On October 23rd, 2014, we updated our
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Protects male and female students against sex discrimination.
Prohibits bullying by groups or individuals.
Gender-based harassment and/or sexual harassment constitute a hostile environment.
Assurance of compliance mandates.
In assessing sexually harassing conduct, schools must consider the following:
Does the conduct deny or limit the student’s ability to participate or benefit from the program based on sex?
If so, does the nature of the school’s responsibility address that conduct of the harasser and the context in which the harassment occurred?
“ Quid Pro Quo” harassment
*Note: A hostile environment can occur even if the harassment is not targeted specifically at the individual complaintant.
Statements by any witness to the alleged incident.
Evidence about the relative credibility of the allegedly harassed student and the alleged harasser.
Evidence that the alleged harasser has been found to have harassed others.
Evidence of the allegedly harassed student’s reaction or behavior after the alleged harassment.
Evidence about whether the student claiming harassment filed a complaint or took action to protest the conduct immediately after the occurrence.
Other contemporaneous evidence.
Sexual harassment of a student by a teacher can be discrimination in violation of Title IX.
The employer (teacher) is in violation of Title IX when he/she inappropriately use their position.
The teacher or employer is also responsible for the ending and recurrence of the harassment.
Ultimately, it is the school’s obligation to take immediate action on the case.
Schools and Universities are required by Title IX regulations to adopt and publish grievance procedures.
When students or parents file a complaint.
Schools should discuss confidentiality standards and concerns with the complainant initially.
Public school employees have certain due process rights under the United States Constitution. The Family Educational Rights and Privacy Action (FERPA) does not override federally protected due process rights.
Title IX was designed to protect students from sex discrimination.
In order to prevent or redress sexual misconduct on students by school employees, administrators must formulate, interpret, and apply Title IX regulations.