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Considerations for School District Sexual Misconduct Policies
Sep 19th, 2016 by

Considerations for School District Sexual Misconduct Policies highlights issues for K-12 districts to consider when bringing together a multi-disciplinary team to develop sexual misconduct policies as part of their overall response to sexual misconduct. By using this document as a guide, it will enable K-12 teams to include all the essential components of a comprehensive sexual misconduct plan. The document covers reporting options, support services for victims, definitions, confidentiality, the grievance process, and other critical areas. It also provides links to Federal government resources for those wanting further detail on a particular topic.

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The Safe Place to Learn resource package
Sep 19th, 2016 by

The Safe Place to Learn resource package provides a range of materials that address peer-to-peer sexual harassment.  It is designed to help establish and maintain a safe, supportive learning environment and mitigate factors that interfere with learning. This resource package supports school district and school staff efforts to:

  • comply with Title IX sex discrimination prohibitions and
  • create a positive school climate.

Safe Place to Learn is one set of materials among a diverse collection of tools commissioned by the White House Task Force to Protect Students from Sexual Assault.

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Find Your Title IX Coordinator on This Map
Jun 24th, 2016 by

All K–12 schools that receive federal funds must designate at least one employee to coordinate their efforts to comply with and carry out their responsibilities under Title IX. These Title IX coordinators ensure that every person affected by sex discrimination in schools — students, parents, and employees — are aware of their legal rights, including how to file a complaint.

 

Find Your Title IX Coordinator on This Map

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How Teachers and Coaches Can Defend Against Sexual Harassment
Jun 15th, 2016 by

Katz Marshall & Banks LLP

USA June 14 2016

Over forty years ago, Congress enacted Title IX of the Education Amendments of 1972 (Title IX) to eliminate sex discrimination in educational institutions. Though much progress has been made since Title IX’s enactment, gender equity issues continue to plague colleges and universities. While responsibility for ensuring full and effective compliance with Title IX requires institutional support and engagement at all levels, teachers and coaches play a particularly important role in ensuring effective enforcement of Title IX, as they are often in the best position to identify discrimination and bring it to the attention of administrators.

Unfortunately, however, it is not uncommon for teachers or coaches to face pushback from their educational institutions if and when they complain about sex discrimination. While such retaliatory acts can be intimidating, teachers and coaches should not be deterred from making Title IX complaints because of fear of retaliation. Indeed, because reporting incidents of discrimination is so vital to Title IX enforcement, the Supreme Court has held that Title IX’s private right action encompasses suits for retaliation – see Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 174 (2005). That means that institutions covered under Title IX are prohibited from terminating or otherwise discriminating against a teacher or coach because he or she opposed or protested sex discrimination.

Though the statute of limitations within which you must bring a Title IX retaliation claim varies by state, all Title IX retaliation complaints require proof of three elements that teachers or coaches considering filing a complaint should be aware of. Stated simply, these elements are:

read more ………..

 

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Obama administration links bathroom bills to Title IX funds
May 13th, 2016 by

  • bathroom sign
CNN

(CNN) —The Obama administration will issue guidance Friday directing public schools to allow transgender students to use bathrooms matching their gender identity.

A joint letter from the Departments of Education and Justice will go out to schools on Friday with guidelines to ensure that “transgender students enjoy a supportive and nondiscriminatory school environment,” the Obama administration said on Thursday.

The announcement comes amid heated debate over transgender rights in schools and public life, which includes a legal standoff between the administration and North Carolina over its controversial House Bill 2. The guidance goes beyond the bathroom issue, touching upon privacy rights, education records and sex-segregated athletics, all but guaranteeing transgender students the right to identify in school as they choose.

“There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex,” Attorney General Loretta Lynch said. “This guidance gives administrators, teachers and parents the tools they need to protect transgender students from peer harassment and to identify and address unjust school policies.”

The letter does not carry the force of law but the message was clear: Fall in line or face loss of federal funding.

Justice and Education Department officials have repeatedly made clear that under their interpretation of Title IX, the federal anti-discrimination law in education, schools receiving federal funds may not discriminate based on a student’s sex, including a student’s transgender status.

“The guidance makes clear that both federal agencies treat a student’s gender identity as the student’s sex for purposes of enforcing Title IX,” the administration said Thursday.

LGBT groups praised the announcement, calling it a validation of transgender rights and a repudiation of so-called “bathroom bills” that ban people from using public bathrooms that do not correspond with their biological sex.

“These groundbreaking guidelines not only underscore the Obama administration’s position that discriminating against transgender students is flat-out against the law, but they provide public school districts with needed and specific guidance guaranteeing that transgender students should be using facilities consistent with their gender identity,” said Human Rights Campaign President Chad Griffin.

“This is a truly significant moment not only for transgender young people but for all young people, sending a message that every student deserves to be treated fairly and supported by their teachers and schools.”

The letter emphasizes the departments’ shared position that schools must treat transgender students the way they want to be treated based on their gender identity, regardless of how others may feel about it.

Schools should let transgender students use bathrooms, locker rooms and other sex-segregated facilities consistent with their gender identity, according to the guidance. Staff should address transgender students by their preferred names and pronouns. Schools cannot require students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate before treating them consistent with their gender identity, the guidance states.

“As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students to ensure that all students, including transgender students, can attend school in an environment free from discrimination based on sex,” the letter says.

The guidance takes the same approach to the bathroom issue: A school may provide gender-separated facilities but it must allow transgender students access to such facilities consistent with their gender identity. If a school opts for individual stalls it must make them available to all students.

U.S. Secretary of Education John B. King Jr. said the letter comes in response to request from schools and parents seeking guidance.

“This guidance further clarifies what we’ve said repeatedly — that gender identity is protected under Title IX,” he said. “We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence.

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