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Title IX Official Training

Decatur County Schools

Chip Davis, Title IX Coordinator/ Federal Programs/Student Services

Jennifer Wilkinson, Title IX Coordinator/ Human Resources/Employee Services

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Overview of Title IX �and Case Law

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Title IX

  • “No person in the US 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. ”
  • Remember Title IX was enacted to prevent discrimination on the basis of sex and sexual harassment is only one form of potential sexual discrimination. Title IX also addresses the treatment of pregnant and parenting students, discipline, single-sex education, athletics, and employment.
  • Title IX- Non Discrimination Statement- Shall not discriminate on the basis of race, color, national origin, sex, age, veteran status, or handicapping condition in its educational programs, activities, and employment practices.
  • New interpretation of the word ‘sex’ in the discrimination statement.
  • Changed definition of sexual harassment
  • Applies to Students and Employees

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What is Discrimination?

It is a policy of the Decatur County Board of Education not to discriminate on the basis of race, color, national origin, sex, age, veteran status, or handicapping condition in its educational programs, activities, and employment practices.

The Board shall comply with all aspects of Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964 (amended, 1973), Title VII of the Civil Rights Act of 1964 (amended, 1974), Title XXIX of the Age Discrimination Act of 1967, and Section 504 of the Rehabilitation Act of 1973, and Title II of the Carl D. Perkins Vocational Education Act of 1984.

 

For compliance information contact the Coordinator for Title VI, Title IX and Section 504

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Case Law

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Case Law

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Georgia Case Law

  • J.F.K. v. Troup County School District, Georgia 2011.

Teacher/cheerleading coach shows a lot of interest in one student that others notice, but no indication of anything physical or sexual. Father meets with administration on three occasions to ask teacher to leave son alone. Because “There [were] no reports or even hints that [the administration] was aware that [the teacher] was discussing sex, inappropriately touching [the student] offering [the student] some form of quid pro quo for sex, or using derogatory language to [the student] that related to sex or his gender,” there was no Title IX liability

  • Sauls v. Pierce County School District, Georgia 2005

Teacher had a consensual sexual relationship with a student who was over 16. Many of the encounters took place in her classroom. Teacher has previously been accused of having a similar relationship with another student, but when District investigated, both teacher and the student credibly denied. When school learns of allegations of relationship with second student, school reports to PSC and took steps to prevent contact between teacher and student. • “Although…officials ultimately may have been ineffective in preventing…harassment … they did not act with deliberate indifference.”

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Georgia Case Law

  • Conway v. Forsyth County School District, Georgia 2007

Student alleges that teacher acted inappropriately. Other student witnesses dispute students account and indicate student had a reason to fabricate allegations against teacher. District finds other witnesses more credible than student, but still issues letter of direction to teacher warning him to be careful going forward. Court finds that response was not deliberately indifferent.

  • Doe as Next Friend of M.W. v. DeKalb County School District, 2018.

Custodian alleged to make a student uncomfortable by throwing a piece of candy at her rear end. Reported to principal who addressed it appropriately. District issued letter of reprimand and assigned custodian to a shift that would have him working when students were not present. • Two years later, another student complains that the custodian made inappropriate comments. Principal follows protocol and noted this was the second time the employee had been accused. Employee again directed not to have contact with students and schedule was again modified to minimize student conduct. • Custodian then sexually assaults a student off campus during the summer. That student enrolled at the school where the custodian was employed, and she was very uncomfortable. A friend reported the inappropriate behavior to her mother who calls principal. Employee allowed to resign and pled guilty to criminal charges. Court finds that giving the employee a second chance was not reasonable under Title IX.

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Title IX Changes

  • Supportive Measures
  • Need for fairness and neutrality
  • Emphasis on due process
  • Really need to have two investigations: how to appropriately respond to the

complainant and how to deal with respondent.

  • Divides up Title IX Responsibilities

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What is Sexual Harassment?

  • Quid pro quo – a District employee conditioning the provision of an aid, benefit, or service of the District on an individual’s participation in unwelcome sexual conduct.
  • Unwelcome conduct to be determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s educational program; or activity.
  • • “Sexual assault” (as defined by the Clery Act), “dating violence”, “domestic violence”, or “stalking” (as defined in the Violence Against Women Act)

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Sexual Harassment, What Changed?

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What is “NOTICE”?

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Deliberate Indifference, What Changed?

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Who is the Complainant?

The Complainant is any person that is participating, or attempting to participate in, the district’s education program or activity- Employee or Student

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What is an Education Program or Activity?

Education Program or Activity includes location, events, or circumstances over which the District exercises substantial control over both the respondent and the context in which the sexual harassment occurs, including but not limited to on school premises, a school bus or other school related vehicle, a school bus stop, an activity or event sponsored by a school, whether or not it is held on school premises, and any other program or function where the school is responsible for the student.

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Response to Report

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What is the purpose of the Title IX Investigation?

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Steps in the Investigation Process

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Steps in the Investigation Process

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All Parties have the right to: �

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Questions or Concerns

Chip Davis, Federal Programs

  • Student Services Title IX Coordinator and Non Discrimination Complaints
  • 229-248-2835
  • cdavis@dcboe.com

Jennifer Wilkinson, Human Resources

  • Employee Title IX Coordinator
  • 229-248-2806
  • jwilkinson@dcboe.com