Title IX Education, Prevention   and Proactive Measures
Agenda            • Introduction            • How the DCL addresses “proactive              measures”            • Educati...
Introduction           “This letter supplements the 2001           Guidance…(and) concludes by           discussing the pr...
Introduction           “Combined with education and training           programs, these measures can help ensure           ...
Specific                                            Requirements/Recommendations• Training for administrators, teachers, s...
Specific                                            Requirements/Recommendations• Recommends that institutions implement  ...
Title IX Training• Title IX coordinators should receive training on the  following:     -      What constitutes sexual har...
Title IX Training• Anyone involved in processing, investigating, or  resolving complaints must have training or  experienc...
Title IX Training• In sexual violence cases, fact-  finder and decision-maker should  have adequate training or  knowledge...
Title IX Training• Institution’s law enforcement unit and its  employees should receive training:     -      Title IX grie...
Title IX Training • Employees who regularly interact with students   (those likely to witness or receive reports of sexual...
Title IX Training • Other employees should know how   to recognize sexual harassment or   violence, can identify warning  ...
Preventive Education  “OCR recommends that all  schools implement preventive  education programs and make  victim resource...
Preventive Education                                                  Programs   • Include:        - What constitutes sexu...
Special Note About Disciplinary                                         Procedures  Examine your disciplinary policies to ...
Sexual Violence Materials  • Develop specific materials on sexual    violence that include the schools’ policies,    rules...
Sexual Violence Materials  • Materials should include:       - Where and to whom students should go if they         are vi...
Sexual Violence Materials      • Additional Note: Regularly assess             student activities to ensure that practices...
• Possible remedy:          Policies and Procedures    - Creating a committee of students and school officials to      ide...
Conclusion    • Significant education, training and      preventive programming      requirements/recommendations in DCL  ...
Resources• MargolisHealy Gender and Sexual Violence Resource  Center http://www.margolis-  healy.com/index.php/resources/g...
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Title IX Education, Training & Proactive Measures HBCU 2012

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Overview of measures to be taken in regards to Title IX gender and sexual violence response compliance for institutions of higher education.

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Title IX Education, Training & Proactive Measures HBCU 2012

  1. 1. Title IX Education, Prevention and Proactive Measures
  2. 2. Agenda • Introduction • How the DCL addresses “proactive measures” • Education & Training • Preventive Education Programs© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 2
  3. 3. Introduction “This letter supplements the 2001 Guidance…(and) concludes by discussing the proactive efforts schools can take to prevent sexual harassment and violence, and by providing examples of remedies that schools and OCR may use to end such conduct, prevent its recurrence, and address its effects.” (Page 2, DCL)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 3
  4. 4. Introduction “Combined with education and training programs, these measures can help ensure that all students and employees recognize the nature of sexual harassment and violence, and understand that the school will not tolerate such conduct…Training for administrators, teachers, staff, and students also can help ensure that they understand what types of conduct constitute sexual harassment or violence, can identify warning signals that may need attention, and know how to respond.” (Page 5 – 6, DCL)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 4
  5. 5. Specific Requirements/Recommendations• Training for administrators, teachers, staff, and students can help ensure they understand sexual harassment and violence; (Page 6, DCL)• Title IX coordinators must have adequate training; (Page 7, DCL)• Law enforcement unit employees should receive training; (Page 7, DCL)• Those involved in implementing Title IX grievance procedures must have training or experience in handling complaints (Page 12, DCL)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 5
  6. 6. Specific Requirements/Recommendations• Recommends that institutions implement preventive education programs (Page 14, DCL)• Make victim resources, including comprehensive victim services available (Page 14, DCL)• Recommends that institutions develop specific sexual violence materials that include policies and resources for students, faculty, coaches, and administrators (Page 15, DCL)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 6
  7. 7. Title IX Training• Title IX coordinators should receive training on the following: - What constitutes sexual harassment, including sexual violence; - Institution’s obligations to address allegations and its grievance procedures; - How to conduct Title IX investigations; and, - Link between alcohol and drugs and sexual harassment and violence  Best practices to address the link© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 7
  8. 8. Title IX Training• Anyone involved in processing, investigating, or resolving complaints must have training or experience: - Institution’s obligations to address allegations; - What constitutes sexual harassment, including sexual violence; - The institution’s grievance procedures; - How to conduct Title IX investigations; and, - Link between alcohol and drugs and sexual harassment and violence  Best practices to address the link - Should include applicable confidentiality requirements.© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 8
  9. 9. Title IX Training• In sexual violence cases, fact- finder and decision-maker should have adequate training or knowledge regarding sexual violence. (Page 12, DCL)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 9
  10. 10. Title IX Training• Institution’s law enforcement unit and its employees should receive training: - Title IX grievance procedures and any other procedures used for investigating reports of sexual violence. • Should also receive copies of the institution’s Title IX policies.© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 10
  11. 11. Title IX Training • Employees who regularly interact with students (those likely to witness or receive reports of sexual harassment and violence) including teachers, school law enforcement unit employees, school administrators, school counselors, general counsels, health personnel, and resident advisors. - How to recognize and appropriately address allegations of sexual harassment or violence© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 11
  12. 12. Title IX Training • Other employees should know how to recognize sexual harassment or violence, can identify warning signs, and know how to respond. (Page 6, DCL)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 12
  13. 13. Preventive Education “OCR recommends that all schools implement preventive education programs and make victim resources, including comprehensive victim services, available.” (Page 14 - 15, DCL)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 13
  14. 14. Preventive Education Programs • Include: - What constitutes sexual harassment and sexual violence; - Institution’s policies and disciplinary procedures; - Consequences of violating these policies; - Encouraging students to report incidents of sexual violence to the appropriate school and law enforcement authorities. Probably already do this, but not specifically in a Title IX context© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 14
  15. 15. Special Note About Disciplinary Procedures Examine your disciplinary policies to see if they potentially have a chilling effect on sexual violence reporting. “For example, OCR recommends that schools inform students that the schools’ primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that use of alcohol or drugs never makes the victim at fault for sexual violence.” (Page 15, DCL) jjn© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 15
  16. 16. Sexual Violence Materials • Develop specific materials on sexual violence that include the schools’ policies, rules, and resources for students, faculty, coaches, and administrators. • Include this information in employee handbook and any handbooks that student athletes and members of student activity groups receive. (Page 15, DCL)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 16
  17. 17. Sexual Violence Materials • Materials should include: - Where and to whom students should go if they are victims of sexual violence. - What to do if they learn of an incident of sexual violence. - Contact information for counseling and victim services on and off campus - How to file a complaint - How to contact the institution’s Title IX coordinator© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 17
  18. 18. Sexual Violence Materials • Additional Note: Regularly assess student activities to ensure that practices and behavior of students do not violate the schools’ policies against sexual harassment and sexual violence. (Clubs, Greek organizations, etc.)© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 18
  19. 19. • Possible remedy: Policies and Procedures - Creating a committee of students and school officials to identify strategies for ensuring that students:  Know the institution’s policies regarding sexual discrimination, including sexual harassment and violence;  Recognize sex discrimination, harassment and violence;  Understand how and to who to report incidents;  Know the connection between AOD and sexual harassment or violence;  Feel comfortable that officials will respond appropriately© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 19
  20. 20. Conclusion • Significant education, training and preventive programming requirements/recommendations in DCL • Don’t lose sight of them • A comprehensive, collaborative approach is the best solution to meeting these requirements© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 20
  21. 21. Resources• MargolisHealy Gender and Sexual Violence Resource Center http://www.margolis- healy.com/index.php/resources/gender_and_sexual_vi olence/• American College Health Association http://www.acha.org/Topics/violence.cfm• National Sexual Violence Resource Center http://www.nsvrc.org/• Statewide Sexual Assaults Coalitions• RAINN http://RAINN.org• Security on Campus www.securityoncampus.org© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 21
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