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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.

read more …………..

 

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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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Idaho Elementary School Found Non-Compliant with Title IX Due to Sex-Segregated Classrooms
Dec 6th, 2016 by

by FEMINIST NEWSWIRE on Dec 6, 2016 • 11:08 AM No Comments

Last week the Office for Civil Rights (OCR) in the US Department of Education (ED) determined that Idaho’s Middleton School District was in violation of Title IX for segregating elementary school students into all-girl and all-boy classrooms.

A complaint filed by the American Civil Liberties Union (ACLU) alleged that since 2006, Middleton Heights Elementary School separated 2nd, 3rd and 4th graders into classrooms by sex under the debunked theory that boys’ and girls’ brains are fundamentally different, and therefore they need to be taught in different ways.

According to the ACLU, “The school did this by, for example, providing boys with more space to move around, asking boys questions about actions in English class and girls questions about characters’ emotions, and emphasizing competition for boys and cooperation for girls.” There is no evidence that this type of education benefits children of either sex, and, in fact, this model can contribute to illegal sex discrimination and stereotyping.

Not only was the school unable to justify the sex-segregated classrooms, but the ED’s investigation discovered that the practice led to discriminatory educational opportunities. For example the student-to-teacher ratio was lower in almost all of the boys’ classes than it was in both the girls’ classes and the coed classes.  Similarly, there was no adequate justification for single sex instruction in any subject based on beginning year sex differences or on comparative improvement data from previous years. Also for many years the school failed to notify parents that the single-sex classes were completely voluntary or to obtain their consent for their child’s participation.

The Middleton Heights Elementary School returned to co-educational classrooms at the beginning of the 2016-17 school year. Under the OCR resolution agreement the school will provide public website notification that it is discontinuing the single sex classes and remain under ED supervision until 2020.  It must also provide Title IX training and other justification requirements if it plans to re-institute any single sex classes.

The Feminist Majority Foundation’s (FMF) 2014 report “Identifying K-12 Public Schools with Deliberate Sex Segregation” identified 699 coed public K-12 schools offering some type of all-boys and all-girls classrooms and 106 public single sex schools.

In December 2014 OCR issued guidance on justifications needed for single-sex public education. Title IX Coordinators and educators with questions about what constitutes an adequate justification for single-sex classrooms can access the OCR Questions and Answers guidance here.

The 2016, the FMF report on “Reinvigorating the Role of the Title IX Coordinator” describes how to find the names and contact information for 23,000 school district and post-secondary education Title IX Coordinators.

Visit the FMF Title IX Coordinators web page and the sex segregation web page, and sign up for FMF’s Title IX Network emails.

Media Resources: ACLU 11/30/16; OCR 11/14/16, Feminist Majority Foundation 10/13/16.

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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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Obama administration links bathroom bills to Title IX funds
May 13th, 2016 by

  • bathroom sign
CNN

(CNN) —The Obama administration will issue guidance Friday directing public schools to allow transgender students to use bathrooms matching their gender identity.

A joint letter from the Departments of Education and Justice will go out to schools on Friday with guidelines to ensure that “transgender students enjoy a supportive and nondiscriminatory school environment,” the Obama administration said on Thursday.

The announcement comes amid heated debate over transgender rights in schools and public life, which includes a legal standoff between the administration and North Carolina over its controversial House Bill 2. The guidance goes beyond the bathroom issue, touching upon privacy rights, education records and sex-segregated athletics, all but guaranteeing transgender students the right to identify in school as they choose.

“There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex,” Attorney General Loretta Lynch said. “This guidance gives administrators, teachers and parents the tools they need to protect transgender students from peer harassment and to identify and address unjust school policies.”

The letter does not carry the force of law but the message was clear: Fall in line or face loss of federal funding.

Justice and Education Department officials have repeatedly made clear that under their interpretation of Title IX, the federal anti-discrimination law in education, schools receiving federal funds may not discriminate based on a student’s sex, including a student’s transgender status.

“The guidance makes clear that both federal agencies treat a student’s gender identity as the student’s sex for purposes of enforcing Title IX,” the administration said Thursday.

LGBT groups praised the announcement, calling it a validation of transgender rights and a repudiation of so-called “bathroom bills” that ban people from using public bathrooms that do not correspond with their biological sex.

“These groundbreaking guidelines not only underscore the Obama administration’s position that discriminating against transgender students is flat-out against the law, but they provide public school districts with needed and specific guidance guaranteeing that transgender students should be using facilities consistent with their gender identity,” said Human Rights Campaign President Chad Griffin.

“This is a truly significant moment not only for transgender young people but for all young people, sending a message that every student deserves to be treated fairly and supported by their teachers and schools.”

The letter emphasizes the departments’ shared position that schools must treat transgender students the way they want to be treated based on their gender identity, regardless of how others may feel about it.

Schools should let transgender students use bathrooms, locker rooms and other sex-segregated facilities consistent with their gender identity, according to the guidance. Staff should address transgender students by their preferred names and pronouns. Schools cannot require students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate before treating them consistent with their gender identity, the guidance states.

“As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students to ensure that all students, including transgender students, can attend school in an environment free from discrimination based on sex,” the letter says.

The guidance takes the same approach to the bathroom issue: A school may provide gender-separated facilities but it must allow transgender students access to such facilities consistent with their gender identity. If a school opts for individual stalls it must make them available to all students.

U.S. Secretary of Education John B. King Jr. said the letter comes in response to request from schools and parents seeking guidance.

“This guidance further clarifies what we’ve said repeatedly — that gender identity is protected under Title IX,” he said. “We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence.

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