Title ix coordinator training
Download
1 / 150

Title IX Coordinator Training - PowerPoint PPT Presentation


  • 426 Views
  • Uploaded on

Title IX Coordinator Training. National Women’s Law Center CT State Department of Education, Bureau of Choice Programs. Presenter. Neena Chaudhry Senior Counsel National Women's Law Center 11 Dupont Circle · Suite 800 Washington, DC 20036 Tel: (202) 588-5180 Fax: (202) 588-5185

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Title IX Coordinator Training' - Gabriel


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Title ix coordinator training

Title IX Coordinator Training

National Women’s Law Center

CT State Department of Education, Bureau of Choice Programs


Presenter
Presenter

Neena Chaudhry

Senior Counsel

National Women's Law Center

11 Dupont Circle · Suite 800

Washington, DC 20036

Tel: (202) 588-5180

Fax: (202) 588-5185

Email: NChaudhry@nwlc.org


Presenter1
Presenter

Dr. William A. Howe

State of Connecticut Title IX Coordinator

Connecticut State Department of Education

Bureau of Choice Programs

25 Industrial Park Rd.

Middletown, CT 06457

Telephone: 860-807-2031

email: william.howe@ct.gov


Three units
Three Units

  • Legal Overview

  • Formal Responsibilities of Title IX Coordinators

  • Defining and Addressing Sexual Harassment



Title ix
Title IX

Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibits sex discrimination in education and in education employment.

  • "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."


Other relevant federal laws
Other Relevant Federal Laws

  • Title VII of the 1964 Civil Rights Act prohibits employment discrimination based onrace, color, religion, sex, or national origin.

  • Equal Pay Act of 1963 protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.

  • Title VI of the 1964 Civil Rights Act prohibits discrimination on the basis of race, color, and national origin in federally funded programs and activities.

  • Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in federally funded programs/activities.


Connecticut law sec 10 15c
Connecticut Law Sec. 10-15c

The public schools shall be open to all children five years of age and over who reach age five on or before the first day of January of any school year, and each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the activities, programs and courses of study offered in such public schools, at such time as the child becomes eligible to participate in such activities, programs and courses of study, without discrimination on account of race, color, sex, religion, national origin, or sexual orientation; provided boards of education may, by vote at a meeting duly called, admit to any school children under five years of age.


Connecticut education protected classes
Connecticut Education – Protected Classes

  • race

  • color

  • religious creed

  • sex

  • age

  • national origin

  • ancestry

  • marital status

  • sexual orientation

  • mental retardation

  • physical disability or learning disability, or

  • any other basis prohibited by Connecticut or federal law



Who is protected by title ix
Who Is Protected by Title IX?

  • Both men and women

  • Both staff and students


What institutions are covered by title ix
What Institutions Are Covered by Title IX?

  • Follow the federal funding

  • Covered institutions include local school districts, colleges and universities, charter and for-profit schools, as well as athletic associations.

  • Educational programs offered by non-educational institutions that receive federal funds, such as libraries, prisons, and museums, are also covered.


What educational activities are covered by title ix
What Educational Activities Are Covered By Title IX?

  • Recruitment

  • Admissions (to some schools)

  • Financial aid/scholarships

  • Facilities and housing

  • Course offerings and access

  • Counseling

  • Health insurance benefits and services

  • Athletics and other extracurricular activities

  • Employment


What is discrimination on the basis of sex
What Is Discrimination “On The Basis Of Sex”?

  • Includes pregnancy and related medical conditions

  • Includes gender stereotyping but not sexual orientation


What is discrimination
What Is “Discrimination”?

Intentional decisions to treat people

differently because of their sex

  • Does not require hostility or intent to harm; difference in treatment is enough

  • Usually proved by circumstantial, not “smoking gun” evidence


Examples of intentional discrimination
Examples Of “Intentional” Discrimination?

  • Guidance counselors consistently tell male students about opportunities to take engineering classes, but fail to mention those opportunities to female students.

  • Teachers consistently call on boys more than girls.

  • Recruitment materials feature only girls in child care classes.

  • A principal refuses to promote a woman to assistant principal because he believes she will soon get pregnant and leave.


What is discrimination1
What Is “Discrimination”?

Practices that do not explicitly or intentionally target girls or boys but that nonethelessharm them – called “disparate impact” discrimination

  • Question is whether significantly more members of one sex than the other are affected by the policy

  • If so, question is whether practice is sufficiently related to the goal it is supposed to serve


Examples of disparate impact discrimination
Examples Of “Disparate Impact” Discrimination?

  • A school requires students to pass a weight lifting test before allowing them to enroll in an auto body course, and more girls than boys fail the test.

  • A school bases awards on students’ GPAs, and boys typically have lower grades than girls.

  • A school refers students for internships based on psychological tests that measure “ambition” and “drive,” and girls have lower scores than boys on these criteria.


What is discrimination2
What Is “Discrimination”?

Retaliation – adverse action taken against an individual because s/he protested discrimination.

  • Supreme Court held in 2005 that individuals – including teachers and coaches protesting discrimination against their students -- can sue under Title IX to challenge retaliation


What is retaliation
What Is Retaliation?

Any form of adverse treatment, which for employees can include:

  • Demotion or termination

  • Reduction in pay

  • Material change in job duties

  • Harassment on the job

  • Refusal to give positive job references


What is retaliation1
What Is Retaliation?

Any form of adverse treatment, which for students can include:

  • Suspension or expulsion

  • Reduction in grades

  • Denial of permission to participate on teams, or change in position on team, amount of playing time, etc.

  • Harassment in class or on field


Special rules athletics
Special Rules: Athletics

Athletics policies promulgated by the OCR have three basic requirements:

1. Schools must offer male and female students equal opportunities to participate in sports.

2. Schools must allocate scholarship dollars equitably.

3. Schools must treat male and female athletes fairly in all aspects of athletics.


Participation the three part test
Participation:The “Three-part Test"

Schools will be providing equal participation opportunities to their male and female students if:

  • Athletic participation opportunities for males and females are substantially proportionate to their respective enrollments; OR

  • The school has a history and continuing practice of expanding athletic participationopportunities for the underrepresented sex; OR

  • The school has fully and effectively accommodated the interests and abilities of the underrepresented sex.


Ocr letter athletic activities counted for title ix compliance
OCR Letter: Athletic Activities Counted for Title IX Compliance

  • OCR issued Dear Colleague letter on Sept. 17, 2008 without any notice or opportunity for public input http://www.ed.gov/about/offices/list/ocr/letters/colleague-20080917.html

  • Says it is not a change in policy, but reverses longstanding presumption re: activities such as cheerleading by saying will count as sport under Title IX when organizations to which school belongs (e.g., athletic assns) count it as such

  • Institutions can still be challenged for counting something as a sport that doesn’t meet factors listed, but letter makes it harder for girls to get equity.


Have these schools met the three part test
Have These Schools Met the Three-Part Test? Compliance

  • Hogwarts High School has a student body that is 49% male and 51% female. Its athletes are 51% male and 49% female.

  • Potter Regional High School last added a team for girls in 2003 and plans to add an equestrian team in 2009.

  • Snape School does not offer proportionate opportunities to girls and does not have a history and practice of adding opportunities for them. It has sent a survey to its female students asking about their athletics interests but got very few responses.


Prong three full and effective accommodation
Prong Three: “Full And Effective Accommodation” Compliance

Under new “Additional Clarification”:

  • Schools may comply with Prong Three by administering Model Survey.

  • Schools may treat lack of response as evidence of lack of interest.

  • If Model Survey finds insufficient interest to support additional opportunities, OCR will presume compliance.

  • Unless female students show “direct and very persuasive evidence” to rebut that presumption.


Prior policies required more to assess interest
Prior Policies Required More to Assess Interest Compliance

  • Requests by students to add a sport

  • Participation rates in club or intramural sports

  • Participation rates in high schools and community leagues in areas from which school draws students

  • Interviews with students, coaches and administrators


Why is it a problem to use surveys alone
Why Is It A Problem To Use Surveys Alone? Compliance

  • Surveys merely measure prior discrimination

  • Exacerbated where schools survey only enrolled and admitted students

  • Thus perpetuates cycle of discrimination and conflicts with purpose of Title IX to encourage women’s interest


Why is additional clarification harmful
Why is “Additional Clarification” Harmful? Compliance

  • Places burden on women to show they are interested in opportunities, reversing the Department’s prior approach, which put burden on schools and required searching OCR review

  • Imposes a requirement on women that is not imposed on men

  • Reaffirms stereotype that women are less interested in sports than men


Safer course adhere to prior department policies
Safer Course: Adhere to Prior Department Policies Compliance

1996 Clarification can be found at http://www.ed.gov/about/offices/list/ocr/docs/clarific.html


Adequate defenses to not meeting three part test
Adequate Defenses to Not Meeting Three-Part Test? Compliance

  • “Girls are less interested in sports than boys, and boys need them more to stay engaged in school.”

  • “Giving girls additional opportunities to play would require cutting boys’ teams.”

  • “Sports were offered but girls didn’t show up to try out or to play.”


Equal benefits services
Equal Benefits/Services Compliance

Boys’ and girls’ athletics programs must be equal overall,* e.g., with regard to:

  • Scheduling

  • Travel

  • Coaching

  • Locker rooms/facilities

  • Medical/training services

  • Publicity

  • Recruiting

  • Tutoring

  • Housing/dining

    * No “booster club” exception


Title ix coordinator training

A Common Problem Compliance

Girls’ softball field at Bowie High School in Prince George’s County, Maryland

Boys’ baseball field at Bowie High School in Prince George’s County, Maryland


Adequate defenses to unequal treatment
Adequate Defenses to Unequal Treatment Compliance ?

  • “There aren’t enough fields or facilities to allow girls and boys to play in the same season.”

  • “Even if the girls’ soccer team is treated worse than the boys’ soccer team, the girls’ basketball team is treated better than the boys’ basketball team.”

  • “The boys’ equipment costs more than the girls’ equipment.”

  • “More people come to the boys’ games so they deserve the better schedule.”


Special rules single sex programs
Special Rules: Compliance Single Sex Programs

Both Title IX and the U.S. Constitution set limits on when single sex programs are permissible.


Title ix coordinator training
Why? Compliance

  • Students are excluded from programs from which they may benefit based solely on their gender.

  • Single sex programs can reinforce gender stereotypes that are harmful to both boys and girls

  • Girls have historically received, and will likely continue to receive, fewer resources and opportunities in all-female environments.


When are single sex programs permissible
When Compliance Are Single-Sex Programs Permissible?

Common-sense circumstances:

  • Human sexuality classes

  • Physical education classes in contact sports

  • Choirs for a specific vocal range


When are single sex programs permissible1
When Compliance Are Single-Sex Programs Permissible?

Where they:

  • Are substantially related to

  • An exceedingly persuasive justification; and

  • Provide equal opportunity to the excluded gender.


What is an exceedingly persuasive justification
What Is An “Exceedingly Persuasive Justification”? Compliance

Compensatory purposes – i.e., to overcome gender-based barriers that have limited opportunities for students of one gender


What is substantially related
What Is “Substantially Related”? Compliance

Evaluate fit between means and justifiable ends


What is equal opportunity for the excluded gender
What Is “Equal Opportunity for the Excluded Gender”? Compliance

Unless the single sex program is adopted for affirmative action purposes, a school must show that each gender is treated equally in all tangible and intangible ways.


Do doe s new regulations meet these legal standards
Do DOE’s Compliance New Regulations Meet These Legal Standards?

NO!

  • Permit single-sex programs based on vague objectives that can rely on stereotypes and parental preferences.

  • Assume “substantial relationship” based on equivocal evidence

  • Do not require equal opportunity for the excluded gender


Do doe s new regulations meet good policy standards
Do DOE’s Compliance New Regulations Meet Good Policy Standards?

NO!

  • Encourage schools to divert resources from proven educational reforms

  • Provide no effective accountability for experimentation


Are these single sex programs permissible
Are These Single Sex Programs Permissible? Compliance

  • Weasley High School offers a remedial reading class for boys only because tests show that boys generally lag behind girls in this subject.

  • Granger Regional School District wants to separate boys and girls for physical education based on the belief that girls will work out harder if there are no boys around.

  • Lupin School offers an all-girls’ technology club. To ease girls in, it focuses on practical computer applications rather than programming.


Special rules pregnancy
Special Rules: Pregnancy Compliance

BASIC RULES

  • Schools may not discriminate (in school or extracurricular activities) based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from pregnancy.

  • Schools must treat students affected by pregnancy and related medical conditions the same as students similarly affected by temporary disabilities.


Special rules pregnancy1
Special Rules: Pregnancy Compliance

SPECIAL ARRANGEMENTS

  • Schools may offer separate programs for pregnant students, but programs must be (a) voluntary and (b) comparable to programs for other students.

  • Schools must allow pregnant students a leave of absence (for as long as deemed medically necessary by student’s doctor) and reinstate them upon their return.


Some state laws provide additional protections
Some State Laws Provide Compliance Additional Protections

North Carolina

(N.C.G.S.A. § 115C-375.5)

A student’s absences due to the illness or medical appointment during school hours of her child must be excused if she is the custodial parent.

Homework and make-up work shall be made available to pregnant and parenting students during absences and, to the extent necessary, a homebound teacher shall be assigned.


Girls and the dropout crisis
Girls and the Dropout Crisis Compliance

25% of girls do not graduate from high school on time with a standard diploma

Rates for girls of color even worse:

Latinas: 37%

Black: 40%

Native American/Alaskan Native: 50%


Dropout by race ethnicity and gender
Dropout by Race/Ethnicity Compliance and Gender

Female

Male

Est. % Dropouts for Class of 2003-04

Source: EPE Research Center, Diplomas Count: Ready for What? Education Week, June 2007.


Dropout rates for girls by state 2003 04
Dropout Rates for Girls by State (2003-04) Compliance

CT=17%

12-19%

20-29%

31-41%

No data


Pregnancy and dropping out
Pregnancy and Dropping Out Compliance

One-third of female dropouts say that becoming a parent was a major factor in their decision to leave school.

Those who left school to care for a family member or child were “most likely to say they would have worked harder if their schools had demanded more of them and provided the necessary support.”

Source: Gates Foundation Dropouts Survey, September/October 2005


Challenges facing pregnant and parenting students
Challenges Facing Pregnant and Parenting Students Compliance

No child care

Financial instability

Lack of stable and supportive

housing

Unreliable transportation

Involvement with interpersonal violence

Lack of supportive adults and peers


Pregnant parenting students barriers to completing school
Pregnant/Parenting Students’ Barriers to Completing School

Stress!

Decreased Attendance/Increased Tardies

Diminished academic achievement

Failure to believe education is valuable

Discrimination by school officials


Why don t pregnant and parenting youth seek support
Why Don’t Pregnant and Parenting Youth Seek Support?

Supportive services are not readily available.

Students are not aware of available supportive services.

P/P students aren’t aware of their rights to an equitable education under the law.

Schools aren’t aware of their obligation to provide an equitable education to P/P students.


Recommendations for schools
Recommendations for Schools

Designate and train Title IX Coordinators!

Create access to social services and case management; child care; classes in parenting skills, prenatal care, and child development; transportation assistance; mentoring programs.

Ensure alternative scheduling and attendance arrangements; physical accommodations; excused absences for child’s illness or medical appts; allowance of make-up work for excused absences.

Monitor educational progress of P/P students; individualized grad plans.

Increase outreach efforts to re-enroll students who have dropped out; transition support to post-secondary education, training, or employment services.


Model program and policy
Model Program and Policy

Los Angeles Unified School District (LAUSD) Teen Parenting Program and Policy Bulletin on “Pregnant and Parenting Students’ Educational Rights”

Seek out and educate P/P students about their rights.

Commit to making “reasonable adjustments” as with other “medical conditions.”

Acknowledge right to confidentiality.

Provide the option of enrollment at 1 of 2 pregnant minor high schools w/in district.

Offer limited child care services at school-based centers.

Link P/P youth with case management services.

Advocate for continued non-discrimination.

(www.lausd.k12.ca.us/lausd/offices/eec/pdfs/Bul_2060.pdf; http://www.lausd.k12.ca.us/lausd/offices/eec/parenting.htm)


Do these programs violate the law
Do These Programs Violate the Law?

  • Malfoy Middle School requires pregnant students to produce a doctor’s note before they can participate in PE classes.

  • Draco Alternative School offers state-of-the-art childcare facilities and parenting classes, but no extracurricular activities.

  • Crabbe High School refuses a pregnant student’s request to provide at-home tutoring during her leave for childbirth.


Special rules affirmative action
Special Rules: Affirmative Action

What is affirmative action?

  • Measures designed to ensure equal access to educational opportunities and to overcome barriers that have limited the participation of women and minorities in the past – not preferences or quotas.


What kinds of steps are affirmative action
What Kinds of Steps Are Affirmative Action?

  • Targeted outreach and recruitment

  • Collecting data on enrollment, retention, graduation and investigating for potential problems

  • Evaluating admissions processes to ensure criteria don’t exclude qualified women and minorities

  • Taking race or gender into account in decisionmaking


When can schools take race or gender into account
When Can Schools Take Race Or Gender Into Account?

  • To combat discrimination or avoid racial isolation

  • To promote diversity

    Note that affirmative action plans must be carefully structured to ensure they meet applicable legal requirements.



Stipulations
Stipulations

1. School systems or other recipients of

federal funds must designate at least

one employee as the Title IX coordinator to oversee compliance efforts and investigate any complaints of sex discrimination.


Although at least one employee
Although at least one employee

is required to be designated to coordinate compliance with Title IX,

it is the shared responsibility of an entire school district, from top-level administration to individual staff, to foster compliance.


Stipulations1
Stipulations

2. All students and employees

must be notified of the names,

office address(es), and telephone number(s) of the designated coordinator(s) of Title IX.

Who is YOUR Title IX Coordinator?


Stipulations2
Stipulations

3. Grievance procedures and nondiscrimination policies must be made public.


Title ix at 34 c f r 106 9
Title IX - at 34 C.F.R. § 106.9

Require that each recipient publish a statement (notice) that it does not discriminate on the basis of sex in the education programs or activities it operates. The notice must state, at a minimum, that the recipient does not discriminate on the basis of sex in admission to or employment in its education programs or activities. The notice must further state that inquiries to recipients concerning the application of Title IX and its implementing regulations may be referred to the Title IX coordinator or to OCR.


Title ix notice
Title IX - Notice

Section 106.9(b) requires that the notice of nondiscrimination be displayed prominently in each announcement, bulletin, catalog, or application form used in connection with recruitment of students or employees. The notice should also include the name, office address, and telephone number for the designated Title IX coordinator.


Stipulations3
Stipulations

4. Recipient school systems had to perform a one-time self-evaluation, with obligations to modify practices that did not comply with Title IX.


Stipulations4
Stipulations

5. School systems may take remedial and affirmative steps to increase

the participation of students in programs or activities where

bias has occurred.


Core responsibilities of title ix coordinators
Core Responsibilities of Title IX Coordinators

  • Develop and maintain a working knowledge of Title IX and relevant state laws.

  • Monitor school district’s compliance with legal requirements.

    • Ensure school district has required policies and procedures in place.

    • Conduct evaluations of school compliance.

    • Arrange for training for staff and students.

    • Provide and update resources.

    • Ensure prompt and effective processing of complaints.


Informational file trays
Informational File Trays

  • Non-Discrimination Statement including name, title, address, email address and phone number of the Title IX/504/ADA Coordinator

  • Copies of the school’s policies on non-discrimination and the procedures for both staff and students/parents to file complaints.


Informational file trays1
Informational File Trays

  • Copies of any forms that are required or at least a guide to what needs to be in a written complaint.


Informational file trays2
Informational File Trays

  • List of Contacts – school staff responsible for handling complaints, the Regional Office of the USDOE Office for Civil Rights, the State Human Rights Commission, any state commissions or agencies that deal with equity - Permanent Commission on the Status of Women, and the State Dept. of Ed. Equity Contact, and any other appropriate advocacy agency.


Informational file trays3
Informational File Trays

  • Pertinent state and school Bullying and Harassment Policies.


Where do i put these file trays
Where do I put these File Trays?

  • School Office

  • Hallways

  • Cafeteria

  • Library

  • Nurses Office

  • Guidance Office


Where do i put these file trays1
Where do I put these File Trays?

  • Social Worker Office

  • Psychologist Office

  • Counselor’s Office

  • Gym Teacher & Athletic Director Office

  • School Board Meetings

  • Website


Help me hot line
“Help Me” HOT Line

  • Create a dedicated phone number to handle complaints and inquiries – 1-800-FOR-HELP

  • Create a dedicated email address to handle complaints and inquiries – HELPME@myschool.com

  • Create online complaint forms



Harassment is discrimination
Harassment Is Discrimination

Harassment includes:

  • Sexual harassment

  • Gender-based harassment (name calling, stereotyped remarks)


Conn pub act no 92 85 cgs 46a 60 8 46a 54 15
Conn. Pub. Act No. 92-85, CGS §46a-60(8), §46a-54(15)

  • Requires an employer with three or more employees to post information concerning the illegality of sexual harassment and available remedies.

  • Requires an employer with fifty or more employees to provide two hours of training re: sexual harassment to all current supervisory employees and to new supervisory employees within six months of assumption of a supervisory position.


Sexual harassment is
Sexual Harassment Is:

  • Conduct of a sexual nature;

  • That is unwanted and unwelcome; and

  • That interferes with a student’s right to learn, study, work, achieve, or participate in school activities in a comfortable and supportive atmosphere.


Unlawful sexual harassment can be
Unlawful Sexual Harassment Can Be:

  • Perpetrated by a teacher, student or third party

  • Directed by either gender at the other

  • Directed at a victim of the same gender as the harasser, as long as the harassment is based on sex, not sexual orientation


Unlawful harassment can take place
Unlawful Harassment Can Take Place:

  • In classrooms

  • In hallways

  • On school grounds

  • On school buses

  • On field trips

  • At sporting events

  • At teachers’ offices or homes


Unlawful harassment can cause
Unlawful Harassment Can Cause:

  • Physical or emotional injury to victims

  • Disruption of education

  • Damage to a school’s reputation

  • Legal liability for a school


Two types of sexual harassment
Two Types of Sexual Harassment:

  • Quid Pro Quo: Benefits (or penalties) are conditioned on an individual’s submission to (or failure to submit to) requests for sexual favors

  • Hostile Environment: Harassment that does not result in a tangible benefit or penalty but that is sufficiently severe and pervasive to limit the victim’s ability to participate in classes, activities, or other aspects of the educational program.


Examples of hostile environment harassment
Examples of Hostile Environment Harassment

Physical Conduct

  • Unwelcome sexual advances

  • Unwanted hugs, touches or kisses

    Non-Physical Conduct

  • Suggestive or lewd remarks or jokes

  • Derogatory or pornographic posters, cartoons, screen savers


How can you tell if advances are unwelcome
How Can You Tell If Advances Are “Unwelcome”?

Put yourself in the position of the alleged harasser and ask:

  • Would you want your behavior to appear on the evening news?

  • Is there a difference in status or power between you two?

  • Would you behave the same way if a family member were standing next to you?

  • Would you want someone else to act this way toward your spouse or significant other?


How to tell if there is a hostile environment
How to Tell If There Is a Hostile Environment

Assess several factors:

  • Severity of conduct

  • Frequency of conduct

  • Relationship and ages of harasser and victim

  • Impact on victim (both subjective and objective)


Are these examples of unlawful harassment
Are These Examples of Unlawful Harassment?

  • Victor Goyle mercilessly mocks the physique of girls on the lacrosse team when he sees them at the pizza place they frequent after games.

  • Becky and Brandon were an item last year but broke up over the summer. Now Brandon wants to get back together and keeps asking Becky out for dates.

  • Hagrid School’s athletic director insults all athletes who lose games, calling them sissies and “girls.”


What should you do about harassment
What Should You Do About Harassment?

  • Legal obligation to take steps to prevent harassment and address any harassment that occurs

  • Need to step in before conduct amounts to unlawful harassment


Don t wait for a complaint
Don’t Wait For A Complaint

Need to address harassment whenever you become aware of it, whether or not a formal complaint is filed


Why women and men don t report harassment
Why Women and Men Don’t Report Harassment

  • Fear Of Retaliation

  • Fear Of Humiliation

  • Fear Of Being Labeled A Trouble Maker

  • Advised: Ignore It, It Will Go Away

  • Denial: You’re Over Reacting

  • Told They Should Be Flattered By It

  • Blamed For His Or Her Behavior

  • Fear Of Being Ostracized

  • Reactions Of Husbands/Wives Or Friends

  • Fear Of Career Damage

  • Fear Of Job Loss

  • Unaware Of Rights


Look for cues in the environment
Look For Cues in the Environment

  • The following are examples of cues in the educational environment that signal that sexual harassment may exist or that the potential for sexual harassment is high.


Cues in the environment
Cues in the Environment

  • Changes in student’s level of participation in class or school activity

  • High level of intoxication at student/ faculty gatherings

  • Student or employee avoidance of supervisor, teacher/ co-worker, or other student(s).

  • Pervasive display of sexually explicit or graphic material in offices or public spaces

  • Sexually explicit or gender-based jokes at faculty or employee gathering places.


Cues in the environment1
Cues in the Environment

  • Appearance of sexual graffiti on desks, walls, lavatory walls, etc.

  • Presence of cliques or gangs in schools or colleges.

  • School bus incidents involving complaints of verbal or physical abuse.

  • Recurring disciplinary problems, e.g. the same students get sent to the principal’s office for “bothering” females.


What should you do to prevent harassment
What Should You Do to Prevent Harassment?

GRIEVANCE PROCESS

  • Description of steps of process

  • Identification of staff responsible for each step of process

  • Time frames for each step of process

  • Assurance that parties will be informed of the outcome


Elements of a good anti harassment policy
Elements of a Good Anti-Harassment Policy

  • States school’s commitment against harassment

  • Defines types of harassment prohibited

  • Includes examples of behaviors

  • States where behaviors are prohibited

  • Identifies process for submitting and investigating complaints

  • Specifies that District will take action to stop and prevent

  • States who handles complaints and how she/he can be reached

  • Requires staff to report harassment

  • Prohibits retaliation

  • Confidentiality for complainant

  • Where and how records are kept and how complainant will be informed of outcome

  • How and when policy will be publicized


Good policies are not enough

2001 AAUW Study shows understanding has grown:

96% of students understood sexual harassment

69% said their schools had harassment policies

36% said their schools distribute handouts on harassment

But incidence of harassment is still too common:

81% of students have experienced it

Six in ten students experience physical harassment

38% report that teachers and school employees harass students

Good Policies Are Not Enough


Other necessary steps
Other Necessary Steps:

  • Publicize the policy broadly.

  • Train teachers and staff to recognize and stop impermissible conduct.

  • Train teachers on harassment procedures and need to report/follow up on all allegations of harassment


Other necessary steps1
Other Necessary Steps:

  • Offer age-appropriate training to students on harassment and complaint procedures.

  • Maintain adult supervision in places where harassment occurs – e.g., playgrounds, buses.

  • Investigate every complaint to show commitment to preventing and addressing harassment.


Bullying connecticut law
Bullying – Connecticut Law

Public Act No. 08-160: An Act Concerning School Learning Environments*

  • Amends the definition of “bullying” so that it now refers to overt acts committed more than once against any student during the school year. Formerly, the acts had to be repeated against the same student over time.

    * CGS 10-222d (original ”Bullying Legislation”) no longer exists and is now Public Act No. 08-160


Public act no 08 160
Public Act No. 08-160

All local school districts must not only develop but must also implement policies on bullying intervention and prevention.

110


Public act no 08 1601
Public Act No. 08-160

Amends the requirements for what must be in Board of Education bullying policies to include, but not be limited to, the following:

111


Public act no 08 1602
Public Act No. 08-160

Require teachers and other school staff to notify school administrators in writing if they witness acts of bullying or receive student reports of bullying. (Previously, they had to notify administrators of these events, but not in writing);

Provide that no disciplinary action may be taken solely on the basis of an anonymous report;

112


Public act no 08 1603
Public Act No. 08-160

Include prevention and intervention strategies, as defined in the act, for school staff to deal with bullying. For instance, such strategies may include, but are not limited to, implementation of positive behavioral interventions and supports, a school survey to determine the prevalence of bullying, etc. Formerly, the law required that only intervention strategies be included and they were not defined;

113


Public act no 08 1604
Public Act No. 08-160

Require each school, within available appropriations, to report the number of verified acts of bullying to the Department of Education annually; and

Identify the appropriate school personnel responsible for taking a bullying report and investigating the complaint.

114


Public act no 08 1605
Public Act No. 08-160

Requires each Board of Education to

(A) submit its bullying policy to the Department of Education by February 1, 2009, and

(B) by July 1, 2009, ensure that the policy is included in the school district's publication of the rules, procedures, and standards of conduct for schools and in all student handbooks.

115


Public act no 08 1606
Public Act No. 08-160

Requires

(A) Boards of Education, except in certain circumstances, to include in their in-service training programs for educators information on the prevention of bullying, and

(B) teacher preparation programs to encourage students to complete coursework that includes bullying and suicide prevention

116


Public act no 08 1607
Public Act No. 08-160

Requires the Department of Education to:

(A) review and analyze board of education bullying policies;

(B) examine the relationship between bullying, school climate and student outcomes;

(C) document school districts’ articulated needs for technical assistance and training related to safe learning and bullying;

(D) collect information on the prevention and intervention strategies used by schools to reduce bullying, improve school climate and improve reporting outcomes;

(E) develop model polices for the prevention of bullying; and

(F) on or before February 1, 2010, to report to the General Assembly on the status of these efforts and any recommendations regarding additional activities or funding to prevent bullying in schools and improve school climate.

117


What you can do
What You Can Do

The New England Equity Assistance Center staff recommends to districts the following strategies for combating bullying, teasing, and sexual harassment:

  • Review, update, and disseminate the district's Sexual Harassment Policy.

  • Widely publicize the name of the Title IX Coordinator.

  • Conduct administrative, faculty, staff, and student training forums.

  • Conduct assessments to ensure that all areas are reviewed for problems.

  • Develop a leadership group to review areas of concern.

  • Integrate respectful behavior into the curriculum whenever possible.

  • Conduct parent and community informational sessions.

  • Consistently apply policy.

  • Utilize student train-the-trainers model.

  • Encourage adult modeling behavior.

  • Monitor policy, and encourage students/employees to file complaints.

  • Look for patterns of problem situations, and take proactive steps.

  • Keep track of instances to see if problems repeatedly arise in particular programs or with particular individuals.


What is effective response if harassment occurs
What Is Effective Response If Harassment Occurs?

  • Conduct prompt and thorough investigation

  • Ensure no retaliation against victim

  • Protect confidentiality to the extent possible

  • Take interim measures as necessary

  • Take effective and appropriate remedial action


Dangerous words
Dangerous Words

When responding to a complaint, be careful that these words don’t come out of your mouth:

  • It’s just teasing- no big deal.

  • The people in our school would never do…

  • I know he/she didn’t mean anything like that.

  • It’s your fault for dressing so provocatively.

  • You need to learn to handle these things.


Dangerous words1
Dangerous Words

  • Just ignore it.

  • He puts his arms around everyone.

  • Why can’t you learn to accept a compliment?

  • You must have wanted it- otherwise you would have told him no.

  • That’s how they do things where he comes from.

  • It’s a joke. Lighten up.

  • No one’s filed a charge so our hands are tied.


Dangerous words2
Dangerous Words

  • We’ve never had a complaint, so we don’t have a problem.

  • This kind of behavior is all a part of growing up.

  • It’s a matter of hormones, we can’t control that.

  • If we had to discipline every student who used bad language we’d never get anything else done.

  • Its just a prank that got out of hand.

  • Oh well, boys will be boys.


What should you do
What Should You Do?

  • Take the report seriously.

  • Listen, sympathize, but don’t judge.

  • Don’t delay.

  • Respond to concerns.

  • Document the allegations.

  • Investigate promptly and thoroughly.

  • Follow up with complainant to ensure s/he is getting needed assistance.


Characteristics of a good investigator
Characteristics of a Good Investigator:

  • Organized

  • Attentive to detail

  • Able to analyze

  • Able to listen and stay focused

  • Objective

  • Aware of your own biases/ behaviors

  • Very good communication skills, both verbal and written


Characteristics of a good investigator1
Characteristics of a Good Investigator:

  • A belief in the goal

  • Knowledge of case law and standards of proof

  • Knowledge of your organization’s policies and procedures

  • A healthy curiosity to figure things out

  • A commitment to the safety of students and staff

  • Tenaciousness

  • Knowledge of your limitations

  • A sense of humor


Characteristics of a good investigation
Characteristics of a Good Investigation:

Understand the Claim

  • Conduct a thorough interview of the complainant and identify specific allegations made.

  • Identify specific provisions of law or parts of school policy alleged to have been violated.

  • Conduct a thorough interview of the person named in the complaint and identify defenses.


Characteristics of a good investigation1
Characteristics of a Good Investigation:

Create an Investigative Plan

  • Outline key questions.

  • Decide whom you need to interview.

  • Decide what documents you need to review.

  • Set time frames.


Characteristics of a good investigation2
Characteristics of a Good Investigation:

Keep Parties Informed

  • Make sure parties understand the process.

  • Keep parties informed of the status of the investigation.

  • Remind parties and witnesses that they are protected from retaliation.


Characteristics of a good investigation3
Characteristics of a Good Investigation:

Be Thorough, Careful and Neutral

  • Interview parties and witnesses and assess credibility.

  • Gather and review relevant documents.

  • Visit the site of the incident.

  • Give each party the opportunity to respond to evidence gathered.

  • Document all stages of investigation.


Characteristics of a good investigation4
Characteristics of a Good Investigation:

Reach and Document Fair Conclusions

  • Analyze all information and determine whether facts show a violation of the law.

  • Document the basis for each conclusion.

  • Notify the parties of the results and inform them of any rights of appeal.

  • Take necessary remedial steps.

  • Maintain secure records.


What is effective and appropriate remedial action
What Is Effective and Appropriate Remedial Action?

Steps reasonably calculated to end the harassment and prevent its recurrence

  • Disciplining harasser

  • Separating the harasser from the victim

  • Modifying school’s harassment policy as necessary

  • Training of employees and students

  • Monitoring aspects of educational program where harassment has arisen


What is effective and appropriate remedial action1
What Is Effective and Appropriate Remedial Action?

Steps to eliminate the effects of the harassment by addressing the victim’s injuries:

  • Removing negative grades or evaluations that resulted from the harassment from the student’s record

  • Allowing student to retake a test or class in which s/he has performed poorly

  • Damages to compensate for out of pocket costs and emotional distress


Did these schools respond effectively
Did These Schools Respond Effectively?

  • Parents complain to the principal of Sirius Elementary School that their daughter is being harassed on the school bus. The principal transfers her to another bus route and no further harassment occurs.

  • On two occasions, the girls’ basketball team is harassed by a particular opposing team. Afterwards, the school speaks to the coach of the opposing team and asks the referee to be alert to any problems. The school also sends along an extra teacher to police the conduct of the opposing team.


How would you conduct this investigation
How Would You Conduct This Investigation?

A parent just reported to you that his 2d grade son told him that a 5th grader had been touching his private parts on the playground for several days.

  • What questions should you ask the parent?

  • What information should you give the parent?


How would you conduct this investigation1
How Would You Conduct This Investigation?

  • What should you do after the interview with the parent?

  • Who should you talk to during the investigation? What question should you ask?

  • Can you keep the 2d grader’s identity a secret? The 5th grader?

  • Are there interim measures you should take while the investigation is ongoing?


How would you conduct this investigation2
How Would You Conduct This Investigation?

  • If the police investigate and decide not to prosecute, is your job over?

  • What steps should you take if you find that the allegations are true?

  • What kinds of records should you maintain of your investigation?


Where can you get help

Where Can You Get Help?

Available Resources


To file a complaint or get technical assistance
To File a Complaint or Get Technical Assistance . . .

US Department of Education Office for Civil Rights - Boston33 Arch Street, Suite 900 Boston, MA 02110-1491 Tel: 617-289-00111 Fax 617-289-0150 TTY/TDD: 877-521-2172

OCR on the web: http://www.ed.gov/about/offices/list/ocr/know.html

OCR Electronic Complaint Form: http://www.ed.gov/about/offices/list/ocr/complaintintro.html


To file a complaint or get technical assistance1
To File a Complaint or Get Technical Assistance . . .

The Commission on Human Rights and Opportunities (CHRO)21 Grand Street, Hartford, CT 06106 Tel: 860-541-3400 or 800-477-5737Web site: http://www.state.ct.us/chro/


State department of education website
State Department of Education Website

http://www.state.ct.us/sde/

Click on “Choice Programs”


State title ix compliance
State Title IX Compliance

Dr. William A. Howe

State of Connecticut Title IX Coordinator

Connecticut State Department of Education

Bureau of Choice Programs

25 Industrial Park Rd.

Middletown, CT 06457

Telephone: 860-807-2031

email: william.howe@ct.gov


Sde consultant for bullying
SDE Consultant for Bullying

Jo Ann Freiberg, Ph.D.

Associate Education Consultant

Bureau of District and School Improvement

State Department of Education

165 Capitol Avenue, Room #222

Hartford, CT 06106

JoAnn.Freiberg@ct.gov

Phone: (860) 713-6598

Fax: (860) 713-7023


You may also consider and advise
You May Also Consider And Advise

  • Calling the Police

  • Calling DCF

  • Obtaining a Lawyer

  • Seek Revocation of Teaching Certification

  • Combination of the above


The new england equity assistance ctr @ brown univ
The New England Equity Assistance Ctr @ Brown Univ.

Randy Ross

Program Specialist/Gender Equity

New England Equity Assistance Center

Education Alliance at Brown University

222 Richmond Street, Suite 300

Providence, RI 02903

Telephone: (401) 274-9548 X272

Fax: (401) 351-9594

Email: Randy_Ross@brown.edu

Website:

http://www.alliance.brown.edu/eac/


National women s law center
National Women's Law Center

National Women's Law Center

11 Dupont Circle · Suite 800 Washington, DC 20036 Tel: (202) 588-5180 Fax: (202) 588-5185 Email:Info@nwlc.orgWebsite: http://www.nwlc.org/


Connecticut women s education legal fund
Connecticut Women's Education & Legal Fund

135 Broad St.

Hartford, CT 06105-3701Tel: 860-247-6090Fax: 860-524-0804Info & referral-

860-524-0601 or 800-479-2949Email: cwealf@snet.netWebsite: http://www.cwealf.org


Permanent commission on the status of women
Permanent Commission on the Status of Women

18-20 Trinity StreetHartford, Ct 06106Tel: 860-240-8300Fax: 860-240-8314Email: PCSW@po.state.ct.usWebsite: http://www.cga.state.ct.us/pcsw/


Pflag parents families friends of lesbians gays
PFLAG - Parents, Families & Friends of Lesbians & Gays

PFLAG National Office1726 M Street, NW Suite400 Washington, DC 20036Tel: (202) 467-8180Fax: (202) 467-8194Website: http://www.pflag.org/


Glsen the gay lesbian and straight education network
GLSEN- The Gay, Lesbian and Straight Education Network

GLSEN National Office121 West 27th Street, Ste 804New York, NY 10001Tel: 212-727-0135.Fax: 212-727-0254E-mail: glsen@glsen.orgWebsite: http://www.glsen.org/