Federal Guidelines
Title IX
Council on Student Affairs
Lee E. Bird, Ph.D.
Oklahoma State University
Dear Colleague Letter
• Office of Civil Rights (OCR)
• Title IX of the Education Amendments of
1972
• Letter supplements the 2001,OCR Sexual
Harassment Guidance
Title IX
• Title IX prohibits discrimination on the basis
of sex in educational programs or activities
operated by recipients of federal financial
assistance.
• Sexual harassment of students, which
includes acts of sexual violence is a form of
sex discrimination prohibited under Title IX.
Title IX, Continued
• Sexual Violence refers to physical sexual
acts perpetrated against a person’s will or
where a person is incapable of giving
consent due to
– victim’s age,
– use of drugs or alcohol,
– intellectual or other disability.
National Institute of Justice
• 1 in 5 women are victims of completed or
attempted sexual assault while in college
• 6.1% of males
• 3,300 forcible sex offenses reported in
2009
What forms of Sexual Harassment
do Students Experience?
Student to student harassment (68% of students)
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Sexual comments or jokes (Female 57% and Male 48%)
Sexual touching (Female 28% and Male 22%)
Sexual texting/pornographic email (Female 15% and Male 37%)
Calling an individual derogatory homosexual names (Female 13%
and Male 37%)
Faculty/Staff to student harassment (18% of students)
– Sexually offensive jokes in class
– Using examples in class and calling out a student as an example
Why do students harass?
– Thought it was funny (59%)
– Thought the person liked it (32%)
– It’s no big deal (30%)
(Mackenzie Wilfong, OSU AAO)
-Wanted to date the person (17%)
-Friends encouraged the behavior (10%)
How does Harassment Make
Students Feel?
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How harassment makes students feel varies greatly by gender.
– Self conscious or embarrassed (Female 57% and Male 34%)
– Angry (Female 55% and Male 32%)
– Less confident (Female 35% and Male 16%)
– Afraid or scared (Female 32% and Male 9%)
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Impact on Education: How do students react?
– Avoid the person (Female 48% and Male 26%)
– Avoid a place (Female 27% and Male 11%)
– Found it hard to study or concentrate in class (Female 16% and Male 8%)
– Got someone to protect them (Female 16% and Male 4%)
– Did not participate as much in class (Female 10% and Male 6%)
(Mus, 2011)
Gender Discrimination
• Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature that is sufficiently severe and
pervasive that it interferes with or limits a
student’s ability to participate in or benefit from
the school’s programs.
• Sexual violence is prohibited under Title IX
Two Forms of Harassment
• Quid pro quo
– “This for that” (i.e. better grade)
• Hostile environment
– Reasonable woman standard
– Severe or pervasive
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Frequency of conduct
Severity of conduct (one incident may be enough)
Physically threatening or humiliating
Interferes with the students academic or
extracurricular programs.
Our Job
• Take immediate and effective steps to:
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End sexual harassment and sexual violence
Prevent its reoccurrence
Address its effects (on the victims)
Prevent retaliation*
– *31% of all EEOC charges were based on
retaliation (2009)
Deliberate indifference
“Know or should have known”
Cases:
Gebser v. Lago Vista
Davis v. Monroe
Training
• Employees trained so they know to report
harassment to appropriate school officials
• Employees with authority to address
harassment, know how to investigate and
respond to victim
Training continued...
• Training to any employee likely to witness
or receive complaints.
– Teachers
– School law enforcement
– Administrators
– Counselors
– General counsel
– Health personnel
– Resident advisors/ hall directors
Responding to
Off-Campus Incidents
• Regardless of where the conduct occurred,
the school must process the complaint in
accordance with its established procedures
• School should also take steps to protect a
student who was assaulted off-campus from
further harassment or retaliation from
perpetrator or associates.
A School that Knows or
Reasonably Should Have Known
Must:
• Investigate what occurred
• Take appropriate steps to resolve the
situation
• Law enforcement investigation does not
relieve the school of study to
independently investigated
Weighing Request for
Confidentiality
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Seriousness of alleged harassment
Complaint's age
Repeat complaints
Alleged harasser’s rights
– (creating an educational record)
NOTE: Even if the school cannot take
disciplinary action against the alleged
harasser because of confidentiality, it should
pursue other steps to limit effects of alleged
harassment and prevent reoccurrences
Procedural Compliance with
Title IX
• MUST publish notice of
nondiscrimination
• Designate at least one employee to
coordinate Title IX compliance
• Adopt and widely publish guidance
procedures
Notice of Nondiscrimination
• College or University does not discriminate
on the basis of sex in its education programs
and activities
• Inquires concerning the application of Title
IX may be referred to Title IX coordinator
• Name/title
– Office address
– Telephone #
– Email address
• Define sexual harassment- give examples
Title IX Coordinator
• Over see Title IX complaints, identifying
and addressing any pattern or systematic
problems that arise during the review of
complaints
• Have adequate training on Title IX,
harassment, and sexual violence, to know
how to conduct grievance investigations
and hearings
Grievance Procedures
• Procedure must apply to sex
discrimination complaints filed by
students against student, school
employees, other students or third parties.
• Does not specify form to be used
• Must meet the Title IX requirement of
according a complainant, a prompt and
equitable resolution
Mediation (ADR)
• For sexual assault allegations, mediation is
not appropriate even on a voluntary basis
• If mediation used for lesser issues, must have
trained mediator
• Improper for a student who complains of
harassment to be required to work out the
problem with the accuser alone
• Student may end informal process at anytime
and move to formal process
Grievance Procedures
• Do your grievance procedures provide for
prompt and equitable resolutions?
– Notice of procedures - where complaints can
be filed
– Ability to address alleged complaints by
employees, other students or third parries
– Adequate, reliable and impartial
investigations
Grievance Procedures Cont.
• Designated and reasonably prompt time
frames for the major stages of the
complaint process
• Notice to parties of the outcome of the
complaint
• Prevent recurrence of any harassment
• Conect discriminatory effects
Hearing Standards
• Preponderance of evidence (51% sure) must be used
• Equal opportunity to present relevant witnesses and
other evidence
• Both receive timely access to information used at
hearing
• Equal use and role of attorney (if used)
• Discourages cross examination
• Requires appeal process for both parties
• Maintain documentation of all proceedings (verbatim
record)
Timelines Must be Specified for:
• Full investigation*
• Both parties to receive a response
regarding the outcome of the complaint
• Appeals
*60 days following receipt of complaint is
recommended
Notice of Outcome
• Both parties may be told concurrently
• Must be in writing and include
appeal criteria
• Post secondary institution may disclose
to anyone
• Re-disclosure requirements omitted
Education and Prevention
• Be proactive – training and education for
new faculty, staff and employees
• Train students who serve as advisors in
residential halls
• Training for student athletes and coaches
• Develop printed material
• Programs and events
Remedies and Enforcement
• Must have immediate steps to eliminate
the hostile environment
• Prevent recurrences
• Address effects
Interim Steps
• Help victim avoid contact with accused
• Allow students to change living or academic
arrangements
• Minimize burden on complainant
• Offer counseling, mental health services and
tell them of their right to file a complaint
with the police department
• Offer tutoring
• Withdrawal without penalty
• Medical support as needed
Avoiding Retaliation
• Be sure complainant knows that he/she
should notify police or investigative
authority if there is any form of retaliation
from anyone
Things to Remember
• Be approachable and listen respectfully
• Do not panic, you are not alone
• Draft a memo or note to yourself after the
conversation that caught your attention
– Continue to document all conversations with
student, faculty, or staff regarding relational
issues
Things to Remember, Cont.
Report incidents immediately
Do not just let it go
Try to stay neutral
You may direct the student to Title IX
Coordinator or the student conduct office
• Offer students the option to report
through Ethics Point or a similar
confidential system, if available
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Addressing Harassment or
Discrimination
• How will the issue come to you?
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I have a problem with ____
___ is bothering me
You know ____ is really a pain
____ will not leave me alone
I feel like ________ is always
staring/leering/making comments/lurking
• Prompt and appropriate response every time
Initial Questions to Ask
•Go back to incident and provide a full narrative of what
happened
•What do you recall, what happened next?
•How did you respond, how did you feel, how did you
react?
•Follow up where, when, how long, anyone else heard or saw?
•Did you talk to anyone after or write anything down?
•Do you have a dairy or day planner with notes?
•Did you keep an voicemail, texts, emails, pictures,
Facebook wall etc
•Have you reported this or discussed this with a anyone else?
•Any threats or promises based upon this interaction?
•What would you like t see happen as a result of this
investigation
•Anything else you would like to add?
•Any questions that I should ask that I did not?
How to Get the Message Out
• Going beyond the notice
• Workshops
– Sexual harassment, employment discrimination, diversity,
supervisor how to, graduate assistant awareness, disability
accommodation awareness.
• Revise your posters and provide table tents for
advisors
• Inclusion ambassadors program
– Review each protected category
• Helpful website with complaint process and policies
linked
• Meeting with department heads and deans before
complaints
• Developing relationships with stakeholders so you are
the resource
Thank you!
Questions?