N.C.D.P.I Workshop for Title IX Coordinators

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N.C.D.P.I Workshop for Title IX
Coordinators Raleigh, NC September 27,
2005 Complaint Investigations and Other
Important Responsibilities
Presented by US Department of Education Office
for Civil Rights District of Columbia
Office
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What is OCR?
Part of the U.S. Department of Education, a
federal agency Has a headquarters in
Washington, DC 12 regional offices across the
country Enforces civil rights laws in school
districts and colleges and universities that
receive federal financial assistance
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How does OCR work with school districts?
Resolves complaints Conducts proactive
activities Provides technical assistance
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OCR Jurisdictions

• Title IX of the Education Amendments of 1972
  (sex)
• Section 504 of the Rehabilitation Act of 1973
  (disability)
• Title II of the Americans with Disabilities Act
  of 1990 (disability)
• The Age Discrimination Act of 1975 (age)
• Title VI of the Civil Rights Act of 1964
  (race/color/national origin)
• Boy Scouts of America Equal Access Act (prohibits
  denial of equal access or a fair opportunity to
  meet and other discrimination against any group
  affiliated with the Boy Scouts or Title 36 youth
  groups)

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Title IX Training
Purpose Overview of responsibilities under
Title IX and how to investigate a Title IX
complaint. Focus Educational, including an
opportunity for participants to share information.
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Title IX Statute

• 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 education program or
  activity receiving Federal financial assistance.
• Education Amendments of 1972, 20 U.S.C. 1681
  et seq.

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Title IX Regulations

• Different treatment based on sex prohibited in
  three main areas
• Admissions and recruitment
• Programs or activities
• Employment
• 34 C.F.R. Part 106, subparts C, D, and E

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Whats not covered?
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Title IX applies to

• Admissions
• Recruitment
• Financial aid
• Academic programs
• Student treatment/services
• Counseling and guidance
• Course Offerings

• Discipline
• Classroom assignment
• Grading and Testing
• Vocational education
• Physical education
• Athletics
• Facilities/Housing
• Employment

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Sexual harassment

• Unwelcome conduct of a sexual nature that denies
  or limits a students ability to participate in
  or receive benefits, services, or opportunities
  from the program
• Applies to
• employee-on-student
• student-on-student (peer)
• third party

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Primary Responsibilitiesof Title IX Coordinators

• Oversee Title IX compliance efforts
• Coordinate
• Monitor
• Evaluate
• Investigate or coordinate investigation
• of complaints of sex discrimination

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Keys to Success

• In-depth knowledge of Title IX
• Thorough knowledge of Title IX grievance
  procedures
• Make yourself known
• Serve as resource, point of contact
• Assist others in complying

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Designate Title IX Coordinator34 C.F.R.
106.8(a)

• At least 1 employee to coordinate efforts to
  comply with/carry out Title IX responsibilities.
  
• Coordinator may have responsibility for
  investigating complaints.
• Coordinator should have sufficient knowledge of
  Title IX to carry out responsibilities.

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Notify Students and Employees 34 C.F.R.
106.8(a)

• LEA shall notify all its students (and their
  parents) and employees of name or title, office
  address, and telephone number of Title IX
  Coordinator(s)
• Where posted signs, student and employee
  handbooks, website, memoranda, local newspapers,
  bulletins/publications

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Nondiscrimination Policy 34 C.F.R. 106.9(a)(1)

• Statement that LEA does not discriminate on basis
  of sex in its educational programs or activities
  and that Title IX requires that it not
  discriminate in such manner
• Extends to employment and admissions
• Refers inquiries regarding application of Title
  IX to Title IX Coordinator or to OCR

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Combined Statement/Noticehttp//www.ed.gov/about/
offices/list/ocr/docs/nondisc.html

• Can use one nondiscrimination statement to comply
  with notice requirements of Title IX Section
  504
• Combined notice should contain
• Statement that specifies the bases for
  nondiscrimination
• Identification by name or title, office address,
  and telephone number of the employee(s)
  responsible for coordinating compliance efforts
  for each statute

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Prominent Inclusion34 C.F.R. 106.9(b)

• Additional requirement to prominently include
  nondiscrimination statement in each announcement,
  bulletin, catalog, application form or other
  recruitment materials for students, parents,
  applicants for admission and employment, and
  employees 

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Complaint Procedures 34 C.F.R. 106.8(b)

• LEAs must adopt and publish procedures providing
  for prompt and equitable resolution of student
  and employee complaints alleging Title IX
  violations

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Prompt and Equitable

• Notice of procedures
• Scope of procedures
• Investigation
• Timeframes
• Notice of outcome
• Assurance of prevention and correction
• Prohibition of retaliation

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Dissemination of Procedures How to spread the
word
34 C.F.R. 106.8(b)
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How to Investigate a Title IX Complaint
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OCR Procedures

• What constitutes a complaint?
• How do we evaluate a complaint?
• Is Early Complaint Resolution appropriate?
• How do we gather evidence?
• What types of findings do we issue?
• How do we handle problems?
• How long does this process take?

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INVESTIGATIVE STRATEGIESFOR SCHOOL DISTRICTS

• Investigators role is as independent fact finder
• Knowledgeable
• Neutral
• Culturally sensitive

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INVESTIGATIVE STRATEGIES, contd.

• Take all complaints seriously
• Develop an investigative plan
• Prompt and complete investigation of all
  allegations
• Identify specific allegations
• Identify all relevant facts
• Analyze the information/assess credibility
• Reach conclusions and document them

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INVESTIGATIVE STRATEGIES Keep Parties Informed

• Make sure parties understand the process
• Keep parties informed of status of investigation
• Inform parties and witnesses that schools policy
  protects against retaliation

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INVESTIGATIVE STRATEGIES, contd.

• Assemble investigative file
• Keep timeline of the investigation
• Document all interviews
• Gather documents and identify source
• Visit the site of the incident
• Give each party opportunity to respond

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Office for Civil Rights (OCR)
U.S. Department of Education District of Columbia
Office P.O. Box 14620 Washington, DC
20044-4620 Ph 202-208-2545 TTY202-208-7741 E-mai
l OCR.DC_at_ed.gov www.ed.gov/offices/OCR
Presenters Kristi Bleyer Johnson
Shaline Kirkland Betsy Trice