Title IX Amended Regulations:

What School Staff Must Know

IASPA Webinar Wednesday

July 17, 2024

Stephanie Jones

@EdLawSteph1

stephanie@krihaboucek.com

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Edwardsville Office

204 Evergreen Lane, Suite A

Glen Carbon, IL 62025

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Oakbrook Office

1801 S. Meyers Rd, Suite 120

Oakbrook Terrace, IL 60181

krihaboucek.com

@krihabouceklaw

Oakbrook Terrace Office

2 Trans Am Plaza Dr., Suite 450

Oakbrook Terrace, IL 60181

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Southern Illinois Office

3 Club Centre Court Suite D�Edwardsville, IL 62025

Title IX��“No person in the United States shall, �on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”��20 U.S.C. §1681(a)��

Effective Date of New Regulations

Expanded Protections for LGBTQ+ Individuals

Expanded Pregnancy Protections:

Updated Key Definitions:

�DEFINITION OF SEXUAL HARASSMENT��Sexual harassment under Title IX constitutes conduct based on sex that is so severe AND pervasive AND objectively offensive that it effectively denies a person access to the educational programs and activities of the school district.��Davis v. Monroe County School Board (1999)�

Supreme Court Definition of Title IX Sexual Harassment

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Supreme Court Explores Title VII Sex Discrimination

• Supreme Court held that Title VII protects employees for any discrimination that occurs “because of sex” and that there is no way to argue that termination because of homosexuality or transgender status is not because of sex
• ”Because of sex” includes sex sterotypes

Title IX Regulations Definintion

• Quid Pro Quo – Offer of aid, benefit, or service in exchange for unwelcome sexual conduct
• Violence based on sex – sexual assault, dating violence, domestic violence, and/or stalking defined by federal criminal statute
• Hostile Environment Harassment -- Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity

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What about Illinois Sexual Harassment? (IHRA - Employment)��

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Sexual Harassment means any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment
• Submission to or rejection of such conduct by an individual is made either explicitly or implicitly a term or condition of an individual’s employment
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
• Such conduct has the purpose of effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile or offensive working environment.

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What about Illinois Sexual Harassment? (ISBE– Sex Equity)��

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It is the policy of the State of Illinois and the State Board of Education that no person shall be subjected to discrimination on the basis of sex in any program or activity supported by school district funds.

Changes to Scope:

Trigger to Action: Constructive Knowledge by ANY staff member

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• Modified rule from “Actual Knowledge” standard
• New Standard:
• Information about conduct reasonably may constitute sex discrimination.
• Still required to report to Title IX Coordinator promptly and effectively.
• Need to provide possible complainants with contact information for Title IX Coordinator and information on how to make a complaint
• Special rule for “Confidential Employees”

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Knowledge of Discrimination – What Is Staff’s Obligation

• Report information about conduct reasonably may constitute sex discrimination to the Title IX Coordinator promptly and effectively
• Provide possible complainants with contact information for Title IX Coordinator and information on how to make a complaint
• “Confidential Employees” may keep information confidential

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What is the District’s Obligation

• Respond to allegations of discrimination promptly and effectively
• Restore access to educational programs or services
• Provide supportive measures

Promotion of Informal Resolution

Requirements:

• Written investigation and findings
• Provided to both parties

Options:

• Remedies/Discipline
• Dismissal
• Supportive measures

Requirements:

• Notice of appeal
• Equal opportunity to respond

Options:

• Upheld
• Overturned for bias, procedural error, or new evidence

Record Keeping

Requirements:

• All documentation of constructive knowledge
• All documentation of supportive measures
• All documentation of complaint process

IEP Team Involvement

Expanded Title IX Coordinator Responsibilities (1 of 4)

General Responsibilities

• Develop, maintain, and distribute Notice of Nondiscrimination to all students and staff. Include Notice in all handbooks and post prominently in buildings and on website.
• Ensures compliance with Title IX across the School District, including implementing activities to prevent and address sex discrimination.
• Maintains all records associated with complaints of sex discrimination.

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Expanded Title IX Coordinator Responsibilities (2 of 4)

Staff Training

• All Staff – Training in identifying and reporting sex discrimination including :
• the definition of sex discrimination under Title IX
• understanding constructive knowledge of sex discrimination
• staff obligations to address sex discrimination in the educational environment
• staff obligations to report constructive knowledge of sex discrimination to the Title IX Coordinator
• Facilitator of Informal Resolutions – Training regarding alternative dispute resolution, conflicts of interests, and any other aspects of their role
• Investigator and Decisionmaker – Training on the grievance process, acting impartially, the relevancy of evidence, and any other aspects of their role

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Expanded Title IX Coordinator Responsibilities (3 of 4)

Responsibilities for Pregnant Students

Upon information or belief that a student is pregnant:

• Inform the student of their rights to be free from discrimination based on pregnancy or parental status
• Offer reasonable accommodations or academic adjustments, including alternative educational programming of voluntary leaves of absence
• Provide lactation space that is clean, shielded from view, and free from interruption
• Explain the grievance procedure and its application to their condition

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Expanded Title IX Coordinator Responsibilities (4 of 4)

Responsibilities for Processing Grievances

• Implements the grievance process
• Assists complainants and potential complainants by supporting their filing of a complaint and providing them with information and resources
• Attempts to resolve complaints without resorting to the formal grievance process, if possible
• Informs all parties that the District prohibits any form of retaliation against anyone who brings a complaint of provides information to the individual investigating a complaint
• Receives complaints and notifies all involved of the process
• Investigates complaints or appoints a qualified investigator to undertake the investigation, ensuring that the complaint is investigated promptly, thoroughly, and impartially, and as confidentially as possible
• For each formal complaint, ensures the preparation of a comprehensive report describing the complaint, the investigation, and the findings and recommendations
• Processes the request for appeal of the final determination and appoints an appeals decisionmaker
• Monitors implementation of recommendations and disciplinary sanctions

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Questions?

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