Understanding Title IX Responsibilities for OT/OTA Faculty

1. title IX:Responsibilities for OT/OTA Faculty in the Classroom and Fieldwork Experiences Parrish S. Nicholls, J.D. Texas Woman’s University AOTA New Orleans April 2, 2019

2. Brief history of Title IX and it’s current status • Sexual Misconduct • Responsibility to Report • Accommodations for Pregnant and Parenting Students • Questions Topics covered

3. Not legal advice • Defer to your institution’s Title IX Coordinator/Policy • Sensitive topics • I overuse pictures Disclaimers

4. Title IX of the Ed. Amendments of 1972 • Plain reading prohibits “sex-based” discrimination in federally funded schools • Focus on femalestudents • Athletic and academic opportunities • Compliance overseen by US DOE’s OCR What is title IX, anyway?

5. Title IX protects both women and men • Protects staff and faculty • “Discrimination” includes acts of sexual assault/harassment, and gender-based discrimination. • Protections for pregnant and parenting students. Ocr and the courts have since clarified…

6. Includes elements of Title IX • Designated “Title IX Coordinator” • Sexual Assault/Sexual Harassment; gender-identity protections • Includes elements of VAWA/Clery • Requires trauma-informed training • Stalking, intimate partner violence, sexual exploitation • Should address Title VII of the Civil Rights Act of 1964 • Sex-based discrimination in employment A NOTE ON YOUR SCHOOLS’ “TITLE IX” POLICY

7. You may be a “Responsible Employee” – please check One single duty: • Responsible for reporting sexual misconduct to your Title IX Coordinator Your Responsibility to report

8. Do not: • Delay reporting; • Trivialize the report; • Conduct an inquiry; • Discuss the report with anyone. Your Responsibility to report (cont.)

9. Recently proposed title ix regulations

10. June 25, 2013 “Dear Colleague” letter and accompanying pamphlet. • Applies to K-12 and postsecondary institutions. • Developed to ensure pregnant/parenting (i.e. post-partum) students’ academic success. Pregnant and parenting students

11. Covers pregnancy and pregnancy related conditions: • Pregnancy • Childbirth (protections for male students too) • Miscarriage • Termination of pregnancy • Recovery for any of the above • Discrimination/Harassment based on any of the above What is covered?

12. “…a school must make adjustments to the regular program that are reasonable and responsive to the student’s temporary pregnancy status…” “…a school must excuse a student’s absences because of pregnancy or childbirth for as long as the student’s doctor deems the absences medically necessary.” “When a student returns to school, she must be allowed to return to the same academic and extracurricular status as before her medical leave began.” Your Responsibility to accommodate

13. Allow for a reasonable amount of extra time to turn in assignments/take exams. • Allow for alternative assignments. • Excuse absences • Allow for physical accommodations, such as a larger desk, frequent restroom breaks, or the use of elevators. “Reasonable and Responsive”

14. A pregnant student says she needs to sit close to the door (back of the class) due to frequent restroom breaks. The instructor refuses the request, since they require all students to sit as close to the front as possible. They believe this facilitates group discussion and allows the cohort to emotionally bond with each other. Scenario #1 – good call or bad call?

15. An assignment calls for students to write about the finer points of human neuroanatomy. A pregnant student requests an alternative assignment since any discussion of anatomy makes her nauseated. As an alternative, she proposes that she write an essay detailing why the university should offer free parking to graduate students. You refuse this request. Scenario #2 – good call or bad call?

16. Is the accommodation required because of pregnancy or pregnancy-related condition as ordered by their doctor? • A note on notes… • May only require if required for all other types of temporary disabilities. • Rule applies to returning to academics and extracurricular activities as well. • Do not question doctor’s judgment. You are not the student’s OB/GYN. “medically necessary”

17. Your institution requires any student with a temporary disability to provide a doctor’s note if they want excused absences. A student missed two weeks of class because she delivered her baby, but has not provided a note to support the timeframe missed. Does your university excuse the absences? Scenario #3 – What to do?

18. A student delivered her baby last semester. The baby is now 1 month old. She sends an email stating that she has to be out for a few days because the baby got sick. Do you have to excuse the absences under Title IX? Scenario #4 – what to do?

19. The student should essentially pick up where they left off. • Accomplished through the Incomplete Grade policy • Sometimes a Withdrawal is necessary • Non-Punitive grade of “W” • Full refund of tuition • Even if past the deadline for withdrawing “Same academic and extracurricular status”

20. Your institution has excused the absences of the student who delivered and was gone for two weeks. She requests that the assignments she missed be removed from the equation in regard to her grade, and wants to resume class at the current point in the syllabus. Scenario #5 – what to do?

21. Same ideas apply! • Has their doctor deemed it medically necessary? • Does a reasonable accommodation exist? • Will the student be able to resume at the same point in the program they left? That’s nice, but what about fieldwork?!

22. Questions?

23. Do your best (within reason) to accommodate students under Title IX. • It’s ok to tell the student that certain accommodations cannot be granted. • Work with your Title IX Coordinator/disability office AND the student. • Document, document, document your communications, efforts, and rationale. Remember…

24. Thank you!