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Compliance Office

Emily Sloan - Compliance/Title IX Investigator

Office (720) 433-1072
Cell (720) 520-5871
esloan@dcsdk12.org

Aaron Henderson - Compliance Officer/Title IX Coordinator

Office (720) 433-1083
Cell (303) 726-2811
ahenderson1@dcsdk12.org

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Objectives

Gain an understanding of what Title IX is and its obligations.
Know what constitutes a violation of Title IX.
Understand the different types of sex discrimination under Title IX.
Become familiar with what sexual harassment is under Title IX.
Know what deliberate indifference is and how to avoid it.
Liability and consequences for Title IX violations and non reporting.
How to file a complaint.

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What is Title IX?

Title IX of the Education Amendments of 1972

Title IX is a statute that prohibits sex discrimination in education, educational programs, and employment within an educational institution.

The District’s Sexual Harassment Grievance Process (Policy AC-R-2) addresses allegations of sexual harassment.

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Remember!

Remember, the Office for Equal Education and Employment Opportunity addresses all allegations of discrimination, e.g., race, color, sex, sexual harassment, national origin, religion, disability, and age.

If you have any concerns, are a witness to a concern, or a concern is reported to you, please report it to the EEEO Office immediately.

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What is Sex Discrimination?

Sex discrimination includes:

Disparate (unequal) Treatment Based on Gender or LGBTQ Status.
Gender Equity – Opportunities to participate in athletics for female and male students based on the proportional rates of enrollment of each gender.
Sexual Harassment – Unwelcome conduct or communication of a sexual nature.
Quid Pro Quo (“this for that”)

Important note: sexual harassment includes anti-female conduct like misogny and sexually vulgar or demeaning sexual language.

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Example of Quid Pro Quo

Mary is a senior and an athlete working hard to earn a starting position on the team. Mary asks her coach if he will allow her to start the next game because the first-string person is injured and out that week. Mary has worked hard to earn a starting position and has been number two on the depth chart most of the year. In response, the coach tells Mary that he plans to place her in the starting position for the next day’s game and instructs Mary to stay after practice and work on her position skills.

Mary agrees and stays after that day’s practice to work on her position skills. During her extended practice Mary notices that the coach is invading her personal space. Mary tries to ignore the coaches’ positioning and dismiss it as an honest mistake however the coach continues and puts his arm around her waist and draws her in for a kiss. Mary promptly pushes the coach away and leaves practice.

The next day prior to the game, Mary finds herself third on the depth chart.

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Severe, Pervasive, and Objectively Offensive

Prohibited discrimination on the basis of sex is conduct that is severe, pervasive, and objectively offensive that it effectively denies a person equal access to the District’s education program or activity.

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Example of Severe, Pervasive, and Objectively Offensive Environment

Maurice, an openly gay student is on the school’s athletic team. If ever he comes to practice late or is among the last to arrive, the coach will say, “Well now that the sissy is here, I guess we can get started.” If Maurice ever makes a mistake in practice or a game, the coach will yell, “I can never coach anyone who bats for the pink team!” Whenever the coach is speaking directly to Maurice, he will address Maurice in a high-pitched feminine voice. This is very embarrassing to Maurice and to his teammates as well.

Finally, one afternoon before practice some of Maurice’s teammates went to the coach to address their concerns over his inappropriate behavior. The teammates warned the coach that because of the discomfort he was causing them, they were on the verge of quitting the team. The teammates told the coach that they did not want to quit the team because they enjoyed the game and that some of them may have athletic scholarships pending. The coach thanked the teammates and told them that he would apologize to the entire team later that day during practice.

Later that day at the beginning of practice the coach gathered up his team. The coach said, “Well, given that there are other players on this team who apparently have sugar in their gas tanks, this will be the hardest practice of your lives. I’m going to make men out of you yet!”

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Sexual Assault

Sexual Assault is forcible or nonforcible sex such as:

Rape – Forcible carnal knowledge of a person without consent.
Sodomy – Forcible oral or anal sexual intercourse without consent.
Sexual Assault with an Object – Forcible use of an object to penetrate the genital or anal opening of another person without consent.
Fondling – Touching of private body parts of another person for the purpose of sexual gratification without consent.
Incest – Nonforcible sexual intercourse between persons who are related within degrees wherein marriage is prohibited by law.
Statutory Rape – Nonforcible sexual intercourse with a person who under the statutory age of consent.

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Dating Violence, Domestic Violence, and Stalking

Dating Violence – Violence against a person in a social relationship of a romantic or intimate nature.
Domestic Violence – Violence against a person who is a current or former spouse or intimate partner, or a person with whom a child is shared, or a person who cohabitates or has cohabitated as a spouse or intimate partner.
Stalking – A course of conduct directed at a person that would cause a reasonable person to fear for their safety, or the safety of others, or cause substantial emotional distress.

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Fondling

The touching of the private body parts, such as, the genitalia, groin, breast, buttocks, or mouth of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

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Fondling

Fondling presents a range of behavior which can apply to a range of ages necessitating a reasonable response based on the known facts and circumstances.
Fondling may take place at the schools as a kindergartner stealing a lip-on-lip kiss from their classmate. Or it may be second graders chasing each other after one twisted the nipple of another. Or it may be fifth graders smacking each other on their behind. Or it could be a high school senior who groped the buttocks and breasts of another senior under their clothing.
When confronted with fondling or any other type of inappropriate conduct of a sexual nature, please report it no matter the grade or age of the student, or perceived severity of the conduct.

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What is Consent?

Consent is an explicit approval and permission to engage in sexual activity demonstrated by clear actions, words, or writings.
Consent cannot be given by a person under the statutory age of consent. The age of consent in Colorado is 17.
Consent cannot be given by a person who has a temporary or permanent mental or physical incapacity, such as, but not limited to a condition or mental state, due to drugs, alcohol, or mental disability.

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Retaliation

Retaliation is also prohibited under Title IX. Retaliation includes:

Reporting sex discrimination or sexual harassment;
Filing a complaint of sex discrimination or sexual harassment; or
Participating in the investigation or adjudication of such a complaint.

Retaliation is any action by a person that is likely to dissuade a reasonable person from exercising their rights under this policy, or which has a chilling effect upon the willingness of individuals to participate in the District’s administrative process or other antidiscrimination proceeding.

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Reporting

Anytime you become aware of inappropriate conduct of a sexual nature you are required to report it. Every Douglas County School District Employee is considered a “Responsible Employee.”

A responsible employee has the duty to report incidents of sexually inappropriate conduct by students or employees to the Title IX Coordinator and appropriate school designee.

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What is Deliberate Indifference?

A school must respond promptly to knowing or being notified of sexually inappropriate conduct in a manner that is not deliberately indifferent - which means a school must respond in a way that is clearly reasonable in light of the known circumstances.

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How Do I Avoid Committing Deliberate Indifference?

If you’re made aware of an allegation or have actual knowledge of an incident of inappropriate sexual conduct:

Report it to the Title IX Coordinator or the Compliance Investigator and engage in a consultation with Compliance Office; and
Report it to your manager, school administrator, e.g., principal or assistant principal

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How to Report to the Compliance Office?

Telephone Call or Email

Followed up with:

Telephone Consultation
Submission of Report Form
Providing Supporting Documentation

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What Happens if I Don’t Report?

Nonreporting will place the students’ and staffs’ safety in jeopardy.
Nonreporting will cause liability for the District.
Nonreporting will result in sanctions for the responsible employee who failed to report.

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What Happens if I Engage in Inappropriate Conduct of a Sexual Nature?

Engaging in inappropriate conduct of a sexual nature will result in diminished morale for students and staff, including poor performance, absenteeism, and lack of interest in school activities.
Engaging in inappropriate conduct of a sexual nature will destroy the District’s mission to uphold its values and its commitment to provide a safe and non-discriminatory learning and working environment.
Engaging in inappropriate conduct of a sexual nature will result in sanctions for the employee responsible for the conduct.

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How to File a Complaint?

Contact Compliance Office at:

Emily Sloan - Compliance Investigator

Office (720) 433-1072
Cell (720) 520-5871
esloan@dcsdk12.org

Aaron Henderson - Director/Title IX Coordinator

Office (720) 433-1083
Cell (303) 726-2811
ahenderson1@dcsdk12.org

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TEST

True or False – The Compliance Office only addresses sex discrimination.
True or False – If a coach pokes fun at a gay player in terms of derogatory gay comments and innuendo and the player does not complain, then it is okay to continue because they’re not bothered by it.
True or False – If a teacher sees first graders on the playground laughing playing nipple twister, they don’t have to report it because it appears relatively minor, and they have obviously given consent.
True or False – There are three types of sexual harassment: quid pro quo; objectively severe and pervasive sexually hostile environment; and clery crimes, such as, sexual assault, dating violence, domestic violence, and stalking.
True or False – If I have already dealt with an incident of inappropriate conduct of a sexual nature and have administered appropriate remedial action and support measures, there is no reason to contact the Title IX Coordinator.

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TEST

6. When does Title IX apply? (choose all that apply)

The misconduct occurred on a trip overseas like study abroad.
The misconduct occurred at a pep rally after school hours, but the principal, teachers, and other staff attended.
The misconduct happened on a school band trip in Texas.
The misconduct was an anti-Asian slur directed to an adopted student of Asian descent.
The misconduct was repetitive unwanted touching of a female student.

7. Who within Douglas County School District does Title IX cover?

Employees, students, applicants to the District, and gender expression and identity.
Students only.
Only female students and employees.
Employees, students, and gender identity.
Employees and students only.

8. Which example is deliberately indifferent?

Reporting sexual harassment among high schoolers to your SRO and the Compliance Office.
Reporting kindergarteners for fondling to the school administrators and the Compliance Office.
Compliance Office pausing an investigation to allow law enforcement to finish their investigation but resuming Compliance Office’s investigation once the law enforcement investigation is complete.
Not reporting sexual harassment to my SRO, and the Compliance Office.
Reporting middle schooler misconduct during athletics practice to your SRO, school administrator, and the Compliance Office.

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Test

9. Which examples are retaliation? (choose all that apply)

Student A witnessed sexual harassment and reported it, and is now being monitored by the school for being a trouble maker.
The school implemented remedial measures to resolve a conflict between two students.
Student B made a complaint against Student C and the school has now separated the students and reported the matter to the Compliance Office.
Student D made a complaint of sexual harassment by a teacher and is now being pressured and threatened by the school to recant their complaint.
Student E witnessed sexual harassment and participated in the investigation. Student E is now being mocked, bullied, and verbally harassed for being a witness and for participating in the investigation.

10. Which examples of inappropriate conduct and should be reported to the Compliance Office? (choose all that apply)

A kindie gave a hug and a kiss to another kindie even though the other student said they didn’t want to be hugged and kissed.
An 11th grader groped another student’s breasts.
A 6th grader tickled the buttocks of another student during recess.
A 9th grader “depantsed” another student during lunch exposing them.
All of the above.

11. Does sexual harassment require physical contact?

Yes, there must be unwanted touching.
No, it can include words, comments, jokes, pictures, et cetera if a reasonable person would be objectively offended and the conduct occurs repeatedly.