Showing posts with label TITLE IX. Show all posts
Showing posts with label TITLE IX. Show all posts

Monday, November 11, 2013

EDUCATION DEPARTMENT REACHES AGREEMENT WITH CALIFORNIA SCHOOL DISTRICT OVER SEXUAL ASSAULTS AND HARASSMENT

FROM:  U.S. EDUCATION DEPARTMENT    
U.S. Department of Education Reaches Agreement with West Contra Costa Unified School District in California to Address & Prevent Sexual Assault, Harassment of Students
NOVEMBER 6, 2013

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into an agreement with the West Contra Costa Unified School District (district), in Richmond, Calif., to ensure compliance with Title IX of the Education Amendments of 1972 (Title IX). OCR proactively initiated the investigation to examine whether the district responded promptly and effectively to instances of sexual harassment and sexual violence.

OCR’s investigation revealed that sexually harassing, student-on-student behavior permeated the educational environment at school sites and that the district has not undertaken school-wide or district-wide initiatives sufficient to address it.

Evidence included verbal and physical conduct by students, including sexual assaults, unwelcome touching, demands for sexual favors, and the use of sexually derogatory language created a hostile environment at district schools. OCR also found that students had been subjected to sexual harassment by employees. In addition, the district was not in compliance with the procedural requirements of Title IX, which include adoption and publication of grievance procedures providing for prompt and equitable resolution of complaints of sex discrimination and designation of at least one employee to coordinate compliance with Title IX.

“I am dismayed by the prevalence of sexual harassment and assault occurring at elementary and secondary schools in West Contra Costa,” said Catherine E. Lhamon, assistant secretary for civil rights. “Although the district frequently reported known incidents of sexual assaults to law enforcement for prosecution, the district did not fully comply with its legal obligations under Title IX to take immediate actions to eliminate the harassment, prevent its recurrence, and address its effects, and to put proper procedures and protocols in place.  OCR stands ready to work with the district to help it realize its commitments to preventing sexual harassment and sexual violence in its schools through satisfaction of this agreement.”

The agreement, in part, commits the district to take the following actions:

Designate a Title IX coordinator and ensure that grievance procedures comply with Title IX requirements;

Hire a consultant with expertise in the area of sexual harassment prevention and training;

Revise its policies, procedures, and practices for preventing, promptly investigating, and remediating sexual harassment and sexual violence;
Develop guidance to help ensure the effectiveness of remedial actions and conduct annual assessments of the climate at district schools to evaluate the effectiveness of the actions being taken, the students’ attitudes, knowledge and experiences around sexual harassment, and to inform future proactive steps to ensure a safe environment for students;

Take interim measures to ensure the safety of victims, reporting students and the school community; and address any ongoing harassment and prevent retaliation;
Create a task force composed of parents, students, community members and representatives of community-based organizations to identify strategies to improve the school climate, and prevent sexual harassment and sexual violence;

Develop a comprehensive plan for educating students, parents and employees to ensure that they are aware of Title IX’s prohibition against sex discrimination, including the right to be protected from sexual harassment; how to recognize it when it occurs and how to report incidents. The plan will take into account the results of the climate assessments and recommendations of the task force;

Provide annual training to all district staff and school resource officers and age-appropriate instruction to students;

Increase supervision of students at school sites and at all school-sponsored after-school activities, whether held on campus or off campus;

Implement systems for tracking reports that may constitute sexual harassment, even when no formal complaints are filed, to ensure that incidents are promptly and impartially investigated and resolved; and assess the effectiveness of its efforts to prevent and address sexual harassment and sexual violence.

OCR will closely monitor the district’s implementation of the terms of the resolution agreement.

A copy of the resolution letter can be found here: http://www2.ed.gov/documents/press-releases/west-contra-costa-california-letter.doc

Sunday, May 6, 2012

DEPARTMENT OF EDUCATION AND BUTLER UNIVERSITY RESOLVE TITLE IX ATHLETICS COMPLIANCE REVIEW


FROM:  U.S. DEPARTMENT OF EDUCATION
U.S. Education Department Reaches Agreement with Butler University to Resolve Title IX Athletics Compliance Review
MAY 3, 2012
The U.S. Department of Education announced today that its Office for Civil Rights has entered into a resolution agreement with Butler University in Indianapolis to resolve a compliance review that was initiated at the university. The review examined whether the institution discriminates against female students by denying them an equal opportunity to participate in intercollegiate athletics and whether the university discriminates in awarding athletic scholarships.

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681, and its implementing regulation, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex. The university is a private, co-educational institution whose intercollegiate athletics teams compete in the National Collegiate Athletic Association’s Division I.

According to data provided by Butler, during the 2010-11 school year women made up 2,267, or 59.6 percent, of the university’s full-time undergraduate students.  But, the institution’s 164 female athletes comprised only 36.5 percent of its 449 athletes. Butler’s 285 male athletes represented 63.5 percent of its athletes. During the 2010-11 academic year, the university distributed more than $3.8 million in athletic scholarships to male and female athletes. Women received 53.4 percent of this amount and men 46.6 percent.

“The many benefits that students derive from participating in athletic competition are well-documented and extend far beyond the playing field,” said Russlynn Ali, assistant secretary for the Office for Civil Rights. “In this 40th anniversary year for Title IX, a case like this reminds us how critical this statute continues to be in ensuring equal opportunity for women in education. OCR is committed to ensuring that student athletes have equal access to those benefits, including equal opportunities to participate in sports and to be awarded scholarships based on their athletic abilities. Today’s announcement is an important step in OCR’s continued efforts to work with the nation’s institutions to accomplish this result.”

According to the agreement, by Sept. 1, the university has to demonstrate that it is accommodating effectively the interests and abilities of female students in order to provide them an equal opportunity to participate in sports or, if unable to demonstrate current compliance, submit a detailed plan to OCR to accommodate effectively the interests and abilities of female students in its athletics program over the next three academic years.  The plan must include a description of interim steps that the university will take during the 2012-2013 and 2013-2014 academic years to increase athletic participation opportunities for women.
With respect to scholarships, by Sept. 1, Butler must also demonstrate that during the 2011-2012 school year equal opportunities are being provided in awarding athletic scholarships to male and female athletes.  Or, if the university is unable to demonstrate this, it must submit a detailed plan to ensure that by the beginning of the 2014-2015 academic year, Butler is in full compliance with its Title IX obligation to provide athletic scholarships in a non-discriminatory manner.

The agreement makes clear that OCR does not require or encourage the elimination of any university athletic teams and that it is seeking action from the university that does not involve the elimination of athletic opportunities. The agreement also states that nothing in the agreement requires Butler to cut the amounts of athletic scholarships it offers to either sex, and that any such cuts are discouraged.

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