U.S. Department of Justice Affirms Title IX Protection for Transgender Students

Today, the Department of Justice affirmed that Title IX protects the right of transgender students to use the restroom that matches their gender identity. Earlier this month, G.G., a transgender boy in Virginia sued his school district for denying him access to the boys’ restroom and is seeking a court order requiring the school to allow him to use the boys’ restroom before the new school year begins.

The U. S. Department of Justice filed a brief urging the court to grant that relief because denying him access to the restroom violates the school district’s obligations under Title IX. The brief expresses the federal government’s long-held view that Title IX prohibits discrimination against transgender students, a position it has previously taken in Title IX guidance documents and enforcement actions.

 

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DOJ: Gloucester transgender student’s lawsuit has merit under Title IX

The lawsuit filed by a 16-year-old transgender student over Gloucester County’s school restroom policy has merit under federal law, according to court documents filed by the U.S. Department of Justice on Tuesday.

The department filed what is called a “statement of interest” in federal court regarding the lawsuit filed earlier this month on behalf of Gavin Grimm by the American Civil Liberties Union. The document filed this week claims the district’s policy violates Title IX of the Education Amendments of 1972 because it discriminates on the basis of sex, which the department states includes gender identity and transgender status.

Grimm’s lawsuit seeks a court order requiring the School Board to let Grimm, who was born a biological female but identifies as a transgender boy, use the boys restroom.

The suit is charging the division with sex discrimination because of a restroom use policy that was approved by the School Board last December.

The policy restricts students to either single-stall restrooms or the restrooms designated for their biological gender.

The court document filed this week by the U.S. Department of Justice states “there is a strong public interest in requiring the District to treat [Grimm], a transgender male student, like all other male students, including allowing him to use the male restrooms at Gloucester High School.”

It also states that even though Grimm “was assigned the female sex at birth … his gender identity is male and he presents as a boy in all aspects of his life.”

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ADA Update: A Primer for State and Local Governments

Monday, June 15, 2015
Subject: ADA Update: A Primer for State and Local Governments

 

Just released last week, the Department of Justice has published a new technical assistance document, ADA Update: A Primer for State and Local Governments, (attached as a PDF file) to help State and local government officials understand how title II of the ADA applies to their programs, activities, and services. This 16-page illustrated guide addresses general nondiscrimination requirements, such as provisions relating to program accessibility, service animals, communicating with people with disabilities, other power-driven mobility devices, and policies and procedures. The document also addresses how the 2010 ADA Standards for Accessible Design apply to the built environment, including existing buildings and facilities, new construction, and alterations.

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School districts ramp up training after Forest Hills sex assault lawsuit, federal investigation

GRAND RAPIDS, MI – After watching Forest Hills Public Schools undergo a federal investigation and lawsuit for its handling of a student’s campus sex assault allegations, school districts in the region are being more proactive about training employees.

“What was and is a difficult situation for Forest Hills is a learning opportunity for other school districts,” said Coni Sullivan, assistant superintendent for Human Resources and Legal Services for the Kent Intermediate School District. “We want districts to be proactive in approaching any type of harassment, not just Title IX.”

Title IX prohibits discrimination on the basis of gender in all education programs or activities that receive federal financial assistance. While most commonly known for promoting gender equality in sports participation, it protects against any type of sex-based harassment, such as sexual violence.

On Wednesday, Forest Hills Superintendent Dan Behm confirmed the district settled the federal lawsuit regarding the 2010 alleged sexual assault of a 15-year-old at Forest Hills Central by a student athlete for $600,000.

Related: School pays former student $600K for sex assault, harassment claims

Under Title IX, schools districts are required to respond promptly and effectively to student-on-student sexual harassment and assault to mitigate the effects of the hostile learning environment.

This spring and summer, the Kent Intermediate School District and other ISDs, as well as individual school systems, are doing extensive Title IX compliance and investigation training. On Wednesday, Katie Broaddus, an attorney with Thrun Law Firm, trained all Byron Center schools’ administrators and directors.

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In March, U.S. District Judge Paul Maloney ruled Forest Hills failed to train school workers on response to complaints of sexual assault and harassment. And the U.S. Department of Education’s Office of Civil Rights said the 10,000-student district failed to properly investigate claims by the girl in its report.

Related: Former Forest Hills student’s report of sex assault, harassment a challenge for families, district

Sullivan said the ISD held April and May training and one is scheduled for August that will continue to drill down on Title IX, all related laws and how to conduct thorough investigations. She said school leaders know now that OCR expects a parallel investigation to what law enforcement is engaged in if the case is criminal – and that it needs to be timely.

“When it comes to investigating alleged sexual harassment that also could be a crime, you can’t just punt to police,” said Lisa Swem, an attorney with Thrun Law Firm, who conducted Title IX training sessions for KISD.

“School officials are committed to complying with Title IX. “I think the OCR position is challenging, particularly when it involves an alleged crime. The fact of the matter is educators are not trained criminal investigators or forensic interviewers.”

Swem said Title IX cannot be looked at in a vacuum. She said there are many layers because of the different laws that can come into play, such as Family Educational Rights and Privacy Act, which generally prevents the disclosure of confidential information about other students.

School districts are sending more staff to be trained now, not just the designated Title IX coordinator or human resources staff,

“Once the news about Forest Hills came, I knew we had to train all our principals and directors,” said Byron Superintendent Dan Takens about Wednesday’s district training and sending staff to ISD sessions. “We all need to know what to look for and the appropriate steps to take.”

Northview Superintendent Mike Paskewicz said district administrators will undergo training in August. He said Forest Hills thought they were following appropriate procedures but everyone is aware now that OCR is expecting something more rigorous.

“Districts have to be very specific about their sexual harassment policies and be prepared to investigate,” he said.

Forest Hills said that a Kent County sheriff’s detective told them not to conduct their own investigation – a claim authorities later denied.

Swem is encouraging school leaders to be proactive and meet with their local law enforcement to better understand one another’s roles and responsibilities and to educate them on their federal responsibilities under Title IX.

The Ottawa and Muskegon ISDs will host a one-day training on June 24 to ensure that “reports and complaints are adequately, reliably and impartially investigated.”

Monica Scott is the Grand Rapids K-12 education writer. Email her atmscott2@mlive.com and follow her on Twitter @MScottGR or Facebook

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Forest Hills Schools settles sex assault suit for $600K

According to ATIXA, the average Title IX lawsuit settlement is $200,000.

 

Source: http://woodtv.com/2015/06/17/forest-hills-schools-settles-sex-assault-lawsuit-for-600k/

 

Forest Hills Schools settles sex assault suit for $600K


Dani Carlson and 24 Hour News 8 web staff  
Published: June 17, 2015, 10:17 am  Updated: June 17, 2015, 7:26 pm
ADA TOWNSHIP, Mich. (WOOD) — A student who sued Forest Hills Public Schools after claiming she was sexually assaulted by a classmate will be paid a $600,000 settlement.

The student claimed that the school district did not protect her from harassment after she filed a complaint, and instead protected the suspect, who was an athlete. She was 15 at the time of the incident in 2010.

Settlement agreements obtained through the Freedom of Information Act show the school district’s insurance carrier agreed to pay the victim $600,000 to settle the lawsuit. The plaintiff will have to pay her attorney costs and taxes from that sum.

A federal judge had previously ruled that the school district failed to train its staff in how to properly handle Title IX allegations. Under the settlement agreement, Forest Hills Public Schools “will sponsor Title IX training as part of its existing Global Learning Initiative program.”

Part of Title IX requires that school districts “take prompt and effective corrective action,” which includes conducting a separate investigation that may not wait until after a criminal investigation is complete.

“The school cannot just throw up their hands and say, ‘Hey, criminal act, we’re out of it. Call the cops. Our job is done.’ That’s just not the law,” said attorney Genie Eardley.

Eardley is suing Grand Rapids Public Schools on a different alleged Title IX violation.

But Charyn Hayn, an attorney with Varnum LLP, a law firm that represents other school districts, said that school investigations don’t have the same power as criminal ones.

“The district should, at the same time the criminal investigation is ongoing, continue their own investigation. I think the disconnect — if you can call it that — comes just the fact that the internal investigation done by these schools Title IX coordinator is limited,” Hayn said.

She said the districts don’t have subpoena power and the administrators, and teachers investigating may have training but not day-to-day experience.

“The process they have to follow, they don’t have to do it very often, thank goodness. I mean, this is not a daily experience for any district,” Hayn said.

The student, identified as Jane Doe in legal documents, claims she was sexually assaulted by classmate and star basketball player Marques Mondy in a band practice room in 2010.

Prosecutors originally chose not to pursue the case, but later filed charges against Mondy after another student came forward with allegations that he inappropriately touched her, as well.

Mondy was charged with fourth-degree criminal sexual conduct, but pleaded to a juvenile charge of assault and battery and was sentenced to probation.

 

 

 

 

 

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