Title IX�Sexual Harassment Training

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Shfanta McGee

Title IX Coordinator

Michele Morris

General Counsel

What is 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 subject to discrimination under any education program or activity receiving Federal financial assistance…”

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Title IX of the Education Amendments of 1972

Implementing Regulations at: �20 U.S. Code §1681

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Title IX Policies

Policy 3-7a Sexual Harassment (Employees)

Policy 3-7a - AG Title IX Sexual Harassment Grievance Process

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Policy 4-7a Sexual Harassment (Students)

Policy 4-7a AG – Title IX Sexual Harassment Grievance Process

Supportive Measures for Employees

• Additional adult in classroom
• Restricted movement in a building
• Administrative leave with pay

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Your Responsibility

Policy 3-7a and 4-7a Sexual Harassment, state:

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“Any employee or member of the Board who has actual knowledge of sexual harassment or allegations of sexual harassment occurring in the education program or any activity of the school system must report that information immediately to the Superintendent or Title IX Coordinator.” 

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UCPS Liability

• If UCPS has a notice of sexually hostile environment and does not take corrective action, it is a violation of Title IX

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• Liability attaches if UCPS knew or should have known harassment exists and failed to take steps to prevent harassment and its recurrence.

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Terminology

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• Sex discrimination- Discrimination based on sex, including but not limited to sexual orientation and gender identity, in educational programs and activities.
• Sexual harassment – conduct on the basis of sex prohibited by Title IX:
• Hostile Environment

Unwelcome conduct (verbal or nonverbal) determined by a

reasonable person to be so serve, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education programs or activities; or

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Definitionsof Sexual Harassment

• Quid Pro Quo - when someone in a position of authority over another directly or indirectly demands sexual favors in exchange for some benefit or to avoid some detriment (typically employee to employee)
• Examples:
• Head Coach and assistant coach - assistant being told that complying will help them to get a head coaching job
• Head Coach and a Parent - in exchange for a student’s playing time being increased the parent had to get involved into intimate relationship with the coach

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Definition of Sexual Harassment

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• Sexual assault
• Rape
• Fondling
• Sexual gratification
• Incest
• Statutory Rape

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• Sexual assault also included having another peerson touch you sexually, forcibly, and/or without consent

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Terminology - Violations

• Sexual violence – Physical sexual acts perpetrated against a person’s will or where a person is not capable of giving consent:
• Rape
• Sexual assault
• Sexual battery
• Sexual abuse
• Sexual coercion
• Stalking – Interference with the peace and/or safety of a person; pattern of behavior which makes an individual feel afraid, nervous, or harassed.

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How to Report a Concern

• UCPS Tip Line –

https://www.ucps.k12.nc.us/domain/3771

• Say Something App -

https://www.ucps.k12.nc.us/domain/3771

• Talk to any UCPS employee (including administrators, teachers, and counselors)
• Contact the Title IX Coordinator

titleixcoordinator@ucps.k12.nc.us

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You can remain anonymous!

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UCPS Title IX Webpage

The Title IX webpage contains information for:

• Reporting Title IX violations;
• Filing a formal complaint (including forms);
• UCBOE Policies and Administrative Guidelines; and
• Training presentations and other resources.

https://www.ucps.k12.nc.us/Page/7918

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UCPS Title IX Coordinator

The Title IX Coordinator, Shfanta McGee, is available to assist employees/students and respond to Title IX reports.

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titleixcoordinator@ucps.k12.nc.us

704/296-0659

400 N Church Street, Monroe NC 28112

Things you should not say

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Primary Concern

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Keep students and employees safe.

H574 Fairness in Women’s Sports

“All teams participating in interscholastic or intramural athletic activities shall comply with the following:

1. Each team shall be expressly designated by the biological sex of the team participants as one of the following:

I. Males, men, or boys.

II. Females, women, or girls.

III. Coed or mixed.

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H574 Fairness in Women’s Sports Act

2. Athletic teams designated for females, women, or girls shall not be open to students of the male sex.

3. For purposes of this sub-subdivision, a student's sex shall be recognized based solely on the student's reproductive biology and genetics at birth”

Became law on August 16, 2023.

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Coaches as Volunteers

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Coaches as Volunteers

The Fair Labor Standards Act allows public employees to volunteer for their own organization when:

•“There is no promise, expectation, or receipt of compensation for the services rendered. It is acceptable to pay expenses, reasonable benefits, or a nominal fee.

•The employee offered his or her services freely and without coercion, direct or implied, from the employer, and

•The individual is either not employed by the public agency for whom the services are being performed or the individual employee is not performing the same type of services that that employee is otherwise employed to perform.”

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Coaches as Volunteers

Why is this important for coaches to understand this?

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The law regarding the release of personnel records and volunteer records is different. NCGS 115C-319 states that personnel records are not subject to public inspection under the public records law. NCGS 115C-320 enumerates certain information that would be considered public.

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Volunteer records are not subject to public inspection except to certain categories of persons, including the “parent or guardian of any student with whom the volunteer has or had contact.” NCGS 115C-209.1.

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