Title ix employee rights
Consistent with all applicable federal and Ohio laws with respect to equal employment opportunity and nondiscrimination by recipients of federal financial assistance, the policy of the Board is to make employment decisions on the basis of qualifications without regard to race, color, religion, gender, national origin, age, ancestry, or disability and to maintain school programs that do not exclude participation in or discriminate against participants on legally proscribed grounds. The Board is committed, consistent with law, to the affirmative recruitment of minorities within the ranks of professional and nonprofessional staff when underutilization of minorities occurs. The Superintendent is responsible for informing recruitment sources of this policy and for monitoring and assuring the appropriate implementation of this policy. This assurance is in consideration of and for the purpose of obtaining federal grants, loans, contracts except contracts of insurance or guaranty , property, discounts, or other federal financial assistance to education programs or activities from the Department of Education. The Board agrees that compliance with this Assurance constitutes a condition of continued receipt of Federal financial assistance, and that it is binding upon the Board, its successors, transferees, and assignees for the period during which such assistance is provided.
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What is Title IX?
Title IX is a federal civil rights law passed as part of the Education Amendments of This law protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:. Title IX applies to any institution receiving federal financial assistance from the Department of Education, including state and local educational agencies.
Educational programs and activities that receive federal funds from the Department of Education must operate in a nondiscriminatory manner. This includes serving as investigator, scheduling and overseeing mediation and formal Title IX complaint processes, monitoring outcomes, identifying and addressing any patterns and assessing effects of Title IX related complaints on the campus climate.
Investigator - Investigates and helps ensure timely resolution of assigned reports of sex discrimination, sexual misconduct, sexual harassment, domestic violence, dating violence, and stalking involving members of the University community. Decision-Maker - The decision-maker who cannot be the same person as the Title IX Coordinator or the investigator must issue a written determination regarding whether the alleged conduct occurred, rationale for the result as to each allegation and any disciplinary sanction imposed on the accused.
Appeals Officer - Considers appeals requests narrowly, specific to the relevant criterial for an appeal. University Title IX officials will have annual training on sexual misconduct issues and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability. Training topics for these officials include relevant evidence and how it should be used during a proceeding, proper techniques for questioning witnesses, trauma informed interviewing and response, basic rules including review of the University's procedures, and avoiding actual or perceived conflicts of interest and bias.
Trainings will be published on the University website. These procedures are implemented whenever a formal sexual misconduct complaint is made by a current student or employee. Complaint resolution is initiated once a written formal complaint is filed with the Title IX Coordinator.
The complaint form can be submitted electronically, in-person or by U. Once a complaint is made, the Title IX Coordinator will commence the investigatory process as soon as practicable, but not later than seven 7 business days after the complaint is made. Students have the right to choose between a formal process or informal mediation. Both options are described below. In the event a sexual misconduct complaint is made, the complainant and accused may agree to an informal mediation process.
The Title IX Coordinator will mediate by bringing both parties together for a meeting. The guidelines are see flowchart in appendix :. In the event a sexual misconduct complaint is made in which the complainant and accused do not agree on informal mediation, the Title IX Coordinator will oversee and coordinate the formal Title IX complaint process as follows:.
During the course of the formal Title IX Complaint process described above, both the complainant and the accused are entitled to a prompt, fair and impartial process. Due process protections to ensure reliable outcomes include:. Following a final determination that sexual misconduct has been committed and the evidence meets the Clear and Convincing standard, the institution may impose a sanction depending on the mitigating and aggravating circumstances involved.
If a suspension is imposed on a student, it may be for a full semester or an entire academic year. An employee may be suspended for any length of time determined appropriate by the University Administration in consultation with Human Resources. Following a suspension, the individual will be required to meet with the Dean of Students if student or Director of Human Resources if employee to discuss re-entry and expectations going forward.
In addition, the University can make available to the victim a range of protective measures. They include, but are not limited to: forbidding the accused from communicating with the victim, security escorts, modifications to clinical or class schedules, and changes in on campus working situations.
The University will complete any publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifiable information about victims of sexual misconduct who make reports of such to the University to the extent permitted by law.
Department of Education Amended Title IX Regulations
To report an incident of Sexual Misconduct, please click below. Anyone who has made a report or complaint, provided information, assisted, participated or refused to participate in any investigation or resolution under applicable Board or institution policy shall not be subjected to retaliation. Anyone who believes they have been subjected to retaliation should immediately contact the appropriate department or individual s for that institution. Students, Faculty, and Staff who believe they have been a victim of sexual misconduct may file a written or verbal report to Kimberly Carter, Title IX Coordinator, at Responsible employees are defined as all faculty, staff excluding confidential and privileged resources and all resident assistants, student employees, and graduate assistants, unless specifically designated as a confidential or privileged employee. Staff working in these areas are not considered responsible employees for purposes of Title IX and do not have an obligation to report incidents of sex or gender discrimination or sexual misconduct unless requested by the individual. Obligations for reporting child abuse however, may exist under state law.
Does Title VII preempt a Title IX claim by an employee alleging employment discrimination?
Final regulations from the U. The final regulations were released on May 19, Implementation of the final regulations will present many challenges. This special report discusses some of the more significant changes and challenges in implementation for postsecondary institutions. There are some distinctions for K schools. The DOE has explained the final regulations are intended to bring consistency between the jurisprudence on Title IX and the administrative enforcement of the law. The final regulations limit the range of conduct that requires institutional action under Title IX, impose a number of new procedural requirements, and unequivocally establish that requirements apply equally to employees and students. The final regulations apply to students and employees and the required grievance procedures apply regardless of whether either party — complainant or respondent — is a student or employee. However, the final regulations make clear that Title IX applies to employees for purposes of administrative enforcement by DOE. Therefore, institutions will need to update not only their Title IX policies, but also their employment-related policies to incorporate the requirements in the final regulations.
Title IX Sexual Harassment
Title IX of the Education Amendments of prohibits sex discrimination by recipients of federal education funding. While Title IX does protect employees, such as coaches or professors, it also protects students and other persons participating in educational programs receiving Federal funds. Due to its broad scope and regulatory scheme , and the fact that many universities and schools receive some Federal financial assistance, Title IX is a powerful law that affords sweeping protections against sex discrimination in any part of the operations of covered educational institutions. Pursuant to the Civil Rights Restoration Act of , this language, and therefore the scope of Title IX, is to be interpreted broadly.
New Title IX Regulations – Key Changes and New Employer Obligations
Title IX was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions. Title IX benefits both males and females, and is at the heart of efforts to create gender equitable schools. Under this law, males and females are expected to receive fair and equal treatment in all arenas of public schooling: recruitment, admissions, educational programs and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual harassment, and athletics. Individuals experiencing harassment in a federally funded school, university, or college, should first follow the grievance procedures established by the school. Any school employee you speak to about the harassment is obligated by law to report the behavior, so be careful about who you talk to, and when. Allowing others to speak for you won't always make things better, it can actually cause the problem to escalate, and allow other people's agendas to enter into, and complicate, the issue.
Title IX for Employees
By reporting, you are not only ensuring that the University is able to properly respond, but more importantly, you are ensuring that the individual who may have experienced sexual misconduct is connected with those on campus trained to assist them, offer support, and address the safety of the individual and others within our University community. Fresno State does not discriminate on the basis of sex, gender, gender identity, or sexual orientation in its employment practices, or in the education programs and activities it conducts in accordance with the Title IX of the Education Amendments of , as well as Title VI and Title VII of the Civil Rights Act of The University does not tolerate— and prohibits under CSU Executive Order the sexual discrimination of anyone on its campus and within the jurisdiction of the University by an employee. The California State University Executive Order requires faculty, staff, and student employees to complete training regarding CSU policies against Sexual Discrimination, Sexual Harassment, Sexual Misconduct, Dating and Domestic violence, and Stalking, and to make victim resources available, including comprehensive victim services. Two courses are assigned to employees to assist in meeting the requirements of the Executive Order:. To be completed annually.
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The U. Title IX is the landmark federal law that prohibits discrimination based on sex in education programs and activities that receive federal funds. In , the Trump administration issued regulations dictating how school districts must respond to complaints of sexual harassment. Several key points include:. The amendments remain in effect while the department conducts a comprehensive review of Title IX regulations due to an executive order signed by President Biden.
Programs that receive Federal funds cannot distinguish among individuals on the basis of race, color or national origin, either directly or indirectly, in the types, quantity, quality or timeliness of program services, aids or benefits that they provide or the manner in which they provide them. This prohibition applies to intentional discrimination as well as to procedures, criteria or methods of administration that appear neutral but have a discriminatory effect on individuals because of their race, color, or national origin. Title VI prohibits discrimination on the basis of race, color or national origin under any program or activity receiving federal financial assistance. Title VII prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. Title IX of the Educational Amendments of states that 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 program or activity receiving federal financial assistance. Sex discrimination under Title IX includes sexual harassment and sexual violence. Sexual Harassment is defined as conduct on the basis of sex that satisfies one or more of the following:.
Our client was sexually assaulted by a male student acquaintance. We became involved to support our client in getting proper medical treatment, preserving and collecting evidence and witness testimony, and securing therapeutic support. We helped her understand and navigate the many complex options available to her, including a criminal complaint, an informal complaint process, a formal complaint process, or doing nothing. We guided her through the informal process and then the formal process, including interviews with various school and law enforcement officials, and worked closely with the school to put in place appropriate accommodations ensuring that all interviews and hearings did not retraumatize her.
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