Title IX New Requirements - K12

Title IX New
Requirements

✔ What is Title IX and What has changed?
                 ✔ What is sexual harassment ?
                 ✔ Notification Requirements
                 ✔ Title IX Coordinator
Learning Goals   ✔ Policies, Investigating, Reporting, and
                 Grievances
                 ✔ Supportive Measures

What is Title IX?

Title IX is a comprehensive federal law (1972) that prohibits discrimination based on
sex in any federally funded education program or activity. Prior to new regulations,
“sexual harassment” as a form of sex discrimination was never addressed.

New Tile IX regulations take effect August 14, 2020:
 • Defines Sexual Harassment as unlawful discrimination
• Requires schools to reinforce specific policies and investigation (grievance)
  procedures
• Requires the school to offer survivors supportive measures
• Significant Training Requirements

Title IX Definition of Sexual Harassment

Title IX Now Defines Sexual Harassment as unlawful discrimination
   •   Includes sexual assault, domestic violence, dating violence, and stalking
        • Sexual harassment is conduct that:
            1) Is sexual in nature; A school employee conditioning education benefits on
            participation in unwelcome sexual conduct (i.e., quid pro quo);
            2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive,
            and objectively offensive that it effectively denies or limits a student’s ability to access
            and/or participate in or benefit from a school’s educational program or activity;
            3) “Sexual assault,” “dating violence,” “domestic violence,” or “stalking” as those
            terms are defined under other Federal laws called the Clery Act and the Violence
            Against Women Act.

Notification Requirements

As of August 14th, The school must post Title IX Coordinator’s
contact information on all the school’s websites.
Title IX Coordinators:
For Student & Family Support;
Jennifer Clark, Guidance Counselor
Phone: (207) 613-8900 x 2003
Email: jeclark@mainevirtual.org

Point of Contact for School Staff;

Jillian Dearborn, HR Manager
Phone: (207) 613-8900 x 2016
Email: jdearborn@mainevirtual.org

Title IX Coordinator Responsibilities

• Responsible to understand Title IX requirements and training staff, including how to immediately
  report complaints
• Must receive training on Title IX (Title IX Coordinators, Investigators, and School Staff)
        • Definition of Sexual harassment
        • Scope of the school’s education program or activity
        • How to prevent irreverent questions about a victim’s sexual history during an investigation
        • How to investigate and hearing process
        • Be an impartial and unbiased decision maker
• Must be responsive to Title IX complaints 24 hours a day by phone, mail, or email
• Must post Title IX Training on school website

Reporting a complaint

                  • In person, by mail, by telephone, by electronic email, complaint form or
                    by any other means that results in the Title IX Coordinator and/or any
                    school employee receiving the person’s verbal or written reports
                  • Persons may make a complaint by following the process set forth in
                    the School Handbook’s “Where to go with Questions and Concerns”
                    Policy. Informal complaint processes are available. Persons who do
                    not believe their issue has been resolved, may complete the
Policies,           Grievance Form in Appendix A and submit it to the Title IX
                    Coordinator.
Investigation &   • Once a formal complaint is submitted to the school, the school MUST
                    conduct a formal investigation to the complaint
Reporting         • Schools cannot pressure an individual to or not to file a formal
                    compliant

                  Response Requirements

                  •   All communication must be done within a reasonable timeline
                  •   Provide Supportive Measures
                  •   Provide details on the right to file a complaint and;
                  •   How to file a complaint

Policies, Investigation & Grievance Procedures

   • Standard of Evidence
      • Schools must select a “Standard of evidence” in making their determination of
        responsibility. Schools must be consistent across all formal complaints.
   • Grievance Procedures
      Procedures should include:
      • Treat parties equitably, Objective Evaluation of Evidence, Description of Range of
        Outcomes, Which standards of evidence will be used, Right to Appeal, Range of
        Supportive Measures, Privileges & Training.
      • Must include in the written grievance procedures the range of supportive measures
        offered by the school

Supportive Measures

Supportive measures are free, individualized services designed to restore or
preserve equal access to education, protect safety, or deter sexual
harassment
   • Examples could include:
       • Counseling; Extensions of deadlines; Modifications of work or class
         schedules; and Mutual restrictions on contact between individuals

• US Department of Education. (2020). U.S. Department
                     of Education Title IX Final Rule Overview.
                     https://www2.ed.gov/about/offices/list/ocr/docs/titleix-
                     overview.pdf
                   • US Department of Education. (2020b, May 8). OCR
                     Webinar: Title IX Regulations Addressing Sexual
Learn More about     Harassment. [Video]. YouTube.
Title IX             https://www.youtube.com/watch?v=TdfT5R8ibm4&fea
                     ture=youtu.be
                    MEVA utilizes a comprehensive Title IX Coordinator
                    training provided by Vector Solutions, in the Safe
                    Schools training platform.
                    https://www.safeschools.com/courses/title-ix-
                    compliance-overview/