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National Womens Law Center CT State Department of Education, Bureau of Accountability & Improvement Title IX Coordinator Training

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2 Presenter Lara S. Kaufmann Senior Counsel National Women's Law Center 11 Dupont Circle, Suite 800 Washington, DC 20036 Phone (202) 588-5180 Fax (202) 588-5185 E-Mail: lkaufmann@nwlc.org www.nwlc.org

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3 Presenter Dr. William A. Howe State Title IX Coordinator/Civil Rights Compliance CT State Department of Education Bureau of Accountability & Improvement 165 Capitol Avenue, Room 221 Hartford, CT 06106 Phone: (860)713-6752 Fax: (860) 713-7023 email: william.howe@ct.gov

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4 Three Units 1.Legal Overview 2.Formal Responsibilities of Title IX Coordinators 3.Defining and Addressing Sexual Harassment

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Unit 1: Legal Overview

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6 Title IX Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) prohibits sex discrimination in education and in education employment. " 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."

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7 Other Relevant Federal Laws Prohibits employment discrimination based on race, color, religion, sex, or national origin. Protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. Prohibits discrimination on the basis of race, color, and national origin in federally funded programs and activities. Prohibits discrimination on the basis of disability in federally funded programs/activities.

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8 Connecticut Law Sec. 10-15c The public schools shall be open to all children five years of age and over... and each such child shall have, and shall be so advised by the appropriate school authorities, an equal opportunity to participate in the activities, programs and courses of study offered in such public schools... without discrimination on account of race, color, sex, religion, national origin, or sexual orientation.

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9 Connecticut Education Protected Classes race color religious creed sex age national origin ancestry marital status sexual orientation mental retardation physical disability or learning disability, or any other basis prohibited by Connecticut or federal law

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Rights of transgender students CHRO declaratory ruling DOJ intervention in Mohawk case Polis, Casey bills Harassment guidance Athletics

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Eligibility/Inclusion of Transgender Athletes New report by NCLR: On the Team. Includes policy recs, best practices. High school: All students are eligible to compete on teams consistent with their gender identity, regardless of whether has undertaken any medical treatment. Press notes that NFSHSAA members were included in discussions

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Transgender Athletes at Post- Secondary Level NCLR Report Oct. 2010: Should be eligible to participate on a team consistent with gender identity. To compete on a team opposite that of physically born gender, various requirements. NCAA: No policy yet; recommends classifying student athletes by their designation on state identification docs such as license or voter reg. Can get complicated.

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13 Why were these laws enacted?

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21 Who Is Protected by Title IX? Both men and women Both staff and students

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22 What Institutions Are Covered by Title IX? Follow the federal funding Covered institutions include local school districts, colleges and universities, charter and for-profit schools, as well as athletic associations. Educational programs offered by non- educational institutions that receive federal funds, such as libraries, prisons, and museums, are also covered.

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23 What Educational Activities Are Covered By Title IX? 1. 2. 3. 4. 5. 6. 7. 8. 9.

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24 What Is Discrimination On The Basis Of Sex? Includes pregnancy and related medical conditions Includes gender stereotyping but not sexual orientation

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25 Types of Discrimination ??? - Decisions to treat people differently because of their sex Does not require hostility or intent to harm; difference in treatment is enough Usually proved by circumstantial, not smoking gun evidence

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26 Examples Of Intentional Discrimination? 1. Guidance counselors consistently tell male students about opportunities to take engineering classes, but fail to mention those opportunities to female students. 2. Teachers consistently call on boys more than girls. 3. Recruitment materials feature only girls in child care classes. 4. A principal refuses to promote a woman to assistant principal because he believes she will soon get pregnant and leave.

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27 Types of Discrimination ??? - Practices that do not explicitly or intentionally target girls or boys but that nonetheless harm them. First question is whether significantly more members of one sex than the other are affected by the practice. If so, then burden shifts to policymaker to show that the practice is sufficiently related to the goal it is supposed to serve. If yes, then practice might still be illegal if there are alternative practices that would work and do not discriminate.

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28 Examples Of Disparate Impact Discrimination? 1. A school requires students to pass a weight lifting test before allowing them to enroll in an computer course, and more girls than boys fail the test. 2. An employer that is hiring construction laborers requires applicants to have a high school diploma, and boys tend to have somewhat higher dropout rates than girls. 3. A school refers students for internships based on psychological tests that measure ambition and drive, and girls have lower scores than boys on these criteria.

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29 Types of Discrimination ??? - adverse action taken against an individual because s/he protested discrimination. Supreme Court held in 2005 that individuals including teachers and coaches protesting discrimination against their students -- can sue under Title IX to challenge this.

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30 What Is Retaliation? Any form of adverse treatment, which for employees can include: Demotion or termination Reduction in pay Material change in job duties Harassment on the job Refusal to give positive job references

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31 What Is Retaliation? Any form of adverse treatment, which for students can include: Suspension or expulsion Reduction in grades Denial of permission to participate on teams, or change in position on team, amount of playing time, etc. Harassment in class or on field

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Recent Retaliation Case Atkinson v. Lafayette College (Pa. Sept. 9, 2009) Atkinson sued Lafayette in 2001 claiming that she was fired from her AD position in retaliation for raising Title IX concerns. District court held that Atkinson didnt engage in protected activity because all of her advocacy for gender equity was done in her capacity as Athletic Director. Court relied on S. Ct. 1 st Amendment case to say that protected activity is limited to that which is outside the employees normal role.

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33 Title IX: Athletics Three basic requirements: 1. Schools must offer male and female students equal opportunities to participate. 2. Schools must allocate athletic scholarship dollars equitably. 3. Schools must provide male and female athletes with equal benefits/services.

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