Title IX, X Topics, XI Grievance Procedures

Transcription

1 Title IX, X Topics, XI Grievance Procedures Texas A&M University System Audit on Title IX related to Sexual Violence Danielle Carlson Brian Billington Objectives Why audit Title IX? Determine scope Results and best practices Q & A 1

2 Questions How many are in a system (have multiple campuses)? How many already performed a Title IX audit? How many plan to audit this area soon? How many just hope this will go away? Why Audit Title IX? Laws Money Dear Colleague Letter Students Lawsuits University System Policy Reputational Risks 2

3 Why Audit Title IX? Title IX of the Education Amendments of 1972 From: Why Audit Title IX? April 2011 US Department of Education (ED) Office for Civil Rights (OCR) Dear Colleague Letter to Universities and Colleges From: t/ocr/letters/colleague pdf 3

4 Why Audit Title IX? From: Why Audit Title IX? Penn State Officials at Penn State allegedly failed to notify law enforcement after learning about some of these incidents. The Statistics from the April 2011 Dear Colleague Letter A report prepared for the National Institute of Justice found that about 1 in 5 women are victims of completed or attempted sexual assault while in college. According to data collected under the Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act (Clery Act), 20 U.S.C. 1092(f), in 2009, college campuses reported nearly 3,300 forcible sex offenses as defined by the Clery Act. 4

5 Background Training Review of Title IX Compliance More training Round table FY15 audit plan Scope The A&M System is one of the largest systems of higher education in the nation, with a budget of $4.2 billion. Through a statewide network of 11 universities, seven state agencies, two service units and a comprehensive health science center, the A&M System educates more than 140,000 students and makes more than 22 million additional educational contacts through service and outreach programs each year. 5

6 Scope 1200 hours 4 team members System-wide (universities only) Visits to all campuses Scope Multiple Sources Title IX Regulations Dear Colleague Letters Violence Against Women Act Different Interpretations University Office of General Counsel (OGC) Dept of Ed/OCR 6

7 Scope What We Did Not Cover Detailed Grievance Processes Investigation Results Disciplinary Actions Climate Survey Other Title IX Equality Areas Athletics Academics Work Performed Initial Request for Information 7

8 Work Performed Traveled for 8 weeks 15 different institutions 12 cities outside of Bryan/College Station, TX Work Performed Interviewed over 100 people about X major topics 8

9 Work Performed X Topics Organization/Structure Title IX Training Prevention/Training to Campus Methods of Reporting Process After Complaint Received Investigations Coordination with UPD Adjudication Process Strengths/Challenges Assistance from Texas A&M System Offices Work Performed To ensure that students and employees have a clear understanding of what constitutes sexual violence, the potential consequences for such conduct, and how the recipient processes complaints, the recipient s Title IX grievance procedures should also include the following in writing: 1. a statement of the recipient s jurisdiction over Title IX complaints; 2. adequate definitions of sexual harassment (which includes sexual assault) and an explanation as to when such conduct creates a hostile environment; 3. reporting policies and protocols, including provisions for confidential reporting; 4. identification of the employee or employees responsible for evaluating requests for confidentiality; 5. notice that Title IX prohibits retaliation; 6. notice of a student s right to file a criminal complaint and a Title IX complaint simultaneously; 7. notice of available interim measures that may be taken to protect the student in the educational setting; 8. the evidentiary standard that must be used (preponderance of the evidence) in resolving a complaint; 9. notice of potential remedies for students; 10. notice of potential sanctions against perpetrators; and 11. sources of counseling, advocacy and support. XI Grievance Procedures From: 9

10 Results All campuses have taken steps to address DCL Implemented processes to respond to and resolve complaints of sexual violence Provided education and outreach Results 10

11 Results Results X Topics Organization/Structure Title IX Training Prevention/Training to Campus Methods of Reporting Process After Complaint Received Investigations Coordination with UPD Adjudication Process Strengths/Challenges Assistance from Texas A&M System Offices 11

12 Results To ensure that students and employees have a clear understanding of what constitutes sexual violence, the potential consequences for such conduct, and how the recipient processes complaints, the recipient s Title IX grievance procedures should also include the following in writing: 1. a statement of the recipient s jurisdiction over Title IX complaints; 2. adequate definitions of sexual harassment (which includes sexual assault) and an explanation as to when such conduct creates a hostile environment; 3. reporting policies and protocols, including provisions for confidential reporting; 4. identification of the employee or employees responsible for evaluating requests for confidentiality; 5. notice that Title IX prohibits retaliation; 6. notice of a student s right to file a criminal complaint and a Title IX complaint simultaneously; 7. notice of available interim measures that may be taken to protect the student in the educational setting; 8. the evidentiary standard that must be used (preponderance of the evidence) in resolving a complaint; 9. notice of potential remedies for students; 10. notice of potential sanctions against perpetrators; and 11. sources of counseling, advocacy and support. XI Grievance Procedures From: Title IX Investigations Standardization and Coordination of Grievance Processes Title IX Staffing Written Grievance Procedures Segregation of Duties Results Training Investigators Hire System Title IX Administrator Develop helpful tools Establish mechanisms for sharing Review staffing Finalize rules, procedures and processes Make the required elements easier to find Develop monitoring mechanisms Segregate functions of investigation and decision-making 12

13 Lessons Learned Personal interviews Questions for the auditors Criteria: moving target and not law Reporting Questions? Contact Information: Danielle Carlson Brian Billington 13