TITLE IX IN THE COMMUNITY COLLEGE SETTIG .

TITLE IX IN THE COMMUNITY COLLEGE

SETTIG

www.ncherm.orgwww.atixa.org

presented by Laura Bennett, M.S.Mozelle Orton, M.S.

Damone Richardson, M.S.

Saundra K. Schuster, J.D.

Title IX

© 2012 ATIXA all rights reserved

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“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 educational program or

activity receiving federal financial assistance.”

Title IX of the Education Amendments of 1972

Implementing Regulations at:20 U.S.C. § 1681 & 34 C.F.R. Part 106

Title IX

Title IX of the Education Amendments of 1972 is intended to end sex discrimination in all areas of education Applies to non-discrimination based on sex/

gender to all recipients of federal funds, both public and private institutions, residential and community colleges

Applies not only to issues of program equity, such as in athletics, but also to sexual harassment and sexual assault

Guidelines for compliance are provided by U.S. Department of Education, Office of Civil Rights:www2.ed.gov/about/offices/list/ocr/docs/

shguide.html


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Essential Title IX Compliance Elements

Once a school has notice of sexual harassment/sexual misconduct of a student, the school should:

1. Take immediate and appropriate steps to investigate what occurred

2. Take prompt and effective action to: End the harassment Remedy the effects Prevent the recurrence

The school must appoint a Title IX Officer to oversee all the compliance elements


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The IX Commandments

Thorough

Reliable Impartial

Prompt Effective

Equitable

End the Discrimination

Prevent its Recurrence

Remedy the effects upon the victim & community


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Investigation

Process

Remedies

Responsibilities of the Title IX Coordinator – “Quick List” –

Part 1 Contact for government inquiries Point person for campus complaints Creator and implementer of appropriate

policy Assurance of 1st Amendment

protections Prevention and remediation of

sex/gender discrimination Prevention and remediation of sexual

harassment Prevention and remediation of sexual

assault


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Responsibilities of the Title IX Coordinator – “Quick List”

Prevention and remediation of stalking Prevention and remediation of intimate

partner and relationship violence Prevention and remediation of bullying

and cyberbullying Oversight and coordination of prompt

and equitable grievance procedures


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Supervisor of the interaction of Title IX and VII coordinator and inter-relation

Coordinator of the interaction of multiple student and employee grievance processes

Supervisor of investigations Compliance auditor Trainer or convener of broad training

requirements for employees, boards, investigators and appeals officers


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Section 504 Disabilities Compliance Oversight

Oversight of athletics gender equity Assurance of equitable remedies for

discrimination Prevention and remediation of retaliation Prevention of recurrence and assurance

of compliance with sanctions Interaction with OCR investigations and

compliance with resolution agreements…


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Who is Your Title IX Coordinator?

How is their role identified? To whom do they report? Do they have staffing support? Do they have a direct line to the

President? What is their educational background? What are their other responsibilities (or

Title)? What types of training have they had

regarding Title IX?


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Unique Aspects of the Community College

Presence and role of legal counsel Staffing

Size Structure

Nature of the community Students Faculty Administrative & Support Staff

Athletic Programs in the Community College


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Challenges

On-line courses More opportunities for on-line harassment

Primarily adjunct faculty Reporting is a critical issue Generally student affairs staffing is

more limited Study abroad participation as part of a

consortium of schools


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Challenges Posed by Student Body

Nature of student body More transient Both traditionally aged as well as large

population of non-traditional Technology, training and workforce

development focused Types of Title IX based offenses

Often off-site Often result of intimate partner violence


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Community Attitudes and Training

Generally viewed Title IX as a “placeholder” for reporting

Many schools assumed lack of intercollegiate athletics precluded them from Title IX compliance

Nature of faculty and students create challenges for training

Lack of formal institutional orientation creates challenges


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Executive Involvement

CEO understanding of role of Title IX in the CC setting Support essential Micromanagement issues


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Challenges from Community

Upward Bound High school enrollment in classes Access for broader community to

campus resources Role of local law enforcement with

campus law enforcement or security Clinical placements, internships,

mentoring opportunities off campus creates challenges


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Thank you!

Questions?

For more information, visit: www.atixa.org

Or send questions to:[email protected]

http://www.atixa.org/

mailto:[email protected]

TITLE IX IN THE COMMUNITY COLLEGE SETTIG .

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