Title IX
Examining Title IX Anti-Harassment Policies
“The Good, The Bad and The Ugly”
by Ralph Vaccari, Ed M
That’s how I tend to describe the current state of most school district policies to handle complaints of student to student and employee to student harassment. But, are educational systems (K-College) required by federal law to have a Title IX policy in writing and applicable to all employees and students? Yes. However, that’s where the policy requirements end and major
problems seem to begin.
Currently, the content and wording of a Title IX policy is left up to the individual district or institution, along with implementation, investigation, enforcement, notice, discipline, etc.. Only within the last two years has the Office for Civil Rights (OCR), the enforcement arm of the U.S. Department of Education, issued guidelines to schools in an effort to establish mutual understanding of a district’s legal responsibilities under Title IX and stress uniformity in drafting policies and procedures.
There are districts throughout the country that have responded well to the requirements of Title IX for many years. They are writing good policies, training staff, informing students and resolving complaints. However, they are in the minority. Unfortunately, there are too many districts with poorly written policies, lacking any trained staff, keeping students in the dark and suppressing severe forms of harassment. Sadly, many school districts still don’t have policies. Some that do, insert such complex legal jargon that the document is more of a threat than a help to those who need to it the most -- the students, parents and administrators. And of course, there are districts that have comprehensive policies and procedures in place yet fail to follow them when a harassment complaint is made.
It’s a somewhat discouraging picture at the moment. Change is coming about too slowly. Students remain in the dark with increased risk of victimization while school personnel stay uninformed, untrained, and unprepared to handle the complexities and consequences of harassment. Because inconsistencies and weaknesses are so common when it comes to actual written polices, it’s no surprise that a school district’s response to harassment may often follow a similar path.
Title IX policies shouldn’t be a school’s best kept secret, but until schools can point to their system-wide employee training program, student curricula that confronts harassment and encourages complaints, a staffed Title IX Coordinator position, and written policies and procedures, it will be.
Advice for Students and Parents
For students and parents, my advice is -- don’t wait for these long overdue actions to be implemented and don’t wait more than 48 hours for a return call from a school administrator before taking your concern to a higher level. Furthermore, don’t expect a school to have a comprehensive written policy nor trained staff to help you. Districts that quickly take on a defensive posture may be operating without a policy. However, if a school extends a helping hand, accept it and assume it’s being done in good faith by a trained employee following established procedure. In this case, give a school the chance to respond and resolve a complaint.
When I train school personnel, my goal is to have them remedy most complaints within 7-10 days. Severe forms of harassment such as teacher-to-student sexual abuse will require more time and typically involve more outside intervention. Still, if a policy is comprehensive, a school should take action promptly to assure a student’s safety, anonymity, emotional recovery, and educational needs. Keep in mind that while school districts need to follow a written policy on harassment, the student and/or parent is not boundby any procedure. If you’re dissatisfied with the district’s response, make a complaint to the Office for Civil Rights at the U.S. Department of Education. Also, complain to your own state’s department of education. To pursue further action against a school employee such as a teacher, seek out your state’s Standards and Practices/Teacher Licensing Commission. Contact your state representative, whose aides have access to all state agencies. Qualified attorneys can help take matters to higher levels of liability through civil tort actions. Victim assistance programs in your county’s district attorney’s office can help you sort out the options and impacts of bringing a criminal complaint. Seek their advice on how statutes of limitations can apply to a case.
In summary, most school districts are still attempting to meet the legal requirements of Title IX anti-harassment laws. Effective policies, once written, should encourage students and employees to confront harassers and make complaints. They should describe expected actions to be taken by a school and offer remedies to resolve most complaints. Victims of any form of harassment should use their school’s policy first to make a complaint, but realize that many other local, state, and federal personnel and agencies are capable of helping. You have every right to use them to step in when a school’s response to harassment falls short of their responsibilities under Title IX.
Ralph Vaccari is President of Vaccari & Associates, Inc. a consulting and training firm specializing in policy development, implementation and training on sexual harassment. The company is located in Marblehead, MA. He can be reached at tel./fax: (781) 639-0946 or through his company’s website: www.consultrainers.com
