Title IX and Sexual Harassment

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Title IX and Sexual Harassment
Southern Cayuga Central Schools
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Title IX

• Protects students from sexual harassment in all
  of a schools activities or programs,
• Whether they take place in the facilities of the
  school,
• On a school bus,
• At a class or training program sponsored by the
  school at another location,
• Or elsewhere.

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Title IX

• Protects both male and female students from
  sexual harassment
• Regardless of who the harasser is.

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Sexual Harassment Can Take Two Forms

• Quid Pro Quo and
• Hostile Environment

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Quid Pro Quo Harassment

• Occurs when a school employee causes a student to
  believe that he or she must submit to unwelcome
  sexual conduct in order to participate in a
  school program or activity.
• It can also occur when an employee causes a
  student to believe that the employee will make an
  educational decision based on whether or not the
  student submits to unwelcome sexual conduct

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Example of Quid Pro Quo Harassment

• When a teacher threatens to fail a student unless
  the student agrees to date the teacher

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Hostile Environment Harassment

• Occurs when unwelcome sexual harassing conduct is
  so severe, persistent, or pervasive that it
  affects a students ability to participate in or
  benefit from an education program or activity,
  or
• Creates an intimidating, threatening or abusive
  educational environment.

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Hostile Environment

• Can be created by a school employee, another
  student or
• Even someone visiting the school, such as an
  employee or student from another school.
• Policy 3410 Anti-harassment in the School
  District.

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When does sexual conduct create a sexually
hostile environment?

• All relevant circumstances must be considered,
  including
• Nature of the conduct, frequency, duration, age
  and gender (students), number of harassers
• Whether the harasser was in a position of power,
  other incidents involving the same or other
  harassers.

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What are some examples of sexual conduct?

• Sexual advances, touching of a sexual nature,
  graffiti of a sexual nature, displaying or
  distributing sexually explicit drawings, pictures
  and written materials.
• Sexual gestures, sexual or dirty jokes,
  pressure for sexual favors, touching oneself
  sexually or talking about ones sexual activity
  in front of others, spreading rumors about or
  rating others as to sexual activity or
  performance.

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Sexual Harassment of Employees

• Although sexual harassment of employees also
  violates Title IX,
• It is most commonly addressed under Title VII.
• The same standards of quid pro quo and hostile
  environment apply.
• Unwelcome sexual conduct is the key in
  determining sexual harassment in the workplace.

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Must sexual conduct be unwelcome in order to be
sexual harassment?

• Yes. Conduct is unwelcome if the student or
  employee does not request or invite the conduct
  and
• Views it as offensive or undesirable.
• However, just because a student or employee does
  not immediately complain, does not mean that the
  sexual conduct was welcome.

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Regardless of Which Type of Harassment Occurs

• A school must take immediate and appropriate
  steps to stop it and prevent it from happening
  again.
• The judgment and common sense of teachers and
  administrators are important elements in any
  response.
• The school is responsible for taking all
  reasonable steps to ensure a safe learning and
  working environment.

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Under federal law,

• A school is required to have a policy against
  sexual discrimination and notify employees,
  students, and elementary and secondary school
  parents of the policy.
• Policy 6121 addresses Sexual Harassment of
  District Personnel.
• Policy 7551 addresses Sexual Harassment of
  Students.

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A policy against sex discrimination,

• Particularly one that addresses sexual
  harassment, is an extremely important method for
  preventing sexual harassment.
• Such a policy lets students, parents, and
  employees know that sexual harassment will not be
  tolerated.

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A school is also required to

• Adopt and publish grievance procedures for
  resolving sex discrimination complaints,
  including complaints of sexual harassment.
  (Policy 6122 Compaints and Grievances by
  Employees)
• Provide an effective means for promptly and
  appropriately responding to sexual harassment
  complaints.
• Have at least one employee responsible for
  coordinating efforts to comply with Title IX.

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Southern Cayuga Central School

• SCCS is in full compliance with all Title IX and
  Title VII legal requirements.
• Our SCCS Title IX Compliance Officer for
  employees is Martha Stevermer, Business
  Administrator
• The student compliance officer for 2009-10 is
  Lindsay Osborne.