Get Your Students Hired
I learned that there is some leeway under Title IX as it relates to certain procedures. So, hearings and appeals, for example, are up to the individual schools to provide. There is no requirement for these things under Title IX. Ultimately, I've learned that there is a lot of work to be done by the Title IX Director and other appropriate parties to come up with policies for grievance procedures of this nature.
we are to encoruage but not force the victim to report the incident. we are not to promise to "keep a secret" regarding the incident and we are to help the victim with resources as needed.
Title IX coordinator must investigate even if the sxual abuse and assult occured on campus or off campus
The legal conseqences and the school consequences may differ. Someone who is accused of sexual harassment or sexual crimes may be found not guilty or there may be a decision made not to even prosecute, but the school still needs to fully investigate and can establish their own consequences based upon the results of the investigation. This is actually a good discussion to have in a classroom discussion of the operations of our justice system.
This portion of the training discussed the grievance procedures. The Title IX coordinator is responsible for investigating the grievance and then reporting it to the necessary authorities. Moreover, the Coordinator may need to conduct a hearing to determine if the student or employee should be removed from the institution. The most important thing during this prcoess is to be fair and equitable with all parties involved.
Vawa and Title IX seem to have different requirements and responsibilities for schools.
A school is required to take immediate action even if a victim did not report anything yet. The place of occurrence is not relevant; everything has to be addressed and reported accordingly.
Whether an incident occured on campus or not it still should be encouraged to report and in a timely manner. But understanding the diffrence in criminal investigation and Title Ix investigation for the filling.
The Title IX investigation the institution takes is unrelated to a criminal one. The school must act right away to begin its internal/private/independent investigation regardless of what other filings have been put in motion. If there is overlap, the school must comply, of course.
Credibility should be evaluated as objectively as possible and based on a variety of factors including, but not limited to, the person’s demeanor, motivation for or interest in the situation, level of detail provided or not provided, corroboration or contradiction of details through other witnesses or through physical evidence, inconsistency or consistency of past and current statements, and other factors.
It's important to recognize that the lack of consent is central to sexual harassment and violence. For example, not resisting sexual advancement from someone does not mean that consent is automatically given. Moreover, consent on one occasion also does not mean consent to the same behavior on a later occasion.
Its easier to make one-to-one time with students in a face-to-face class so students can approach instructor with an issue. I say, make available, one-to-one times to meet with students so they have the avenue to bring up issues with Title IX offenses.
I found it interesting as to how much flexibility that schools have in terms of grievance procedures and investigations.
I totally agree with checking into all aspects of investigating alligations cocncerning both parties. Providing the accuser the oppertunity to attain a safer atmospher during the process, while at the same time affording the accused equal preperation for defense.
Many instances of Titole IX may happen off campus or at other institutions and must be investigated, but not necessarily reported, according to the Cleary Act.