Sexual Harassment Investigations under Title IX – A Cheat Sheet

Source: https://i-sight.com/resources/cheat-sheet-sexual-harassment-investigations-under-title-ix/?leadsource=Bing&utm_source=bing&utm_medium=cpc&utm_campaign=Title%20IX%20(IQ)%20%245%20%5B75%5D&utm_term=title%20ix&utm_content=IX%20Cheat%20Sheet

 

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Sexual harassment allegations are among the most sensitive issues that an investigator may encounter. And conducting one of these investigations in an institute of higher education that receives government funding adds to the sensitivity with legal requirements under Title IX, which prohibits sex-based discrimination in education. It’s important for investigators to have deep knowledge of best practices for investigating sexual harassment and the extra requirements dictated by Title IX.


Complete the form to download your free Cheat Sheet

This cheat sheet includes information about:
  • Title IX compliance requirements
  • Standard of proof for sexual harassment allegations
  • Three concepts investigators should understand
  • The complainant’s and responder’s rights under Title IX
  • Additional resources

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TITLE IX V. FERPA: WHICH LAW TRUMPS FOLLOWING A SEXUAL HARASSMENT INVESTIGATION – BY: BETSEY HELFRICH

Source: http://www.mickesotoole.com/articles/title-ix-v-ferpa-which-law-trumps-following-a-sexual-harassment-investigation-by-betsey-helfrich/

Excerpt:

 

Sexual harassment of a student is a form of sex discrimination prohibited by Title IX.   Title IX protects students from sexual harassment at school and at school activities, including off-campus school sponsored trips.  Schools have an obligation to respond promptly and effectively to claims of sexual harassment.  Title IX regulations require schools to adopt grievance procedures which provide for the equitable resolution of sex discrimination complaints.  34 CFR 106.8(b).  As part of these procedures, schools generally conduct investigations to determine whether or not sexual harassment has occurred.  If after such investigation, a school determines that a student has sexually harassed another student, the school is responsible for taking immediate effective action to eliminate the hostile environment and prevent its recurrence.  34 CFR 106.31(b).   Steps should be taken to effectively and immediately end the harassment, which may include ordering the alleged harasser to stay away from the complainant or implementing a long-term suspension or possibly even expulsion for the harassing student.  However, this brings us back to the question – does the complainant have the right to know the outcome of your investigation and the consequence for the alleged harasser? Title IX guidance from the U.S. Department of Education says yes.

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What to do when K-12 schools don’t follow Title IX – Adele P. Kimmel

In this excerpt from Sexual Harassment: Not in Our School! Public Justice Senior Attorney Adele P. Kimmel explains schools’ responsibilities to address sexual harassment and assault. Watch the full video at http://bit.ly/2q6dVqt and Part 2 at http://bit.ly/2pvZZs8 Sexual Harassment: Not in Our School! is an empowering video for middle and high school students, K-12 parents, schools, and community organizations. It’s about gender equality in education, students’ protections under Title IX, and much more. As high school students plan for their new gender equality group, we watch them interview nationally recognized education, legal, and LGBTQ experts and learn from counselors, advocates, and students. The video provides practical information on how to address sexual harassment and assault when it impacts a student’s education. Students and experts present powerful yet simple ways to make schools safe and free from sex discrimination. Visit SSAIS.org/video to learn how to bring Sexual Harassment: Not in Our School! to your audience free of charge. Share it widely using the Presentation Guide to start the conversation!

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AP: Sex assaults in high school sports minimized as ‘hazing’

The Georgia school district said it was investigating the baseball players for “misbehavior” and “inappropriate physical contact.” What it didn’t reveal was that a younger teammate had reported being sexually assaulted.

Even after players were later disciplined for sexual battery, the district cited student confidentiality to withhold details from the public and used “hazing” to describe the incident, which it also failed to report to the state as required.

Across the U.S., perhaps nowhere is student-on-student sexual assault as dismissed or as camouflaged as in boys’ sports, an Associated Press investigation found. Mischaracterized as hazing and bullying, the violence is so normalized on some teams that it persists for years, as players attacked one season become aggressors the next.

read more …………..

 

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Schoolhouse Sex Assault

10 stories

Student-on-student sexual assault is not just a problem on college campuses. It threatens thousands of kids a year in elementary, middle and high schools across America. Rich or poor, urban or rural, no school is immune.

AP journalists spent a year investigating sexual assaults in elementary and secondary schools. It found they occurred anywhere students were left unsupervised: buses and bathrooms, hallways and locker rooms. Sometimes, victims and offenders were as young as 5 or 6. Analyzing information from state education agencies and federal crime data, AP found about 17,000 official reports of sexual assaults by students over a four-year period. Experts believe that’s the tip of the iceberg.

Go to – https://www.apnews.com/tag/SchoolhouseSexAssault

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