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AP: Sex assaults in high school sports minimized as ‘hazing’
May 8th, 2017 by

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.

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Schoolhouse Sex Assault
May 2nd, 2017 by

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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Civil Rights Reports Spotlight Eight Years of Accomplishments, Lingering Challenges
Dec 12th, 2016 by

Protecting our students’ civil rights is fundamental to ensuring they receive a high-quality education. Two reports released today spotlight the challenges and achievements of the U.S. Department of Education’s Office for Civil Rights (OCR).

 

read more: http://www.ed.gov/news/press-releases/civil-rights-reports-spotlight-eight-years-accomplishments-lingering-challenges?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

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U.S. Department of Education Levies Historic Fine Against Penn State Over Handling of Sexual Misconduct Incidents
Nov 3rd, 2016 by

NOVEMBER 3, 2016

The U.S. Department of Education today announced that it is seeking to impose on Penn State University a record fine of nearly $2.4 million for failing to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act after a comprehensive review prompted by on-campus sex offenses involving former assistant football coach Jerry Sandusky.

The penalty – the largest ever assessed for Clery violations – covers 11 serious findings of Clery Act noncompliance related to the University’s handling of Sandusky’s crimes and the university’s longstanding failure to comply with federal requirements on campus safety and substance abuse. Sandusky was convicted in 2012 of sexually abusing several young boys over multiple years, including several incidents on campus.

“For colleges and universities to be safe spaces for learning and self-development, institutions must ensure student safety – a part of which is being transparent about incidents on their campuses. Disclosing this information is the law,” said U.S. Education Under Secretary Ted Mitchell. “When we determine that an institution is not upholding this obligation, then there must be consequences.”

Under the Clery Act, colleges and universities must report to the public each year the number of criminal offenses on campus and report that information to the Department which provides it to the public. In addition, in certain cases, the institution must issue a timely warning if a reported crime represents a threat to the campus community.  The institution must also have campus crime and security policies in a number of areas and disclose those polices to their students and employees.

Soon after Sandusky was indicted in November 2011, the Department’s Office of Federal Student Aid launched an investigation of Penn State’s compliance with the Clery Act. The investigation, officially known as a campus crime program review, looked at the university’s compliance from 1998 to 2011 because the allegations of abuse covered that 14-year span.

Findings:

  • Finding #1:  Clery Act violations related to the Sandusky matter (proposed fine: $27,500).
  • Finding #2:  Lack of administrative capability as a result of the University’s substantial failures to comply with the Clery Act and the Drug-Free Schools and Communities Act throughout the review period, including insufficient training, support, and resources to ensure compliance (proposed fine: $27,500).
  • Finding #3:  Omitted and/or inadequate annual security report and annual fire safety report policy statements (proposed fine: $37,500).
  • Finding #4:  Failure to issue timely warnings in accordance with federal regulations.
  • Finding #5:  Failure to properly classify reported incidents and disclose crime statistics from 2008-2011 (proposed fine: $2,167,500).
  • Finding #6:  Failure to establish an adequate system for collecting crime statistics from all required sources (proposed fine: $27,500).
  • Finding #7:  Failure to maintain an accurate and complete daily crime log.
  • Finding #8:  Reporting discrepancies in crime statistics published in the annual security report and those reported to the department’s campus crime statistics database (proposed fine: $27,500).
  • Finding #9:   Failure to publish and distribute an annual security report in accordance with federal regulations (proposed fine: $27,500).
  • Finding #10: Failure to notify prospective students and employees of the availability of the annual security report and annual fire safety report (proposed fine: $27,500).
  • Finding #11: Failure to comply with the Drug-Free Schools and Communities Act (proposed fine: $27,500).

Penn State responded to each of the Department’s findings. After a careful analysis of the university’s response, the Department sustained all findings.

The Clery Act was passed by Congress in 1990, requiring colleges and universities participating in federal financial aid programs to track and disclose information about crime on or near campus. The Department is required by law to conduct periodic reviews of an institution’s compliance with the Clery Act. These reviews may be initiated when a complaint is received, a media event raises concerns, a school’s independent audit identifies areas of noncompliance, or other reasons.

Until now, the previous highest fine was in 2007 when FSA assessed a fine of $357,500 against Eastern Michigan Universityfor violations of the Clery Act. Under a settlement, Eastern Michigan paid a fine of $350,000.

Campus crime statistics can be found at the Department’s Campus Safety and Security database. For more information, see The Handbook for Campus Safety and Security Reporting 2016 Edition and the Department’s Campus Security website.

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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:

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