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N.C.D.P.I Workshop for Title IX CoordinatorsRaleigh, NC: September 27, 2005

“Complaint Investigations and

Other Important Responsibilities”

Presented by:

US Department of Education Office for Civil Rights District of Columbia Office

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What is OCR?

• Part of the U.S. Department of Education, a federal agency

• Has a headquarters in Washington, DC + 12 regional offices across the country

• Enforces civil rights laws in school districts and colleges and universities that receive federal financial assistance

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How does OCR work with school districts?

• Resolves complaints

• Conducts proactive activities

• Provides technical assistance

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OCR Jurisdictions

Title IX of the Education Amendments of 1972 Title IX of the Education Amendments of 1972 (sex)(sex) Section 504 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 (disability)(disability) Title II of the Americans with Disabilities Act of 1990 Title II of the Americans with Disabilities Act of 1990

(disability)(disability) The Age Discrimination Act of 1975 The Age Discrimination Act of 1975 (age)(age) Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964

(race/color/national origin)(race/color/national origin) Boy Scouts of America Equal Access ActBoy Scouts of America Equal Access Act (prohibits (prohibits

denial of equal access or a fair opportunity to meet and denial of equal access or a fair opportunity to meet and other discrimination against any group affiliated with the other discrimination against any group affiliated with the Boy Scouts or Title 36 youth groups)Boy Scouts or Title 36 youth groups)

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Title IX Training

• Purpose: Overview of responsibilities under Title IX and how to investigate a Title IX complaint.

• Focus: Educational, including an opportunity for participants to share information.

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Title IX Statute

“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.”

Education Amendments of 1972, 20 U.S.C. § 1681 et seq.

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Title IX Regulations

• Different treatment based on sex prohibited in three main areas:

– Admissions and recruitment– Programs or activities– Employment

34 C.F.R. Part 106, subparts C, D, and E

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What’s not covered?

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Title IX applies to…

• Admissions • Recruitment• Financial aid• Academic programs• Student

treatment/services• Counseling and guidance• Course Offerings

• Discipline• Classroom assignment• Grading and Testing• Vocational education• Physical education• Athletics• Facilities/Housing• Employment

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Sexual harassment

• Unwelcome conduct of a sexual nature that denies or limits a student’s ability to participate in or receive benefits, services, or opportunities from the program

• Applies to– employee-on-student– student-on-student (peer)– third party

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Primary Responsibilitiesof Title IX Coordinators

• Oversee Title IX compliance efforts– Coordinate– Monitor– Evaluate

• Investigate or coordinate investigation

of complaints of sex discrimination

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Keys to Success

• In-depth knowledge of Title IX

• Thorough knowledge of Title IX grievance procedures

• Make yourself known

• Serve as resource, point of contact

• Assist others in complying

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Designate Title IX Coordinator34 C.F.R. § 106.8(a)

• At least 1 employee to coordinate efforts to comply with/carry out Title IX responsibilities.

• Coordinator may have responsibility for investigating complaints.

• Coordinator should have sufficient knowledge of Title IX to carry out responsibilities.

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Notify Students and Employees

34 C.F.R. § 106.8(a)

• LEA shall notify all its students (and their parents) and employees of: name or title, office address, and telephone number of Title IX Coordinator(s)

• Where: posted signs, student and employee handbooks, website, memoranda, local newspapers, bulletins/publications

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Nondiscrimination Policy 34 C.F.R. § 106.9(a)(1)

• Statement that LEA does not discriminate on basis of sex in its educational programs or activities and that Title IX requires that it not discriminate in such manner

• Extends to employment and admissions• Refers inquiries regarding application of

Title IX to Title IX Coordinator or to OCR

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Combined Statement/Notice

http://www.ed.gov/about/offices/list/ocr/docs/nondisc.html

• Can use one nondiscrimination statement to comply with notice requirements of Title IX & Section 504

• Combined notice should contain:– Statement that specifies the bases for

nondiscrimination– Identification by name or title, office

address, and telephone number of the employee(s) responsible for coordinating compliance efforts for each statute

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Prominent Inclusion34 C.F.R. § 106.9(b)

• Additional requirement to prominently include nondiscrimination statement in each announcement, bulletin, catalog, application form or other recruitment materials for students, parents, applicants for admission and employment, and employees 

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Complaint Procedures 34 C.F.R. 106.8(b)

• LEAs must adopt and publish procedures providing for prompt and equitable resolution of student and employee complaints alleging Title IX violations

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Prompt and Equitable

• Notice of procedures• Scope of procedures• Investigation• Timeframes• Notice of outcome• Assurance of prevention and correction• Prohibition of retaliation

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Dissemination of Procedures

“How to spread the word”34 C.F.R. 106.8(b)

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How to Investigate a Title IX Complaint

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OCR Procedures

• What constitutes a complaint? • How do we evaluate a complaint?• Is Early Complaint Resolution

appropriate?• How do we gather evidence?• What types of findings do we issue?• How do we handle problems? • How long does this process take?

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INVESTIGATIVE STRATEGIESFOR SCHOOL DISTRICTS

Investigator’s role is as independent fact finder

– Knowledgeable

– Neutral

– Culturally sensitive

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INVESTIGATIVE STRATEGIES, cont’d.

• Take all complaints seriously• Develop an investigative plan• Prompt and complete investigation of all

allegations:– Identify specific allegations– Identify all relevant facts– Analyze the information/assess credibility– Reach conclusions and document them

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INVESTIGATIVE STRATEGIES Keep Parties Informed

• Make sure parties understand the process

• Keep parties informed of status of investigation

• Inform parties and witnesses that school’s policy protects against retaliation

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INVESTIGATIVE STRATEGIES, cont’d.

• Assemble investigative file

• Keep timeline of the investigation

• Document all interviews

• Gather documents and identify source

• Visit the site of the incident

• Give each party opportunity to respond

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Office for Civil Rights (OCR)

U.S. Department of Education

District of Columbia OfficeP.O. Box 14620

Washington, DC 20044-4620Ph: 202-208-2545 TTY:202-208-

7741E-mail: OCR.DC@ed.gov

www.ed.gov/offices/OCRPresenters: Kristi Bleyer Johnson Shaline Kirkland

Betsy Trice