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: [email protected]
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: [email protected]
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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.