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Title IX Coordinator Foundations Level Two: Sex Discrimination for Higher Education

Training and Certification Course

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WELCOME!

Please log in to your ATIXA Event Lobby to access the training slides, supplemental materials, and to log your attendance.
The ATIXA Event Lobby can be accessed by scanning the QR code or by visiting www.atixa.org/atixa-event-lobby .
You will be asked to enter your registration email to access the Event Lobby.
Links for any applicable training evaluations and learning assessments are also provided in the ATIXA Event Lobby.
If you have not registered for this training, an event

will not show on your Lobby. Please email events@atixa.org or engage the ATIXA website chat app to inquire ASAP.

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(610) 993-0229 | inquiry@tngconsulting.com | www.tngconsulting.com

Any advice or opinion provided during this training, either privately or to the entire group, is never to be construed as legal advice or an assurance of compliance. Always consult with your legal counsel to ensure you are receiving advice that considers existing case law in your jurisdiction, any applicable state or local laws, and evolving federal guidance.

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Content Advisory

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The content and discussion in this course will necessarily engage with sex discrimination, sexual harassment, sexual violence, and associated sensitive topics that can evoke strong emotional responses.

ATIXA faculty members may offer examples that emulate the language and vocabulary that Title IX practitioners may encounter in their roles including slang, profanity, and other graphic or offensive language. It is not used gratuitously, and no offense is intended.

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Introduction

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This training focuses on Title IX compliance responsibilities and techniques to stop, prevent, and remedy sex discrimination.

Participants will explore areas of an institution’s program or activity from which complaints of sex discrimination historically originate.

Our goal is to provide an in-depth understanding of a Title IX Coordinator’s roles and responsibilities to assess and address program-wide sex equality and access concerns.

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Introduction to Title IX Compliance

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Title IX and Fairness

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Title IX is a sex equality law
Focuses on increasing access by reducing disparities and barriers
Title IX imposes a duty on institutions to stop, prevent, and remedy inequalities created by sex discrimination

Title IX has always mandated a response to sex discrimination; however, the 2020 Title IX Regulations only apply to sexual harassment complaints, thus the 1975 Regulations pertain to sex discrimination

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Title IX Scope: Statute vs. Regulations

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Sex Discrimination

Disparate Treatment Program Access

Sexual Harassment
	Quid Pro Quo Hostile Environment	Domestic Violence Stalking
	Sexual Assault Dating Violence

Title IX

Retaliation

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Essential Compliance Elements

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The requirements to Stop, Prevent, and Remedy guide Title IX Coordinators (TIXCs) in their compliance work

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STOP discriminatory conduct

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REMEDY the effects of discrimination for individuals, for the community, and on an institutional level

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PREVENT recurrence, on both individual and institutional levels

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Title IX Compliance Oversight

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Title IX Regulations mandate that each institution designate a Title IX Coordinator (TIXC)
Responsibilities fall into two categories:

Responding to reports or complaints of sexual harassment and sex discrimination
Leading efforts to ensure sex equality and access across the entire institution

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Office for Civil Rights (OCR) Oversight

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OCR enforces Title IX compliance
Conducts compliance reviews

Responds to complaints

Common reasons for OCR investigations

Athletics issues
Single-sex programming
Failure to accommodate pregnant individuals
Failure to stop, prevent, and remedy
Failure to investigate

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Title IX Coordinator and OCR

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TIXC serves as the point person for OCR (and other federal agency) inquiries

If OCR makes contact, loop legal counsel and other stakeholders (e.g., public relations, President’s Office)

OCR investigations involve document collection and interviews, which can lead to a complaint, mediation, negotiation, settlement, or litigation
Responding to OCR complaints is a resource-intensive process

Money, time, resources, and reputation
Adds significant levels of stress

OCR can also be a resource for TIXCs

Program Legal

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Evolving Title IX Compliance

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Department of Education (ED) Updates

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Significant staffing reductions and closure of some regional offices
Federal funding and oversight shifts

Executive Order (EO): Improving Education Outcomes by Empowering Parents, States, and Communities (3/20/25)

– Directed the Secretary of Education to “facilitate closure of the Department” and “return authority to the States and local communities”

Civil Rights enforcement remains in OCR, but other agencies (e.g., Health and Human Services (HHS) and Department of Justice (DOJ)) appear to be ramping up enforcement in certain areas

ED released a Title IX-focused Dear Colleague Letter (DCL) (02/04/25), reinstating 2020 Title IX Regulations enforcement
Increased focus on Title VI

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Significant Federal Changes Impacting Title IX Compliance

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Executive Order: DefendngWomenfromGendrIdeolog Extremismandrstoring BiologcalTruthtotheFederalGovernment(01/20/25)

Defines sex as a binary concept – man or woman
Limited Bostokv.ClaytonCo nty’s holding, says it only applies to Title VII

– Dept of Justice issued guidance on 02/12/25 that Bostokdoes not apply to Title IX

Prohibits federal funds and grants from promoting gender ideology

Executive Order: KeepngMenOutofWomen’sSports(02/05/25)

Prohibits transgender women from playing women’s sports
Subject of active and rapid enforcement by Federal government

NIBRS User Manual Update: Replaced “fondling” with “criminal sexual contact” and provided a new definition (06/23/25)

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Defining Sex

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Should institutions implement the Executive Order’s definition of biological sex definition?

Likely depends on state law and court rulings in jurisdiction
Considerations:

Bostock applies an expansive definition of sex in employment
Residential schools/institutions are subject to the Fair Housing Act (FHA, aka Title VIII)

– FHA Regulations are still in effect and protect sex expansively

According to some federal court cases, sex includes sex discrimination that implicates sex stereotypes and sex characteristics

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For Reference: Rescinded Prior Guidance

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ED has rescinded all guidance documents inconsistent with the EOs or subsequent guidance

White House Toolkit on Transgender Equality
2024 Title IX Regulations: Pointers for Implementation
ED Toolkit: Creating Inclusive & Nondiscriminatory School Environments for LGBTQ Students
Supporting Intersex Students
Supporting Transgender Youth in School
Letter of Educators on Title IX’s 49^thAnniversary
Confronting LGBTQ Harassment in Schools
Enforcement of Title IX - Based on Sexual Orientation and Gender Identity in light of Bostokv. Clayto Co nty
AG’s memorandum “Application of Bostokv.Clayto Co ntyto Title IX”
EEOC’s “Enforcement Guidance on Harassment in the Workplace”

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Discrimination

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Discrimination Defined

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The act of treating an individual differently, or less favorably, based upon specific or perceived protected characteristics

Discomfort vs. discrimination

Based on a protected characteristic

Can be intentional or unintentional

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Types of Discrimination

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Disparate Treatment

Intentional
Usually requires adverse action
Affiliation or perception of affiliation with protected characteristic

Retaliation

Prohibited if engaged in protected activity
Suffered adverse academic or employment action

Harassment

QuidProQuo
Hostile Environment

Disparate Impact

Occurs with unintentional discrimination
Impact disadvantages certain groups
Limited applicability*

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Discrimination-Related Concepts

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Protected Characteristic: Personal trait that cannot be used to discriminate against someone as determined by law or policy (e.g., sex, race, national origin)
Adverse Action: An action taken against an individual that negatively impacts their access to or participation in the institution’s education program and activity
Pretext: Occurs when the Respondent asserts that there was a legitimate, non- discriminatory reason for an adverse action, but the real reason for the action was retaliation or discrimination
Similarly Situated Comparator: A person is similarly situated if it is reasonable to expect that they would receive the same treatment as the Complainant, within context

Does not mean identically situated

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Types of Complaints

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Policies, environments, resources, and structures

Systemic and long-term

May masquerade as relational complaints

Often no identifiable Respondent; may be institution

STRUCTURAL

RELATIONAL

Individuals and groups Incident- or relationship-based

Most common complaint type

May arise during a structural complaint investigation

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Types of Discrimination: Disparate Treatment

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Disparate Treatment (DT)

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Access to resources
Athletics
Grading
Hiring
Pay

Promotion/performance reviews
Program access
Responsibilities/job assignments
Shifts
Student conduct outcomes

Disparate treatment exists when an individual treats another person differently, or takes an adverse action, because of that person’s actual or perceived protected characteristic (e.g., sex)

Examples:

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Adverse Action Examples

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Abusive verbal or physical behavior
Discipline
Inaccessible resources
Inaccessible remedies
Less desirable work assignments
Not hiring/demotion/termination
Opportunity denial

Promotion/tenure denial
Poor performance reviews
Pay and compensation disparity
Supervisory responsibility removal
Unfair grading
Work-related threats

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ATIXA’s Model Policy Definition

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Disparate Treatment Discrimination:

Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived protected characteristic and that:

Excludes a person from participation in;
Denies the person benefits of; or
Otherwise adversely affects a term or condition of a person’s participation in a Recipient program or activity

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Disparate Treatment Analysis

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Disparate Treatment Construct

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Step 1: Does the complaint satisfy the required elements for a disparate treatment complaint?

Step 2: Does the Respondent offer a non-discriminatory reason for the adverse action?

Step 3: Is there evidence that the offered reason is legitimate, or is it a pretext for discrimination?

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Initial Considerations

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1(a)

Does the complaint

implicate a protected characteristic?

1(b)

Does the complaint

identify an adverse action?

1(c)

Does the complaint

assert that the protected characteristic status caused the adverse action?

Step 1: Does the complaint satisfy the required elements for a disparate treatment complaint?

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Step Two: Non-Discriminatory Reason

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Collect evidence related to any proffered non-discriminatory reason

Interview the Respondent about the allegations to elicit an explanation:

Ask about the why behind the alleged adverse action or disparate treatment

“Why didn’t Sally get tenure?”
“Why did John get tenure when Sally didn’t?”

Gather any evidence that supports the stated reason(s)

Investigator should seek corroboration of any offered non-discriminatory reason(s)

Analyze the Respondent’s offered reason in light of relevant evidence

Statistical evidence may also be used to rebut a discriminatory motive

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Step Three: Pretext Analysis

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If the Respondent offers a non-discriminatory reason for the adverse action, the Investigator must then seek relevant evidence to determine if that reason is legitimate

Pretext: When an adverse action occurred for discriminatory reasons, but an individual nonetheless asserts that there was a legitimate reason for the action
Is the Respondent’s stated reason just pretext for discrimination?

Provide the Complainant with an opportunity to respond to the Respondent’s reasoning

Use follow-up interview(s) to identify any evidence that may rebut the Respondent’s reasoning

Direct evidence
Other witnesses or documents

Consider other sources to thoroughly investigate whether the reasoning is pretextual

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Investigating Disparate Treatment

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Some evidence must connect the adverse action to the protected characteristic

Direct evidence of a connection

Documents or witnesses who have evidence of discriminatory intent/animus
Can also be circumstantial or indirect evidence

Comparison to “similarly situated individuals” (SSI) can be helpful

SSIs are outside the protected group; treated differently than those in the protected group
An individual is “similarly situated” if it is reasonable to expect that they would receive the same treatment as the Complainant, within context

Consider the scope of the complaint

If a student is reporting an individual faculty member, SSIs may be the other students in that course and students in the faculty member’s other courses
If an employee reports a VP’s hiring/promotion bias, SSIs may be other divisional employees

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Gathering Evidence

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Similarly situated does not mean identically situated

Most relevant comparisons based on the available evidence
Evidence of differential treatment of similarly situated individuals creates an inference of the presence of a discriminatory motive

It is the institution’s responsibility to gather relevant evidence once an initial showing of disparate treatment is made

This can function as a gatekeeping mechanism for complaints

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Statistical Evidence

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Statistical evidence could be important for an alleged pattern or practice of discrimination

Example: A professor alleges the department chair implemented a hiring process that is biased against males

Consider the identities of the department chair hires against the overall applicant pools in those hiring cycles
75% of applicants are men but men only comprise 25% of hires

Common in disparate impact assessments

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Case Studies

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Case Study: Ahmad and Becky

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Ahmad and Becky are both students in the nursing program
Becky is the President of the Nursing Students Association and part of her role is running elections
Ahmad is seeking an executive board position for the next academic year
All individuals filing to run must submit their paperwork to Becky for approval by Becky and the faculty advisor
Becky did not approve Ahmad’s application to run for election
Ahmad was the only male who applied to run for election next year and the entire executive board this year is female, so Ahmad believes he was excluded on the basis of sex

Does this report contain all the information you need for a discrimination complaint?

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Case Study, Part 2: Ahmad and Becky

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In response, Becky provides the following explanations for her decision:

A female student, Priscilla, applied and was not approved
Ahmad submitted his paperwork after the deadline, whereas all approved candidates submitted their paperwork on time
The faculty advisor is male
Ahmad is rude during club meetings
The Vice President is Becky’s best friend and Becky is trying to eliminate any competition

Which of the above could be considered a valid, non-discriminatory reason?

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Case Study, Part 3: Ahmad and Becky

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The following could be evidence of pretext:

Reason: Ahmad submitted his paperwork after the deadline, whereas all approved candidates submitted their paperwork on time

Evidence of pretext: The faculty advisor granted Ahmad an extension and cc-ed Becky on the email granting the extension

Reason: Ahmad is rude during club meetings

Evidence of pretext: Witnesses describe Ahmad as respectful and engaged during club meetings, raising his hand to speak and listening to others attentively

Reason: The Vice President is Becky’s best friend and Becky is trying to eliminate any competition

Evidence of pretext: Becky approved three other female students plus the VP

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Case Study: Liz and Jordan

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Liz is the AVP for Facilities & the Physical Plant at ATIXA State College (ASC)
Liz is hiring a Director of Facilities, a position that oversees academic and residential buildings

The position requires 5-7 years of experience working with (1) residential facilities, including emergency management; (2) ASC’s work order system; and (3) experience supervising staff

Jordan, a woman, is the Associate Director of Residence Life at ASC, meets all the requirements, and worked with the previous Director often
Liz hired Bill, a facility manager from a local outdoor mall

Bill has no experience with residential facilities but checks all the other boxes

Jordan files a complaint that she was discriminated against based on her sex

Does this complaint satisfy the required elements for a disparate treatment complaint?

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Case Study, Part 2: Liz and Jordan

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In response, Liz provides the following explanations for her decision:

Jordan just wasn’t a good fit for the role or the divisional culture
The previous Director did not think Jordan was a good worker (e.g., Jordan was often late to meetings, missed deadlines)
She is a woman working in facilities so she would not discriminate against Jordan because she, herself, is a woman
Bill is a friend of hers, so she overlooked his resume shortcomings
She has hired other women during her time as AVP – in fact, she just hired a woman to work in the facilities main office

Which of the above could be considered a valid, non-discriminatory reason?

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Case Study, Part 3: Liz and Jordan

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The following could be evidence of pretext:

Reason: Jordan just wasn’t a good fit for the role or the divisional culture

Evidence of pretext: Liz’s interview notes include the statement: “Pretty and passive, bad combo in this division…”

Reason: The previous Director did not think Jordan was a good worker (e.g., Jordan was often late to meetings, missed deadlines)

Evidence of pretext: The previous Director provided a statement to the Investigator that contradicted Liz: “I enjoyed working with Jordan and think she would be good in that job. I never spoke with Liz about Jordan’s fitness for that role.”

Reason: Bill is Liz’s friend, so she overlooked his resume shortcomings

Evidence of pretext: Liz’s email inviting Bill to a final interview suggested they had only recently met at a job fair for trade professionals, where she referred him to the Director role

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Types of Discrimination: Disparate Impact

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Disparate Impact (DI)

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Disparate impact exists when “neutral” policies and practices have a discriminatory impact
Complex investigations

Often examines culture/climate

High level statistical analysis

Validity studies
Programmatic necessity

Focuses on remedies, not sanctions

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ATIXA’s Model Policy Definition

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Disparate Impact Discrimination:

Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:

Excludes a person from participation in;
Denies the person benefits of; or
Otherwise adversely affects a term or condition of a person’s participation in a Recipient program or activity

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Disparate Impact Analysis

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Disparate Impact Allegations

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Key point: Disparate impact discrimination is almost always unintentional (or claimed to be)

Analysis

Determine whether adverse outcomes of a policy or practice have a disproportionate impact on members of a certain group
Determine whether there is an educational/business necessity for the policy or practice and no alternative could have achieved the same goal without a discriminatory impact

Common Examples:
Discipline processes
Hiring processes
Housing policies

Note: The current Administration will not enforce disparate impact under Title VI, but it is currently unknown whether that applies to Title IX

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Disparate Impact Allegations, Cont.

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Often disparate impact complaints will not have an identifiable Respondent

Usually, the institution, a department, or organization, or a proxy will be the named Respondent

Lend themselves well to culture/climate assessments
If a disparate impact is identified, consider whether the TIXC can take direct action to resolve the problem
Remedies, rather than discipline, are the common results of DI investigations

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Case Studies

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Case Study: Discretionary Discipline

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The student code of conduct permits discretion for student conduct administrators (SCAs)
SCAs may consider any of the following:

Prior misconduct history
Aggravating or mitigating factors
Remorse or willingness to accept accountability

A group of male students alleged they are treated more harshly than female students for similar behaviors/violations, perhaps as the result of the discretion permitted to SCAs

This came to light after a series of incidents involving fraternities and sororities at off- campus houses and community event spaces

Could this policy be disparately impacting men? What evidence may exist?

What are next steps? Could there be a legitimate justification?

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Case Study: Pay Discrepancy, Part 1

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ATIXA State College (ASC) uses adjuncts to teach many of its courses
ASC does not have a centralized policy for determining the pay for its adjuncts; rather ASC leaves it to the discretion of the deans to set the amounts within their own college or school

The stated rationale for the approach is that deans know their fields best and market demand differs between fields

An external review of HR practices reveals a wide range of pay for adjuncts across ASC, and even within the same college or school

Further analysis of the external review shows male adjuncts comprise 80% of the top half of earners, and there is only one (1) woman in the top 10%

Could this policy be disparately impacting women? What evidence may exist?

What are next steps? Could there be a legitimate justification?

What remedies, if any, should ASC consider?

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Case Study: Pay Discrepancy, Part 2

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The external reviewers for ASC interviewed three female adjuncts who allege the Dean of Career and Technical Education discriminates against women in setting adjunct pay
Following their interviews, these three women filed a complaint

All three had previously expressed their concerns to their department chairs, but said nothing happened in follow-up
The investigation reveals that in the College of CTE, there are no women in the top 75% of earners and, when interviewed, the Dean said that in most cases, men are more qualified and experienced, which warrants higher pay
The Dean also said some of the better-paying fields within the College, such as HVAC, electrical, and plumbing, are disproportionately male, which skews the pay scale

Could this be disparate impact, disparate treatment, or both?

How can you determine whether the Dean’s statements are a pretext?

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Types of Discrimination: Retaliation

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ATIXA’s Model Policy Definition

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Retaliation:

The institution or any member of the institutional community,
Taking or attempting to take materially adverse action,

By intimidating, threatening, coercing, harassing, or discriminating against any individual,

For the purpose of interfering with any right or privilege secured by law or policy; or
Because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy and associated procedures

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Retaliation Analysis

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Retaliation Complaints

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Step 1: Does the complaint satisfy the required elements for a retaliation complaint under Title IX?

Step 2: Does the Respondent offer a non-retaliatory reason for the adverse action?

Step 3: Is there evidence that the offered reason is legitimate or a pretext for discrimination?

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Step One: Complaint

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1(a)

Does the complaint

implicate a protected activity?

1(b)

Does the complaint

identify an adverse action?

1(c)

Does the complaint

assert that the adverse action was because of the protected activity?

Step 1: Does the complaint satisfy the required elements for a retaliation complaint under Title IX?

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Step 1(a): Protected Activity

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Engaging in protected activity is a required element of all retaliation claims

Without the protected activity, being mistreated is not enough for retaliation

Examples of a protected activity:

Making a Title IX report
Initiating a discrimination complaint
Assisting someone reporting discrimination or filing a complaint
Participating in the process (e.g., investigation, meetings, hearings)
Protesting discrimination (including contemplating making a complaint)

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Step 1(b): Adverse Action

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If there is protected activity, move on to the next step:

Did an adverse action occur?

An adverse action:

Significantly disadvantages or restricts

An individual in their status as a student/employee, or
Their ability to gain the benefits or opportunities of Recipient’s program

Could deter a reasonable person from future protected activity (e.g., bringing a complaint or supporting allegations of discrimination)

Very broad definition

Could be based on action or non-action

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Step 1(c): Causation Element

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If there is protected activity and adverse action, move on to the next step:

Does a causal connection exist between the two?

While causation is required, direct evidence of motive or intent is not required

Often only indirect evidence is available
Consider whether the individual taking the adverse action knew of the protected activity

Direct evidence

Supervisor told a peer, “I want to teach Davey a lesson about complaining”

Indirect evidence

Close timing between protected activity and adverse action
A Respondent posting “lol got him” after Complainant’s car was keyed

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Step Two:

Non-Retaliatory Reason

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If the initial assessment in Step One does not establish the required complaint elements, end the inquiry

Consider dismissal and/or referral to a different process or office, as appropriate

If an initial (prima facie) case of retaliation is established, the complaint moves forward

Step Two and Step Three roughly correspond to the investigation phase

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Step Two: Non-Retaliatory Reason

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Interview the Respondent about the allegations:

Ask about the why behind the adverse action

“What led to the decision to deny Sally’s tenure application?”
“Describe what led to the student receiving a C+ in your class”

Gather any evidence that supports their rationale

Respondent may need to direct the Investigator to potential sources for that evidence, rather than providing it themselves

Investigator should seek corroboration of any offered non-retaliatory reason(s)

Analyze the Respondent’s reason(s) in light of relevant evidence

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Step Three: Pretext Analysis

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Pretext: When the Respondent asserts that there was a legitimate reason/justification for the adverse action, but the real reason is actually retaliation
When determining whether an alternative explanation for the adverse action is pretextual, consider whether:

The explanation makes sense
Other actions taken are inconsistent with the explanation
The explanation is inconsistent with past policy or practice
There is evidence of other individuals being treated differently in similar situations
There is witness testimony, including experts
The timeline of events aligns

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Techniques for Assessing Pretext

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Always provide the Complainant with the opportunity to respond to the Respondent’s non-retaliatory reason

Complainant may have evidence or be able to suggest evidence to rebut Respondent’s position as pretext
It is the Investigator’s responsibility to investigate pretext

When a conflict between Respondent’s position and Complainant’s position arises, seek corroborating evidence

Coworkers or other students may be able to verify
Documents or testimony of senior officials may verify a policy or practice

Analyze credibility of all parties’ positions and the evidence they provided

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Common Non-Retaliatory Reasons

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Any reason that is not based on discrimination, including:

Budget cuts or hiring freezes
Does not qualify for requested accommodation or adjustment
Evidence of misconduct and/or history of misconduct
Inadequate qualifications for role or position
Insubordination
Other candidates are better qualified
Poor academic or work performance

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Timing and

Retaliation Complaints

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Retaliation allegations often arise during an ongoing grievance process
May address in a consolidated investigation with the original allegations

Always update Notice of Investigation and Allegations (NOIA)

May address separately at the end of the original grievance process
Consider approach on case-by-case basis:

Timing
Complexity

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Retaliation Best Practices

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The adverse action need not:

Be sex-based, if the protected activity was
Create a hostile environment or meet the disparate treatment standard

The Title IX Regulations allow the use of any fair process to address retaliation; Recipients are not required to use §106.45 procedures to do so, though many do
Retaliation can thus be a collateral misconduct charge
To find retaliation, it is often necessary to establish the facts of the underlying charges

Example: a Respondent claims that a Complainant retaliated by spreading rumors that the Respondent physically abused the Complainant

The institution would have to first determine the truth of the allegation related to the physical abuse
If true, telling people about it is not retaliatory

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Case Studies

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Case Study: Scottie and Byron

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Scottie is a graduate student employee in the Department of Athletics and Recreation
Byron is an Assistant Athletic Director and a friend of Scottie’s supervisor, Sherie
Byron often stops by Scottie’s workspace after hanging out in Sherie’s office

Byron will often flirt with Scottie and has asked Scottie for drinks several times
About a month ago, Byron approached Scottie from behind and began massaging Scottie’s shoulders and again asked Scottie to come have a drink with him at his apartment
Scottie filed a report with Title IX and HR for sexual harassment

Two weeks later, Scottie received a “below expectations” annual evaluation and started receiving undesirable work assignments from Sherie

Could this qualify as retaliation?

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Case Study, Part 2: Scottie and Byron

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Sherie provides the following explanations for her decisions to provide Scottie a “below expectations” rating and shift in assignments:

Byron publicly flirts with a lot of graduate students all of whom rebuff his advances and Sherie doesn’t do anything after learning about it
All the graduate students rotate through the undesirable assignments, and it is Scottie’s turn
Sherie is jealous of the attention Scottie is getting from Byron
Sherie did not know about Scottie’s complaint until after annual evaluations

Which of the above could be considered a valid, non-retaliatory reason?

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Case Study, Part 3: Scottie and Byron

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The following could be evidence of pretext:

Reason: All the graduate students rotate through the undesirable assignments, and it is Scottie’s turn

Evidence of pretext: Scottie has already received this assignment twice and others in the rotation have yet to receive the assignment once

Reason: Sherie is jealous of the attention Scottie is getting from Byron

Evidence of pretext: Multiple witnesses state that Sherie has repeatedly said that Byron is a good friend but can be very creepy when he likes someone

Reason: Sherie did not know about the complaint until after annual evaluations

Evidence of pretext: An email shows that Sherie knew about the complaint three days prior to the annual evaluation meeting

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Case Study: Raj and Nicholas

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Raj and Nicholas dated for about six months but broke up recently
Raj reported that Nicholas had been showing intimate and nude photos of Raj to others

The photos were consensual when taken but sharing was not consensual

Raj confronted Nicholas about it and Nicholas responded by telling other students that Raj had given Nicholas an STI during their relationship, which Raj says is untrue
Raj wants to move forward with a formal complaint for sexual harassment
Upon receiving notice of the complaint, Nicholas asked to file a formal complaint regarding dating violence allegations
Raj contends Nicholas’s STI comments, and the counter complaint, are retaliatory

Do either of these qualify as retaliation? How would you respond?

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Formal Grievance Process: ATIXA’s Model Process B

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Grievance Process for Sex Discrimination

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Neither the 1975 nor the 2020 Regulations mandate a detailed grievance process for sex discrimination complaints
Title IX – the law, not the regulation – still prohibits sex discrimination

Must still stop, prevent, and remedy promptly and effectively
Institution still has obligation to respond

ATIXA recommends addressing all forms of discrimination in similar ways

One Policy, Two Procedures Model

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“Process B” Overview

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1

INCIDENT

Report or complaint to TIXC

2

INITIAL ASSESSMENT

Jurisdiction Assessment
Supportive Measures
Referral to Another Process
Informal/ Formal Resolution

3

FORMAL INVESTIGATION

NOIA
Interviews
Evidence Collection
Draft Report
Share Draft and Evidence
Review/

Comment

Final Report

4

DECISION-

MAKING

Questioning
Determination and Rationale
Sanctions
Remedies

5

APPEAL

Appeal Grounds
Determination and Rationale

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Due Process Best Practices

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Borrow basic due process protections outlined in the Title IX Regulations for sexual harassment complaints:

Written notice of the allegations and potential policy violations
Gather and present witnesses and other relevant evidence, without restriction
Discuss the allegations under investigation, without restriction
Be accompanied by Advisor of party’s choice
Written notice of the date, time, location, participants, and purpose of investigation interviews or other meetings, with sufficient time to prepare
Review and respond to evidence gathered in the investigation
Opportunity to appeal the outcome on specific grounds

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Initial Assessment

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Jurisdiction

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For sex discrimination complaints, the jurisdiction analysis is different

The jurisdictional factors in the Title IX Regulations do not apply – look to impact in the educational program or activity
How does the dismissal provision apply?

Identify the applicable policy

Who owns the anti-discrimination policies and resolution procedures?
Do faculty and staff have a different process than students?

Refer as necessary to other processes

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Intake

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Since disparate impact and disparate treatment complaints require very specific elements, consider adjusting intake approach to elicit key information to fill in the blanks

Who is alleged to have done what, precisely?

Be transparent with the Complainant about the reasons for these questions

Intake meeting is usually not an interview, but can help to flesh out the Step One allegation elements

Intake meeting can also help to set expectations about the investigation
Explain the process and the DI/DT constructs

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Informal Resolution

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Voluntary Informal Resolution (IR) may be made available at the discretion of the TIXC at any time prior to a final determination
Available for sex discrimination complaints between employees and students

Available without a Formal Complaint

Available for structural complaints without an identified Respondent

Example: Academic Advising encouraging female-identifying students to major in education while discouraging interested male- identifying students from majoring in education

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Investigation

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Who Should Investigate?

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More flexibility to assign roles in sex discrimination complaints
ATIXA recommends Investigator(s) not be Decision-maker(s) (DM) in the same complaint, but that is discretionary
Carefully assess whether an individual could have a bias or conflict of interest
Investigators have no side, they are committed to the integrity of the process

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Investigation and Decision-Making Models

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Separation of Roles:

Every Title IX team member serves a distinct role with no overlap in the same complaint

Pros:

Avoids perceptions of bias
Does not bog TIXC down with fulfilling other roles (e.g., Investigator) so they can provide process oversight
Title IX team members may develop expertise in certain roles or types of complaints

Cons:

Need personnel and training budget
Coordinating team member schedules
Each new Title IX team member needs to review complaint material to get up to speed; less familiarity with specific complaints

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Investigation and Decision-Making Models

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TIXC as Investigator with separate Decision-maker(s) chosen from Title IX team

Pros:

Middle ground to balance perceptions of bias against other considerations
Helpful structure for resource-strapped institutions
TIXC may be more highly trained than other individuals

Cons:

DM must commit to thoroughly understanding of the facts to render a fair and accurate decision
TIXC must juggle dual roles
Limits consultation between TIXC and DM
TIXC becomes witness in Decision- making phase

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Investigation and Decision-Making Models

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Investigator as Decision-maker

Pros:

Investigator is often the individual most familiar with the facts of the complaint
Has established rapport with parties and witnesses
Can reduce time and staffing needs

Cons:

Perceptions of bias
Only one perspective/viewpoint on the complaint
May miss critical information or valuable perspective

ATIXA recommends a robust appeal opportunity that allows parties to challenge the substance of the decision, at least in suspension, expulsion, and termination cases

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Investigation and Decision-Making Models

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ATIXA recommends:

TIXC does not serve as the Investigator
Separate DM makes findings, policy violation determination, and sanctions/remedies determination
Appeal opportunity

Other options:

Investigators make non-binding recommended findings
Team decision-making involving the Investigator, TIXC, and a third person

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Initiating the Investigation

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Investigation Steps

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Receive Notice/Report/Complaint
Initial Assessment
Establish Basis for Investigation
Notice of Investigation and Allegations
Establish Investigation Strategy
Comprehensive Investigation
Draft Investigation Report
TIXC Reviews Draft Report and Evidence
Parties Review Draft Report and Evidence
Final Investigation Report

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Determining a Basis for Investigation

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There are three bases for investigations (can overlap; not exclusive):

Incident: a specific incident, occurrence, or period

May involve one or multiple alleged violations (usually at once) and one or more Complainants and/or Respondents

Pattern: repetitive or similar behaviors or targets chosen by the same Respondent over a period

Tend to involve multiple Complainants

Climate/Culture: discriminatory policies, processes, and environments

May have no identifiable Respondent or the “Respondent” may be the institution
May be useful tool for DT/DI complaints
May lead to named Respondents or individual/pattern investigations

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Formal Investigation

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The burden to gather evidence is on the institution, not the parties

Gather

Evidence

Assess Credibility and Evidence

Synthesize

Areas of Dispute and Agreement

G.A.S. Framework

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Investigation Strategy

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TIXC consults with Investigator(s) to strategize and plan the investigation
With sex discrimination complaints, the structure of the investigation process will look different based on the type of complaint

Disparate Treatment
Disparate Impact
Retaliation
Harassment

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Questioning Guidelines

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Investigating a sex discrimination complaint differs from investigating a sexual harassment complaint
Investigator may be more direct than in a sexual harassment complaint (trauma may not be in play)

“Why do you feel like you have been subjected to sex discrimination?”
“Could there be any other possible reasons for your treatment?”

– “If your professor were to provide one of the reasons you described, how would you respond to that?”

“What prompted you to say that in front of the department?”

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Questioning Guidelines, Cont.

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Be transparent when being direct

Explain the DT or DI constructs, in comprehensible terms
“I need to establish some of these facts before we can move forward”
“These types of complaints focus on whether there is a legitimate, non- discriminatory reason for the action, so I am trying to gather insight and facts from all parties in that regard”
“Intent is an important element for a disparate treatment claim, what can you tell me about your motivation for your actions?”

Structure questioning and evidence gathering based on DT or DI construct (questioning for retaliation very similar to DT)

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Evidence and Credibility

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Understanding Evidence

Duty to collect relevant evidence

Evidence is any kind of information presented to help determine what occurred
Relevant evidence is evidence that tends to prove or disprove the allegations

In sex discrimination complaints, Investigators look for different types of evidence, such as :

Similarly situated individuals
Statistical evidence
Intent/reason for the behavior
Pretext

Circumstantial evidence may play a larger role in sex discrimination complaints

There may be little direct evidence (e.g., a statement or an email) of discrimination

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Evidence Activity 1: Biased Hiring

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Dr. Munroe, a faculty member, reports to the Title IX office that he believes his department is biased against men in its hiring, evaluation, and promotion practices, which in turn impacts compensation
As evidence, he cites:

Recent hiring decisions to hire female faculty members despite the recruiting pool being overwhelmingly male
Recent performance concerns mentioned by the department chair, who is female, toward a handful of male faculty members
A recent decision by the department chair to pass him over for tenure in favor of a female faculty member with fewer years of experience and fewer publications in the field

What evidence may be available in this situation?

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Evidence Activity 2: Oliver’s Grades

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Oliver is a male undergraduate student enrolled in a Major Women Philosophers course

Oliver contends that the faculty member, Dr. Banks, grades Oliver more harshly because Oliver is a man, and his presence challenges the “leftist feminine ideology” espoused by Dr. Banks in that course
Oliver also alleges that Dr. Banks refuses to approve his preferred topics for his two term papers and often refuses to call on Oliver during class
Dr. Banks insists she grades Oliver just like all her students and his grades reflect his work

What evidence may be available in this situation?

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Credibility

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Credibility is largely a function of

corroboration and consistency

Credibility Assessment involves evaluating the extent to which evidence is accurate and reliable

Refrain from focusing on irrelevant inaccuracies and inconsistencies

Assessing non-discriminatory reasons and pretext evidence may involve substantial emphasis on credibility assessments

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Drafting, Reviewing, and Finalizing the Investigation Report

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Final Investigation Report

TIXC/Legal Counsel Reviews Draft Report and Evidence

Parties and Advisors Review Draft Report and Evidence

Draft Investigation Report

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Decision-Making

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Decision-Making Process Options

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No prescribed decision-making process for sex discrimination complaints

Should provide opportunity for DM to ask questions and assess credibility

ATIXA’s Model Policy (1P2P) outlines a streamlined administrative resolution process without a hearing

DM reviews evidence, can ask questions of parties, and makes findings and a final determination

No live hearing requirement for sex discrimination complaints, but a hearing could be required based on:

State or local requirements
Terms of a collective bargaining agreement
Public entities will want to consider hearing-based resolutions (Process A)

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Sanctions and Remedies

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Sanctions

Only implemented after a determination of responsibility
Nexus between sanctions and misconduct

Consider impact statements, mitigating or aggravating factors
Tend to be more punitive than remedies

Goal: stop, prevent, and remedy

Remedies

May be implemented before or after a determination
Area of emphasis in many sex discrimination complaints

Especially if there is no identified Respondent or the institution is the Respondent

Goal: preserve or restore access to education program and activity

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Sanctioning and Remedial Considerations

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Providing remedies is a broader responsibility beyond the parties to the complaint

Institutional-level remedies; remedies for impacted individuals who are not parties

Remedies take on additional importance when the report/complaint identifies conduct protected by the First Amendment and/or academic freedom

Limits availability of disciplinary outcomes, so remedies may be the most valuable tool

DI investigations are less likely to result in “sanctions” but should still be addressed remedially
Investigations of disparate treatment or retaliation may lead to additional (or broader) allegations of discrimination

A directed campus climate survey may then be necessary as a remedy, followed by additional investigation
Continue to remediate and respond as appropriate as new details surface

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Remedies should seek to restore affected individuals to their pre-deprivation status

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Recover any lost work, education time, economic, or access impacts

Restore opportunities, if applicable

Repair damage from misconduct/restitution/back pay, etc.

Remedy Recommendations

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Activity: Assigning Remedies

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A graduate student, Maia, reported to the Title IX office that her Executive MBA faculty member, Dr. Rodriguez, only hires young, female graduate students as graduate assistants (GAs)

Maia reported that Dr. Rodriguez sexually harasses the GAs and makes them run errands for him, like picking up his dry cleaning and going to the grocery store

Dr. Rodriguez found out about the complaint a week ago

Dr. Rodriguez stopped giving her research work and has only had her run personal errands
Dr. Rodriguez allegedly told other faculty in the department that Maia was a poor GA, and they are lucky they did not hire her
Dr. Rodriguez informed Maia that he would not be renewing her position for the next term, putting Maia’s funding at risk

What remedies would you consider?

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Best Practices for Supporting Pregnancy and Related Conditions

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1975 Title IX Regulations

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Recipient may not:

Discriminate in its education program or activity against any student or employee based on

Pregnancy
Childbirth
False pregnancy
Termination of pregnancy
Recovery therefrom

Adopt a rule which treats a student or employee differently on the basis of their actual or potential parental, family, or marital status
Applies to applicants for admission and employment

PWFA and PUMP Act may provide rights and protections for pregnant employees

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Best Practices: Scope

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Individuals and Status:

Students
Employees
Pregnancy and related conditions
Family status
Marital status
Parenting status
“Head of household”

Academics and access to course offerings
Admissions
Athletics
Employment, recruitment, and hiring
Extra-curricular activities
Facilities
Externships/clinical placements

Non-Discrimination Issues:

Financial assistance
Funding
Lactation space and time
Health insurance
Housing
Leaves of absence
Salaries and benefits

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Best Practices for TIXC Oversight

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Outreach and Support

Resolution Process

Training

Documentation

Policies, Practices, and Procedures

Reporting/ Information Sharing

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Outreach and Intake

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TIXC should inform the individual of the institution’s obligation to:

Prohibit sex discrimination
Provide reasonable modifications to prevent discrimination
Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity
Allow a voluntary leave of absence (resuming from the point where they left off)
Provide information about available lactation space
Maintain grievance process for alleged discrimination
Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes

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Reasonable Modifications

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The 1975 Title IX Regulations do not require institutions to modify policies or procedures for students or employees on the basis of pregnancy or a related condition

But not doing so could be discriminatory on the basis of sex

ATIXA recommends using the term reasonable modifications to distinguish support for pregnancy and related conditions from supportive measures for sexual harassment and reasonable accommodations for disabilities
Reasonable Modifications to the Recipient’s policies, practices, or procedures to prevent discrimination:

Individualized: must consult with the individual before offering
Voluntary: individual may accept or decline each reasonable modification offered
Fundamental alteration of education program or activity is NOT reasonable

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Reasonable Modification Examples

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Breaks During Academic Activities

Excusing Intermittent Absences

Online or Homebound Participation

Course Flexibility

Accessing Alternate Parking

Counseling

Adjusting Physical Space

Arranging Elevator Access

Determine suitable reasonable modifications through an interactive and iterative process

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Best Practices: Lactation Time & Space

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Ensure student and employee access to a lactation space that is functional, appropriate, and safe:

A space other than a bathroom, that is:

Clean
Shielded from view
Free from intrusion from others
Available for expressing breast milk or breastfeeding as needed

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Common Challenges

113

Lack of clear process for requesting supports/modifications

Ad hoc and uncoordinated approach
No or poor communication with individual regarding options

Faculty/staff:

Failing to consult with TIXC
Unwilling to accommodate

Failing to engage in an interactive process
Discriminatory documentation requirements
State law intersections with pregnancy and pregnancy records/documentation

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Activity: Sasha Case Study

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Case Study: Sasha

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Sasha is a sophomore theatre major and just found out she is pregnant
Sasha is having a very rough first trimester and is having to miss a lot of rehearsal time for a play in which she was recently cast as the lead role
Professor Alexa, Sasha’s Acting II instructor, and the director of the production Sasha is in, has a very strict attendance policy when it comes to missing rehearsals
Professor Alexa’s policy prohibits a student from missing more than two rehearsals, otherwise they are removed from their role
Sasha has now missed her third rehearsal and has been removed from the lead role and the play altogether

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Case Study: Sasha

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Sasha is mad that she has been removed from the cast of the show and reports to the TIXC that she is being discriminated against based upon her sex and pregnancy status
Professor Alexa states that Sasha’s removal has nothing to do with her sex or pregnancy status and has everything to do with the attendance policy which is applied equally to all students in productions
According to the national theatre accrediting body, each production must include a minimum of twenty rehearsal hours for each actor prior to the first full dress rehearsal for the play to be considered of educational quality and for it to count toward degree requirements

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Case Study Discussion: Sasha

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Rehearsals take place one day per week for six hours each session
Missing one rehearsal is the equivalent of missing three weeks of course material
Sasha’s three absences have significantly impacted the others involved in the production, including other students not having the ability to rehearse scenes with her, which has in turn decreased their total number of rehearsal hours
Sasha tells the TIXC that she has been rehearsing during the weekends with her scene partners and knows her lines despite missing the three class periods

What should the TIXC do?

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Title IX and Athletics

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Overview

119

Since the 1970s, Title IX has spotlighted athletic program balance and fairness

Accommodation of interests and abilities
Balanced and fair distribution of resources
Balanced and fair treatment

TIXC provides oversight, may delegate (but not abdicate responsibility)

Often the Senior Woman Administrator (NCAA)

Compliance requirement applies to

Intercollegiate and interscholastic athletics
Intramurals
Club sports

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Accommodating Interests and Abilities: Three-Part Test

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Part 1: Opportunities for males and females are substantially proportionate to their respective enrollments

Part 2: Where one sex has been underrepresented, there is a continuing practice of expansion responsive to interests and abilities of underrepresented sex

Part 3: Where one sex is underrepresented and there is no continuing practice of expansion, demonstrate that interests and abilities of underrepresented sex have been fully and effectively accommodated by present program

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Fair Treatment: “The Laundry List”

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Equipment and Supplies

Scheduling

Locker Rooms and Facilities

Housing and Dining

Coaching

Scholarships

Publicity

Travel and Per Diem

Medical and Training Services

Tutoring

Recruitment

Support Services

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Title IX and Athletics

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Three-Part Test and the 12 program components are typically not as problematic for intramurals and clubs because those programs tend to be self-initiated with fewer institutionally provided benefits

Intercollegiate Athletics

Club Teams

Intramurals

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Common Areas of Concern

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Eliminating teams
Executive orders re: athletic participation
Financing concerns

Scholarship funding
Name, Image, and Likeness and institutions paying players
Fundraising/Donations from booster clubs or donors

Hostile environment sexual harassment complaints
Inequitable facilities or equipment
Removal from team for Title IX-related reasons
Scheduling of games or practice time

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Single-Sex Programs

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Defining Terms

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Single-sex program

An activity or program designated men-only or women-only
Members of the other sex are only permitted to participate in programs designated for their sex

Sex-preferred program

A set of programs that are advertised or named in such a way as to indicate participation by one sex is preferred, but which are open to all

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Sex-Preferred Programs

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Historical justifications for disparate treatment through single-sex programs are likely no longer legally supportable

Most institutions enroll roughly equal numbers of male and female students
Offering separate, but equal programs will not satisfy Title IX in higher education

OCR more likely to tolerate sex-preferred programs as opposed to single-sex-exclusive programs (at least, historically)

Many institutions offer programs that prefer one sex in participation and that are functionally single-sex, but may include small numbers of students of any sex if they choose to attend/participate
Enforcement remains an open question under current ED

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Regulatory Exceptions

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Admissions for private colleges
Athletic teams (subject to broader analysis)
Housing
Religious exemption
Restrooms and locker rooms
Social fraternities and sororities

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Single-Sex Scholarships

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OCR has recently resolved a few scholarship-based complaints
Single-sex scholarships are not an exception to Title IX
Institutions may not, on the basis of sex:

Provide different amounts or types of financial assistance
Assist any organization or person providing aid in a discriminatory manner
Apply any rule that treats people differently regarding marital or parental status

Limited “safe harbor”

Wills, trusts, bequests, acts of foreign governments

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Assessing the Title IX Program

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Assessing the Title IX Program

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Assessment should be multifaceted:

Benchmarking
Climate assessments
Compliance reporting
Complaint, investigation, and resolution process debriefing
Internal reviews/audits/assessments

Identify strengths, program gaps
Conduct barrier analysis
Address areas for improvement
Assess Title IX team

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Program Audits and Assessments

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Audits are intermittent assessments to measure compliance

Factors such as cost and personnel capacity impact regularity

Athletics
Reports/Complaints
Scholarships and financial aid
Hiring, compensation, evaluation, and promotion

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Monitoring and Barrier Analysis

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Best practice to monitor the education program/activity for barriers to reporting and participation in the process

Take steps to address such barriers

Examples:

Availability and ability to access the reporting process
Confusing or delayed procedures
Difficulty finding information or contacting Title IX staff
Perceptions that Title IX staff are biased

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Tips, Strategies, and Tools

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Annual caseload data analysis
ATIXA’s Barrier Analysis Tool
Benchmark practices against peer institutions, leverage information and relationships from professional associations
Focus group data
Micro surveys, graduation/transfer surveys, and exit surveys
Post-process surveys
Training and education about reporting obligations, but especially for common sources of reporting

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Climate Surveys

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Climate Assessment Strategic Plan

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Develop a climate assessment strategic plan

Provides the institution with:

Centralized, intentional, and prioritized assessment efforts – Short, medium, and long term
Direction for future education, prevention, and training
Data to improve policies and practices
Insight related to strengths and critical areas for improvement

Demonstrates institutional commitment to goals of Title IX/compliance

Builds trust within the community

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Title IX-Based Climate Survey Objectives

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Scope: Can focus on sex discrimination and sexual harassment, including sexual assault, dating and domestic violence, and stalking

Assess prevalence of sex discrimination and sexual harassment
Evaluate awareness of Title IX policies, resources, and reporting

procedures

Gauge the perception of institution/campus safety and the effectiveness of institutional responses
Identify gaps in services, support, and education related to Title IX

Assists TIXC with monitoring the education program for barriers to reporting

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Climate Survey Development

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Climate Survey development steps:

Designate a climate survey leader and committee of key stakeholders

Individual with survey design expertise (internal or external)
Key stakeholders to provide feedback prior to launch

Identify clear goals and intended participants
Adopt a clear methodology
Plan for financial and human capital to support the development, implementation, analysis, and post-survey action plan
Select a survey software to collect and help analyze data

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Climate Survey Components

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Demographic questions

Provide the primary bases for analysis and comparison
Important to draft demographic data to maintain anonymity

Experience, Incidents, and Prevalence questions

Incident nature, type, extent, and location

Perceptions and Opinions

Perceptions of disparate treatment within departments and programs
Safety within educational environment

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Climate Survey Components

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Awareness and Knowledge Questions

Evaluate how well individuals understand existing policies and procedures
Programming and prevention efforts

Reporting, Response, and Resources

Experiences with reporting incidents and support received
Barriers to reporting
Knowledge of resources
Confidence in the institution’s ability to address complaints

Feedback on how the institution can improve its Title IX policies and support systems

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Climate Survey Design Guidelines

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Keep the survey to a reasonable length that can be completed in one sitting

10-15 minutes is ideal

Use simple questions that can be understood by all participants (reliability)
Focus on how the results will be reported

What is the purpose of this question?
What will we do with the information we learn from this question?

Use a mixed-model design to capture both qualitative and quantitative data

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Analysis

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Ensure the analysis is conducted by individuals with survey expertise
Analysis should provide a story for the data

This story should be easily understood and shed light on areas of further exploration
Overly complicated analysis and data presentation should be avoided

Detailed statistics (e.g., correlative analysis, analysis of variance (ANOVA)) are often not needed

Summary percentages of the response rate can typically provide rich and meaningful data

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Leveraging Data

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Regularly rely on the data to:

Build trust with internal and external community
Increase connection to prevention and training initiatives
Inform policies, practices, and Title IX response efforts

Infuse climate survey implementation into an annual assessment plan for continuous improvement

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Final Thoughts

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Some states have climate survey requirements
VAWA Reauthorization, 2022

ED to create and administer a survey tool
Ability to add institutional-specific questions

Unclear timeline

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Questions?

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ALL ATIXA PROPRIETARY TRAINING MATERIALS ARE COVERED BY THE FOLLOWING LIMITED LICENSE AND COPYRIGHT.

By purchasing, receiving, and/or using ATIXA materials, you agree to accept this limited license and become a licensee of proprietary and copyrighted ATIXA-owned materials. The licensee accepts all terms and conditions of this license and agrees to abide by all provisions. No other rights are provided, and all other rights are reserved. These materials are proprietary and are licensed to the licensee only, for their use. This license permits the licensee to use the materials personally and/or internally to the licensee’s organization for training purposes only.

If these materials are used to train Title IX personnel, they are subject to 34 C.F.R. Part 106. If you have lawfully obtained ATIXA materials by registering for ATIXA training, you are licensed to use the materials provided for that training.

34 C.F.R. 106.45(b)(10) (2020 Regulations) requires all training materials to be publicly posted on a Recipient’s website. Licensees subject to the 2020 Title IX Regulations may download and post a PDF version of training materials for their completed training to their organizational website to comply with federal regulations. ATIXA will provide licensees with a link to their materials. That link, or links to the materials on that page only, may be posted to the licensee’s website for purposes of permitting public access to the materials for review/inspection only.

You are not authorized to copy or adapt these materials without ATIXA’s explicit written permission. No one may remove this license language from any version of ATIXA materials. Should any non-licensee post these materials to a public website, ATIXA will send a letter instructing the licensee to immediately remove the content from the public website upon penalty of copyright violation. These materials may not be used for any commercial purpose except by ATIXA.

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