N.C.D.P.I Workshop for Title IX Coordinators Raleigh, NC: September 27, 2005 “Complaint Investigations and Other Impor

1. 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

2. 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

3. How does OCR work with school districts? • Resolves complaints • Conducts proactive activities • Provides technical assistance

4. 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)

5. 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.

6. 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.

7. 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

8. What’s not covered?

9. 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 Title IX applies to…

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

11. Primary Responsibilitiesof Title IX Coordinators • Oversee Title IX compliance efforts • Coordinate • Monitor • Evaluate • Investigate or coordinate investigation of complaints of sex discrimination

12. 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

13. Designate Title IX Coordinator34 C.F.R. § 106.8(a) • At least1 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.

14. Notify Students and Employees34 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

15. Nondiscrimination Policy34 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

16. 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

17. 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 

18. Complaint Procedures34 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

19. Prompt and Equitable • Notice of procedures • Scope of procedures • Investigation • Timeframes • Notice of outcome • Assurance of prevention and correction • Prohibition of retaliation

20. Dissemination of Procedures “How to spread the word” 34 C.F.R. 106.8(b)

21. How to Investigate a Title IX Complaint

22. 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?

23. INVESTIGATIVE STRATEGIESFOR SCHOOL DISTRICTS Investigator’s role is as independent fact finder • Knowledgeable • Neutral • Culturally sensitive

24. INVESTIGATIVE STRATEGIES, cont’d. • 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

25. INVESTIGATIVE STRATEGIES Keep Parties Informed • Make sure parties understand the process • Keep parties informed of status of investigation • Inform parties and witnesses that school’s policy protects against retaliation

26. INVESTIGATIVE STRATEGIES, cont’d. • 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

27. 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 TTY:202-208-7741 E-mail: OCR.DC@ed.gov www.ed.gov/offices/OCR Presenters: Kristi Bleyer Johnson Shaline Kirkland Betsy Trice