Title IX Education, Training & Proactive Measures HBCU 2012

Title IX Education, Prevention
and Proactive Measures

Agenda

• Introduction
• How the DCL addresses “proactive
measures”
• Education & Training
• Preventive Education Programs

© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
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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)
3

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)
4

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)
5

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)

6

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

7

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.
8

Title IX Training

• In sexual violence cases, fact-
finder and decision-maker should
have adequate training or
knowledge regarding sexual
violence. (Page 12, DCL)

9

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.

10

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

11

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)

12

Preventive Education

“OCR recommends that all
schools implement preventive
education programs and make
victim resources, including
comprehensive victim services,
available.” (Page 14 - 15, DCL)
13

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
14

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
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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)

16

• 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
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• 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.)

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• 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
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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

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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
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