OCR Issues New Case Processing Manual – Effective March 5, 2018

U.S. DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
CASE PROCESSING MANUAL (CPM)
EFFECTIVE DATE: MARCH 5, 2018

https://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.pdf

 

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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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Guide to the College Discipline Process

Source: http://www.prweb.com/releases/2017/12/prweb14992065.htm

Guide Published for College Students and Their Parents Nationwide on Title IX, Sexual Assault, Conduct Code Violations, Due Process and School Discipline Proceedings

Duffy Law, LLC, a law firm in Connecticut focusing on the representation of college students across the country, has published a comprehensive guide to help students and parents navigate the fast-changing world of Title IX, sexual assault, conduct code violations and the university disciplinary process.

Duffy Law, LLC, a law firm in Connecticut focusing on the representation of college students across the country, has published a comprehensive Guide to help students and parents navigate the fast-changing world of Title IX, sexual assault, conduct code violations and the university disciplinary process.

According to Felice Duffy, the firm’s founder, students and parents typically underestimate both the complexity of the process and the possible negative consequences of being found “responsible” for a disciplinary violation. “College students understandably think that if they simply tell their side of the story that the school will treat them fairly. Unfortunately, many schools have reacted to increased federal regulatory scrutiny and generalized social pressure in response to the serious issue of campus sexual assault by creating well-meaning but flawed disciplinary systems that create as many problems as they’re trying to solve. We wrote this guide to give students and parents the information they need to make better choices before they’re retraumatized by untrained school personnel, or hit with severe, long-term consequences such as suspension or expulsion.”

The 23-page Guide covers all phases of the common disciplinary process including investigations, hearings, findings, sanctions and appeals. It contains information gathered on a daily basis from the firm’s work representing both complainants and accused at both large and small, public and private institutions in every region of the U.S.

Attorney Felice Duffy is a pioneer in both Title IX and U.S. women’s soccer. She filed a Title IX action against the University of Connecticut as an undergraduate in 1978 to compel the funding of a women’s varsity soccer team. She then earned her Ph.D. in Sports Psychology while playing at the national club level. Duffy went on to become head coach of the Yale women’s soccer team for 10 years before going to Quinnipiac law school, where she graduated first in her class. After stints at major New York and Connecticut law firms, she served for 10 years as an Assistant Federal Prosecutor before opening Duffy Law, LLC in 2015.

 

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TITLE IX.COM The Internet’s Primary Clearinghouse for All Things Title IX

The Internet’s Primary Clearinghouse for All Things Title IX

TITLE IX.COM

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