Bell, (1984)
    Source of Law:     Judicial Law
    Citation:     Grove City College v. Bell, 465 U.S. 555 (1984) 
    • University was consistently refused state and federal financial assistance, but accepted students who received Basic Educational Opportunity Grants (BEOG's) which meant the university did receive assistance 
    • The college refused to comply with the requirements of Title IX because of this and argued the provisions of Title IX violate the First Amendments rights of the College
    • "The Court held that there was no "substantive difference" between institutional assistance and aid received by a school through its students; Title IX coverage, the Court found, was triggered by the BEOG's. The Court noted that the assistance did not trigger institution wide coverage under the Amendments, however. Only the College's financial aid program was subject to the federal requirements. The Court concluded that prohibiting discrimination as a condition for federal assistance did not infringe upon the First Amendment rights of the College and that the school was free to end its participation in the grant program" (Grove City College v. Bell. n.d).

    References
    Grove City College v. Bell. (n.d.). Oyez. Retrieved December 8, 2019, from https://www.oyez.org/cases/1983/82-792
    ]]>     2019-12-08 17:54:49 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340300     Slide #10 Local Administrative Law/Policy/Rule lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340367 Title IX at Angelo State University
    The Title IX office offers a number of resources to students that breakdown the law for students to understand. This web page defines sexual misconduct and provides students with behaviors and examples of behaviors covered by ASU's sexual misconduct policy giving students a better understanding of the univerisities policy and Title IX.

    References
    Title IX at Angelo State University (n.d.) Retrieved from https://www.angelo.edu/services/title-ix/]]>     2019-12-08 17:55:11 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340367     Slide #11 Ethical Principle lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340446 Principle IV - Justice
    Operate within the framework of laws and policies
    As student affairs professionals, it is vital to recognize our powers as university officials and execute them as the law and policies state we should protect the rights of students. The ethical principle of justice includes reporting any knowledge of sexual harassment or sexual misconduct. As part of this role and ethical principle, it is essential as an advocate of student success we inform students of our position as a mandatory reporter so we can empower them to make the right decision for themselves.

    Reference
    Council for Advancement of Standards (CAS). (2006) CAS statement of shared ethical principles. CAS. Retrieved from https://www.naspa.org/images/uploads/main/CASethicsstatement.pdf]]>     2019-12-08 17:55:40 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340446     Slide #12 Non-Law Source lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340503 Know your IX
    This website provides a number of resources covering Title IX, including knowing your rights, getting involved, to resources for hosting your own Title IX programs. The website includes definitions of the role of a Title IX Coordinator, notices of nondiscrimination, clear grievance producers, and prompt responses to violence. It is a great resource for both professionals and students.

    References
    Know your IX (n.d) Retrieved from https://www.knowyourix.org/college-resources/title-ix/]]>     2019-12-08 17:56:00 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340503     Slide #13 Recommendations/Best Practices for Compliance lwright232 https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340574
  • Under Title IX of the Education Amendments of 1972: No person in the United States hall, 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. 
  • Schools must have an established procedure for handling complaints of sexual discrimination, harassment, and violence.
  • Continued training for members of the Title IX team and all mandatory reported, including student staff members that are considered to be mandatory reporters. 
  • Practices for professional staff members to stay up to date on the changes to Title IX coming from the Trump administration in the form of monthly newsletters from a professional association or the Title IX office
  • More training from outside resources like ATIXA 
  • Mid-year checks on student knowledge of Title IX and how it impacts them. 
    • ]]>     2019-12-08 17:56:23 UTC https://padlet.com/lwright232/tqsnkwpydcjl/wish/421340574