Texas – road sign

We all know how important it is for responsible employees in educational institutions to report up the chain when they learn of sexual misconduct against a student. But the stakes for noncompliance just grew in Texas, where lawmakers recently passed legislation allowing jail time in addition to institutional penalties for responsible employees who fail to report as required by law. It seems like a good reason for a refresher on the rules for responsible employees and some tips for how to foster compliance at your institution, don’t you think?
Continue Reading Jail Time for Responsible Employees Under Title IX? In Texas, Maybe

My calendar has been full these past weeks with administrator trainings on Title IX, and one of the issues repeatedly raised is how age and maturity impact the analysis of whether conduct is sexual in nature. A recent report from Maryland provides a good opportunity to discuss this issue. Whether you are a K-12 or higher education administrator, this case is an important reminder of how age and maturity level come into play in student-on-student sexual misconduct investigations.

In this recent situation from Maryland, a group of fourth-grade boys was playing tag with a group of students, during which one boy made inappropriate comments and movement toward a group of girls. One of the boys wrapped his arms around one of the girls, as well. After an investigation, one of the boys was charged with a fourth-degree sex offense and second-degree assault.

The Office for Civil Rights (OCR) 2001 sexual harassment guidance addresses the issue of age and maturity, stating clearly as a preliminary matter that “[s]chool personnel should consider the age and maturity of students in responding to allegations of sexual harassment.” (2001 Guidance at iii). Where might age and maturity come into play in a case like this recent one from Maryland?
Continue Reading What Title IX Administrators At All Levels Can Learn From Recent Sexual Assault Charges Against 10-Year-Old for Playground Tag Game

Readers of the blog know that I recently presented at the ATIXA West Coast Conference in San Francisco, California. My presentation was on Title IX and employee rights—an issue I realized when I worked at OCR that many institutions were not thinking about as much as they should. It was a great experience to share my thoughts on the subject with a room full of engaged Title IX and HR administrators from K-12 and higher education institutions. Among other topics, we discussed policy issues, tenure and academic freedom concerns, and unique retaliation issues in cases involving employees. I know not everyone was able to make it out to San Francisco, so I wanted to share some highlights of the presentation here. My colleague Emily Tulloch and I will also present a complimentary 30-minute webinar on this topic on December 10, during which we will address these issues more thoroughly. We hope you will join in on the conversation then! For now, keep reading for some of the key points.
Continue Reading Title IX and Employee Rights: What Every K-12 and Higher Ed Title IX Coordinator Needs to Know

We were all anxiously expecting Title IX regulations in September, and yet here we are on October 1 with no sign of new regs in sight. Whether you are a newly appointed Title IX Coordinator or investigator looking for a quick primer on Title IX and your school’s responsibilities, a seasoned administrator wondering what OCR’s position is now on handling requests to keep sexual harassment reports confidential, or just confused about what guidance documents are still in effect at OCR, there is no better time for a refresher on what laws and guidance matter now for OCR investigations on Title IX. Here is a quick summary on what you should know and where to find it.
Continue Reading So Much For Title IX Regs in September: A Quick Reference and Summary For the Meantime