TITLE IX. JABSOM JABSOM Administrators Meeting Overview Education Amendments of 1972 Title IX, 20 U.S.C et seq.,

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1 TITLE IX JABSOM JABSOM Administrators Meeting Overview Education Amendments of 1972 Title IX, 20 U.S.C et seq., September 5, 2013

2 What is Title IX?

3 Title IX Background Information On June 1972 President Nixon signed into law - Title IX of the Education Amendments of 1972 Co-Authored by Patsy Mink (D-HI) Title IX of the Education Amendments of 1972 is a federal law prohibiting discrimination on the basis of sex in all education programs and activities operated by recipients of Federal funds Modeled by Congress - Title VI of the Civil Rights Act of 1964, prohibits discrimination on the basis of race, color, or national origin in programs or activities that receive federal funds; wording similar to ADA/Section 504 Prohibits Sex Discrimination in: Programs, employment, admissions, services (provided at an institution) and not just Athletics.

4 Title IX - JABSOM June 2011, Dear Colleague Letter (DCL offers guidance and serves as a wake up call to institutions to start complying) received from the OCR requesting extensive information and records from UHM to initiate the compliance review. This letter serves as notice that a site visit is forthcoming; external panel will come in to help UHM with their processes as needed; Chancellor Apple welcomes this assistance and visit. June 2013 OCR Requests from UHM an extensive list of information and records pursuant to Title IX Compliance Review June 2013 Dean Hedges, as part of the Chancellor s Leadership Team, was notified on the U.S. Department of Education s Office for Civil Rights (OCR) initiative to conduct a proactive review evaluating UHM s compliance with Title IX. Chancellor s first request for compliance data from Manoa units initiated; Responses due July 5, 2013 Compliance Review Focus: Handling of complaints of sexual assault and sexual harassment University s coordination efforts with local law enforcement University s work to adopt, publish and implement grievance procedures to provide prompt and equitable resolution of sexual violence/assault and harassment complaints University s effort to properly designate a Title IX Coordinator and provided notification of designation)

5 Title IX - JABSOM On July 5, 2013, JABSOM in response to Chancellor Apple s request for information and records pursuant to Title IX Compliance Review conducted by the U.S. Dept. Of Education Office for Civil Rights, submitted their responses to 21 questions. JABSOM s responses were based on existing processes, policies and procedures in place for our Medical Students and Graduate Medical Students related to: Sex Discrimination Sexual Harassment Sexual Assault

6 Title IX - JABSOM On August 14, 2013 Chancellor held a comprehensive training seminar on relevant Title IX topics JABSOM Attendees: Dr. Naleen Andrade and Coco Seymour Jennifer Rose, Gender Equity Specialist led the training Jennifer and Dr. Lori Ideta - Co-Chair Title IX Steering Committee Relevant Stakeholders also selected by Chancellor for the Review Process Training Presentation led by Ms. Beverly Baligad, JD & Title IX Expert Dir. of Student Compliance and Training/Student Title IX Coordinator, Lansing Community College (Lansing, Michigan) Chancellor Apple stated that the young people at UH entrust us to make sure they can pursue their educational goals without tainted issues.

7 Title IX - Training Key Points mentioned before the PP Presentation: Title IX Keeps Evolving; wording is Similar to ADA/Section Title IX has teeth and is forever changing Linked to Spending Law We will give you the money, but you must comply Basis for Title IX is Sex and Gender Just a note - pregnancy was recently added and even men who wear women s clothes If you are notified of a possible harassment situation or violent act as an example, you must report this to the proper authority timely and it is suggested you document what happened no matter what your role is JABSOM has requested for additional training on Title IX for faculty/staff and students Will coordinate the effort for a Kaka`ako training (includes UHCC) JABSOM has also asked to be included on the Title IX Steering Committee Two Things Must Be in Place for UH to be Responsible for any Title IX violation: 1. UH must have control or authority over the accused (Harasser or Environment) Ex. Student, Employee or Independent Contractor 2. UH must have control over the context Ex. Something happening in a research facility; employee being harassed while in the work environment or a person taking classes

8 Title IX - Training FIRST SECTION OVERVIEW: A. What is Title IX? - Overview of Title IX B. Current Title IX Landscaper - Legal Landscapes - Related to Sexual Harassment and Violence C. Title IX Coordinator D. Title IX Reporting Requirements and Infrastructure E. Documentation, Documentation, Documentation: Incident Reporting and Case Files

9 Title IX - Training SECOND SECTION OVERVIEW: A. Potential Liabilities Complaints = Potential Liabilities Threats of Law Suits, OCR Review, to Institutional Reputation and Loss of all Federal Funding B. The Title IX File All related documents held securely and confidentially by the Title IX Coordinator; may be needed for an OCR Review and or lawsuit C. Intersection of laws/processes Over caution with regard to one law, may result in a violation of another Includes: FERPA (applicable to students only; Equity in Athletics; Clery Act (prompt notification); Violence Against Women Act (VAWA); Civil Rights Act; ADA; Due Process; First Amendment and Title VII D. Good Practices Time to develop, review and revise processes; Train and Develop; Create Cadre of Investigators E. Case Studies

10 Title IX - JABSOM(Info. taken from training slides) Cases that helped shape Title IX: Cannon v. University of Chicago (1979); Medical School Does a plaintiff have a right to a private cause action Under Title IX Yes, it is judicially implied; courts treat similar to Title VI (Civil Rights Act) Franklin v. Gwinnett Public Schools (1991); H.S. Coach sexually harasses student Can an implied right of action under title IX result in monetary damages? Yes, however, there was no legislative guidance as to the limit on the damages if any Gebser v. Lago Vista (1998); Student consented to sexual relationship Can damages be recovered if the institution had no actual notice of the discrimination and is deliberately indifferent? No damages under Title IX unless school official who has authority to take corrective measures has actual notice and is deliberately indifferent (legal standard) Davis v. Monroe County Board of Education (1999); Female student sexually harassed by fellow student over extended period of time Can a student Board be held liable for student on student harassment? Yes, when school acts on deliberate indifference when reported and harassment is so severe the student is deprived to an education

11 Title IX - JABSOM (Info. taken from training slides) Government Entities Who Address Title IX: The U.S. Department of Education, Office of Civil Rights (Compliance; Resolves Issues/Complaints) The U.S. Department of Justice, Office of Civil Rights (Enforcement Civil Lawsuits in federal court; Recipients could lose Federal Funding) UH Title IX (Gender Equity) Coordinators Train & Make Decisions UH System and UH Manoa Mie Watanabe University of Hawai i EEO/AA Office 2442 Campus Road Administrative Services Building Honolulu, HI tel (voice/text) eeo@hawaii.edu web UH Manoa (Students) Lori Ideta Office of the Vice Chancellor for Students University of Hawai i at Manoa 2600 Campus Road Queen Lili uokalani Center for Student Services 409 Honolulu, HI tel (voice/text) ideta@hawaii.edu

12 Title IX - JABSOM Title IX is one of the great civil rights success stories in education. Secretary Arne Duncan, April 20, 2010