Title IX of the Education Amendments of 1972

“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.”

Update on the 2024 Title IX Regulations

• New Title IX regulations were issued by the U.S. Department of Education on April 19, 2024, with an implementation date of August 1, 2024.

• The 2024 regulations have been the subject of significant legal challenges across the country.

Update on the 2024 Title IX Regulations

• Under the 2024 regulations, the standard for hostile environment sexual harassment will change from “severe, pervasive and objectively offensive” to sex based conduct that is subjectively and objectively offensive and limits or denies a person’s ability to participate in a program or activity, significantly broadening the number and types of cases that will have to go through the very prescriptive procedures outlined in Title IX.

• The investigator and decision-maker can be the same person.

•2020 regulations required a response only with “actual knowledge” of conduct that could be considered harassment. 2024 regulations required a response to all known or reported incidents.

• 2020 regulations were limited to incidents that occurred on campus or within school programs/activities. 2024 relations include incidents that occur off campus or online.

Update on the 2024 Title IX Regulations

• 2024 regulations clarify protections for pregnant and parenting students as well as LGBTQI+ status.
• 2024 regulations require all employees to receive annual Title IX training; 2020 regulations required training only for Title IX coordinators, investigators, decision makers and anyone who facilitates informal resolution procedures.

TITLE IX TERMINOLOGY

Complainant: An individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Respondent: An individual who has been accused of conduct that could constitute sexual harassment.

Actual Knowledge: Notice of sexual harassment or allegations of sexual harassment to a District’s Title IX Coordinator or any official of the District who has the authority to institute corrective measures on behalf of the recipient or to any employee of an elementary or secondary school. Once a school receives actual notice, it must take action whether a formal Complaint is filed or not.

TITLE IX TERMINOLOGY

Formal Complaint: A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the school district investigate the allegations of sexual harassment.

Deliberate Indifference: A clearly unreasonable response in light of the known circumstances.

Recipient: Elementary, secondary and postsecondary institutions, that are recipients of Federal financial assistance.

TITLE IX TERMINOLOGY

Retaliation: Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX including filing a complaint, participating in an investigation, or refusing to participate in a Title IX investigation.

▷ Any person who retaliates against someone based on their involvement in a Title IX matter is subject to disciplinary action.

TITLE IX TERMINOLOGY

Supportive Measures: non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant and the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

• Such measures are designed to restore or preserve equal access to the District’s education program or activity without unreasonably burdening the other party, including measures design to protect the safety of all parties or the District’s educational environment, and deter sexual harassment.

• Supportive measures may include counseling, mutual restrictions on contact between the parties, changes in work locations, increased security and monitoring of certain areas of the campus, or other similar measures deemed appropriate under the circumstances

Title IX Definition of Sexual Harassment

Quid Pro Quo: An employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct.

Severe Pervasive and Objectively Offensive: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.

Sexual Assault, Dating Violence, Domestic Violence and Stalking:

▷ Sexual assault ▷ Dating violence ▷ Domestic violence ▷ Stalking

Education Programs

Education programs or activities includes locations, events and circumstances over which the school exercises substantial control over both the Respondent and the context in which the the harassment occurs, including, but not limited to:

-Classes

-Extracurricular activities

-School buses

-Field trips

-Club meetings

When does Title IX apply?

• Conduct meets the definition of sexual harassment or sexual assault or discrimination based upon sex
• The conduct occurred in a school education program or activity
• The conduct occurred within the U.S.
• Then Title IX applies

If the requirements above are met, Title IX applies, and the grievance process must be followed. If any of the above elements is missing, Title IX does not apply.

School Obligations Under Title IX

If sexual harassment or sexual assault the school has an obligation to:

• Investigate
• Stop
• Prevent
• Remedy

Title IX Team

• Title IX Coordinator and, if applicable Deputy Title IX Coordinator(s)
• Informal Resolution Facilitators
• Investigator
• Decision Maker
• Appellate Decision Maker

School Obligations in Title IX Matters

1. Once a school becomes aware of an allegation of sexual harassment, the school is obligated to offer supportive measures to both the complainant and respondent.
2. A school must offer complainant an opportunity to file a formal Title IX complaint.
3. All allegations of sexual harassment must be addressed in accordance with Title IX regulations.
4. Any conduct that constitutes maltreatment of a minor by an adult must be reported immediately to MDE or child protection as applicable.
5. Any conduct that constitutes a crime should be reported law enforcement in the event MDE does not.
6. Contact legal counsel for guidance.

Emergency Removals

• In order to remove a student accused of sexual harassment from your school, the school must conduct an individualized safety and risk analysis to determine whether there is an immediate threat to the physical health or safety of any student or other individual.

• A student Respondent who has been removed from the school site must be given notice and an opportunity to challenge the removal.

• If a student with a disability receives an emergency removal under this section that, independently or combined with prior removals, amounts to a pattern of removals for more than ten (10) days, a manifestation determination must be conducted.

• Employees may also be removed and placed on alternative assignment by the to the physical health or safety to a student with or without a threat

TITLE IX PROCESS

1. An allegation/report of a sexual nature comes to the attention of an employee.
2. Title IX Coordinator is contacted, and an intake is conducted.
3. Supportive measures are offered to the Complainant and Respondent, as necessary.
4. Case is routed through the Title IX grievance process or back to the school site for investigation.
5. Title IX investigation takes place.
6. A determination of responsibility is made.
7. Parties are provided the opportunity to appeal.
8. Discipline is issued (if applicable) and findings of the investigation are maintained by the school site.

QUESTIONS?