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Title IX Education, Prevention
   and Proactive Measures
Agenda


            • Introduction
            • How the DCL addresses “proactive
              measures”
            • Education & Training
            • Preventive Education Programs



© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 2
Introduction
           “This letter supplements the 2001
           Guidance…(and) concludes by
           discussing the proactive efforts
           schools can take to prevent sexual
           harassment and violence, and by
           providing examples of remedies
           that schools and OCR may use to
           end such conduct, prevent its
           recurrence, and address its
           effects.” (Page 2, DCL)
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 3
Introduction
           “Combined with education and training
           programs, these measures can help ensure
           that all students and employees recognize
           the nature of sexual harassment and
           violence, and understand that the school will
           not tolerate such conduct…Training for
           administrators, teachers, staff, and students
           also can help ensure that they understand
           what types of conduct constitute sexual
           harassment or violence, can identify warning
           signals that may need attention, and know
           how to respond.” (Page 5 – 6, DCL)
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 4
Specific
                                            Requirements/Recommendations

• Training for administrators, teachers, staff, and
  students can help ensure they understand sexual
  harassment and violence; (Page 6, DCL)
• Title IX coordinators must have adequate training;
       (Page 7, DCL)

• Law enforcement unit employees should receive
  training; (Page 7, DCL)
• Those involved in implementing Title IX grievance
  procedures must have training or experience in
  handling complaints (Page 12, DCL)
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 5
Specific
                                            Requirements/Recommendations


• Recommends that institutions implement
  preventive education programs (Page 14, DCL)
• Make victim resources, including comprehensive
  victim services available (Page 14, DCL)
• Recommends that institutions develop specific
  sexual violence materials that include policies and
  resources for students, faculty, coaches, and
  administrators (Page 15, DCL)


© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 6
Title IX Training

• Title IX coordinators should receive training on the
  following:
     -      What constitutes sexual harassment, including
            sexual violence;
     -      Institution’s obligations to address allegations and its
            grievance procedures;
     -      How to conduct Title IX investigations; and,
     -      Link between alcohol and drugs and sexual
            harassment and violence
          Best practices to address the link

© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 7
Title IX Training
• Anyone involved in processing, investigating, or
  resolving complaints must have training or
  experience:
   - Institution’s obligations to address allegations;
   - What constitutes sexual harassment, including sexual
     violence;
   - The institution’s grievance procedures;
   - How to conduct Title IX investigations; and,
   - Link between alcohol and drugs and sexual harassment
     and violence
        Best practices to address the link

   -       Should include applicable confidentiality requirements.
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 8
Title IX Training


• In sexual violence cases, fact-
  finder and decision-maker should
  have adequate training or
  knowledge regarding sexual
  violence.                                (Page 12, DCL)




© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 9
Title IX Training

• Institution’s law enforcement unit and its
  employees should receive training:
     -      Title IX grievance procedures and any other
            procedures used for investigating reports of sexual
            violence.
 • Should also receive copies of the institution’s
   Title IX policies.




© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 10
Title IX Training


 • Employees who regularly interact with students
   (those likely to witness or receive reports of sexual
   harassment and violence) including teachers,
   school law enforcement unit employees, school
   administrators, school counselors, general
   counsels, health personnel, and resident advisors.

      - How to recognize and appropriately address
        allegations of sexual harassment or violence


© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 11
Title IX Training



 • Other employees should know how
   to recognize sexual harassment or
   violence, can identify warning
   signs, and know how to respond.
   (Page 6, DCL)

© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 12
Preventive Education

  “OCR recommends that all
  schools implement preventive
  education programs and make
  victim resources, including
  comprehensive victim services,
  available.” (Page 14 - 15, DCL)
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 13
Preventive Education
                                                  Programs
   • Include:
        - What constitutes sexual harassment and
          sexual violence;
        - Institution’s policies and disciplinary
          procedures;
        - Consequences of violating these policies;
        - Encouraging students to report incidents of
          sexual violence to the appropriate school and
          law enforcement authorities.
     Probably already do this, but not specifically
                          in a
                   Title IX context
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 14
Special Note About Disciplinary
                                         Procedures

  Examine your disciplinary policies to see if
  they potentially have a chilling effect on
  sexual violence reporting.
  “For example, OCR recommends that schools
  inform students that the schools’ primary concern
  is student safety, that any other rules violations
  will be addressed separately from the sexual
  violence allegation, and that use of alcohol or
  drugs never makes the victim at fault for sexual
  violence.” (Page 15, DCL)
                                                                      jjn
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 15
Sexual Violence Materials

  • Develop specific materials on sexual
    violence that include the schools’ policies,
    rules, and resources for students, faculty,
    coaches, and administrators.
  • Include this information in employee
    handbook and any handbooks that student
    athletes and members of student activity
    groups receive. (Page 15, DCL)

© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 16
Sexual Violence Materials
  • Materials should include:
       - Where and to whom students should go if they
         are victims of sexual violence.
       - What to do if they learn of an incident of sexual
         violence.
       - Contact information for counseling and victim
         services on and off campus
       - How to file a complaint
       - How to contact the institution’s Title IX
         coordinator
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 17
Sexual Violence Materials


      • Additional Note: Regularly assess
             student activities to ensure that practices
             and behavior of students do not violate
             the schools’ policies against sexual
             harassment and sexual violence. (Clubs,
             Greek organizations, etc.)



© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 18
• Possible remedy:          Policies and Procedures
    - Creating a committee of students and school officials to
      identify strategies for ensuring that students:
        Know the institution’s policies regarding sexual
         discrimination, including sexual harassment and
         violence;
        Recognize sex discrimination, harassment and
         violence;
        Understand how and to who to report incidents;
        Know the connection between AOD and sexual
         harassment or violence;
              Feel comfortable that officials will respond
                    appropriately
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                               19
Conclusion

    • Significant education, training and
      preventive programming
      requirements/recommendations in DCL
    • Don’t lose sight of them
    • A comprehensive, collaborative approach
      is the best solution to meeting these
      requirements

© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 20
Resources
• MargolisHealy Gender and Sexual Violence Resource
  Center http://www.margolis-
  healy.com/index.php/resources/gender_and_sexual_vi
  olence/
• American College Health Association
  http://www.acha.org/Topics/violence.cfm
• National Sexual Violence Resource Center
  http://www.nsvrc.org/
• Statewide Sexual Assaults Coalitions
• RAINN http://RAINN.org
• Security on Campus www.securityoncampus.org
© Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC
                                                                 21

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Title IX Education, Training & Proactive Measures HBCU 2012

  • 1. Title IX Education, Prevention and Proactive Measures
  • 2. Agenda • Introduction • How the DCL addresses “proactive measures” • Education & Training • Preventive Education Programs © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 2
  • 3. Introduction “This letter supplements the 2001 Guidance…(and) concludes by discussing the proactive efforts schools can take to prevent sexual harassment and violence, and by providing examples of remedies that schools and OCR may use to end such conduct, prevent its recurrence, and address its effects.” (Page 2, DCL) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 3
  • 4. Introduction “Combined with education and training programs, these measures can help ensure that all students and employees recognize the nature of sexual harassment and violence, and understand that the school will not tolerate such conduct…Training for administrators, teachers, staff, and students also can help ensure that they understand what types of conduct constitute sexual harassment or violence, can identify warning signals that may need attention, and know how to respond.” (Page 5 – 6, DCL) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 4
  • 5. Specific Requirements/Recommendations • Training for administrators, teachers, staff, and students can help ensure they understand sexual harassment and violence; (Page 6, DCL) • Title IX coordinators must have adequate training; (Page 7, DCL) • Law enforcement unit employees should receive training; (Page 7, DCL) • Those involved in implementing Title IX grievance procedures must have training or experience in handling complaints (Page 12, DCL) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 5
  • 6. Specific Requirements/Recommendations • Recommends that institutions implement preventive education programs (Page 14, DCL) • Make victim resources, including comprehensive victim services available (Page 14, DCL) • Recommends that institutions develop specific sexual violence materials that include policies and resources for students, faculty, coaches, and administrators (Page 15, DCL) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 6
  • 7. Title IX Training • Title IX coordinators should receive training on the following: - What constitutes sexual harassment, including sexual violence; - Institution’s obligations to address allegations and its grievance procedures; - How to conduct Title IX investigations; and, - Link between alcohol and drugs and sexual harassment and violence  Best practices to address the link © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 7
  • 8. Title IX Training • Anyone involved in processing, investigating, or resolving complaints must have training or experience: - Institution’s obligations to address allegations; - What constitutes sexual harassment, including sexual violence; - The institution’s grievance procedures; - How to conduct Title IX investigations; and, - Link between alcohol and drugs and sexual harassment and violence  Best practices to address the link - Should include applicable confidentiality requirements. © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 8
  • 9. Title IX Training • In sexual violence cases, fact- finder and decision-maker should have adequate training or knowledge regarding sexual violence. (Page 12, DCL) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 9
  • 10. Title IX Training • Institution’s law enforcement unit and its employees should receive training: - Title IX grievance procedures and any other procedures used for investigating reports of sexual violence. • Should also receive copies of the institution’s Title IX policies. © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 10
  • 11. Title IX Training • Employees who regularly interact with students (those likely to witness or receive reports of sexual harassment and violence) including teachers, school law enforcement unit employees, school administrators, school counselors, general counsels, health personnel, and resident advisors. - How to recognize and appropriately address allegations of sexual harassment or violence © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 11
  • 12. Title IX Training • Other employees should know how to recognize sexual harassment or violence, can identify warning signs, and know how to respond. (Page 6, DCL) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 12
  • 13. Preventive Education “OCR recommends that all schools implement preventive education programs and make victim resources, including comprehensive victim services, available.” (Page 14 - 15, DCL) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 13
  • 14. Preventive Education Programs • Include: - What constitutes sexual harassment and sexual violence; - Institution’s policies and disciplinary procedures; - Consequences of violating these policies; - Encouraging students to report incidents of sexual violence to the appropriate school and law enforcement authorities. Probably already do this, but not specifically in a Title IX context © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 14
  • 15. Special Note About Disciplinary Procedures Examine your disciplinary policies to see if they potentially have a chilling effect on sexual violence reporting. “For example, OCR recommends that schools inform students that the schools’ primary concern is student safety, that any other rules violations will be addressed separately from the sexual violence allegation, and that use of alcohol or drugs never makes the victim at fault for sexual violence.” (Page 15, DCL) jjn © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 15
  • 16. Sexual Violence Materials • Develop specific materials on sexual violence that include the schools’ policies, rules, and resources for students, faculty, coaches, and administrators. • Include this information in employee handbook and any handbooks that student athletes and members of student activity groups receive. (Page 15, DCL) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 16
  • 17. Sexual Violence Materials • Materials should include: - Where and to whom students should go if they are victims of sexual violence. - What to do if they learn of an incident of sexual violence. - Contact information for counseling and victim services on and off campus - How to file a complaint - How to contact the institution’s Title IX coordinator © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 17
  • 18. Sexual Violence Materials • Additional Note: Regularly assess student activities to ensure that practices and behavior of students do not violate the schools’ policies against sexual harassment and sexual violence. (Clubs, Greek organizations, etc.) © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 18
  • 19. • Possible remedy: Policies and Procedures - Creating a committee of students and school officials to identify strategies for ensuring that students:  Know the institution’s policies regarding sexual discrimination, including sexual harassment and violence;  Recognize sex discrimination, harassment and violence;  Understand how and to who to report incidents;  Know the connection between AOD and sexual harassment or violence;  Feel comfortable that officials will respond appropriately © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 19
  • 20. Conclusion • Significant education, training and preventive programming requirements/recommendations in DCL • Don’t lose sight of them • A comprehensive, collaborative approach is the best solution to meeting these requirements © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 20
  • 21. Resources • MargolisHealy Gender and Sexual Violence Resource Center http://www.margolis- healy.com/index.php/resources/gender_and_sexual_vi olence/ • American College Health Association http://www.acha.org/Topics/violence.cfm • National Sexual Violence Resource Center http://www.nsvrc.org/ • Statewide Sexual Assaults Coalitions • RAINN http://RAINN.org • Security on Campus www.securityoncampus.org © Margolis Healy & Associates, LLC; Dinse Knapp & McAndrew, PC 21