New Resource on How to File a Title IX Complaint

New Resource on How to File a Title IX Complaint

SSAIS collaborated with Dr. Bill Howe to create the guide How to File a Title IX Complaint in K-12 Schools: A Guide for Parents and Guardians. It’s for those wanting to file a complaint regarding sexual harassment, sexual violence, sex discrimination, and other violations of state and federal civil rights laws regarding gender discrimination.

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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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Section 504 – Resources & Training

Source: http://education.state.mn.us/MDE/dse/504/

 

Section 504

Section 504 of the Rehabilitation Act of 1973 (34 C.F.R. Part 104) is a federal civil rights statute that assures individuals will not be discriminated against based on their disability. All school districts that receive federal funding are responsible for the implementation of this law.

Section 504 protects a student with an impairment that substantially limits one or more major life activities, whether the student receives special education services or not.

  • Examples of physical or mental impairments that may be covered under Section 504 include: epilepsy, AIDS, allergies, vision impairment, broken limbs, cancer, diabetes, asthma, temporary condition due to accidents or illness, ADD/ADHD, learning disabilities, autism, depression, intellectual disability, traumatic brain injury, and post-traumatic stress disorder.
  • Examples of major life activities that can be affected by the student’s disability include: learning, thinking, concentrating, reading, speaking, walking, breathing, sleeping, caring for oneself, as well as major bodily functions, including brain function, immune system function, or digestive functions. This is not an exhaustive list.

The Minnesota Department of Education (MDE) has no enforcement authority for this law. The U.S. Department of Education, Office for Civil Rights (OCR) takes complaints regarding Section 504.

OCR Region Office for Minnesota:
U.S. Department of Education
500 W. Madison Street, Suite 1475
Chicago, IL 60661
Telephone: 312-730-1560
Fax: 312-730-1576

PSEO for 10th Graders with Disabilities to take Career and Technical Education (CTE) Courses
The Minnesota Department of Education has developed a policy entitled, Alternative Eligibility Options Policy for 10th-Grade Students with a Disability Who Wish to Participate in Career and Technical Education Classes through the Postsecondary Enrollment Options Program, effective December 8, 2015. The policy, procedures, and a model modification request form can be found on our Postsecondary Enrollment Options page.

Go to full site

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Civil Rights Coordinators Data

The employees designated to coordinate schools’ compliance with civil rights laws play an essential role in ensuring that all students in the United States, regardless of their race, color, national origin, sex, or disability, have equal educational opportunities. Some schools designate one employee to coordinate compliance with all applicable civil rights laws. Other schools designate one or more employees to coordinate compliance with individual civil rights laws. These employees may have different titles at different schools (e.g., civil rights coordinators, equity coordinators, Title IX coordinators, Title VI coordinators, Section 504/ADA coordinators, disability rights coordinators, etc.).

The Department’s Office for Civil Rights collects the name, telephone number, and email address of school districts’ Title IX coordinators (sex discrimination), Title VI coordinators (race, color, and national origin discrimination), and ADA/504 coordinators (disability discrimination) as part of its Civil Rights Data Collection, which is collected every two years. The information provided here was reported to the Office for Civil Rights in 2015 in response to the 2013-2014 school year collection. Please contact the school district directly for the most up-to-date information about a school district’s civil rights coordinators.

Go here – https://www.ed.gov/civ-rts-coordinators

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