Changes to Title IX enforcement regulations could take place over the summer applicable to charter schools. President Biden directed the Department of Education to review the new Title IX regulations, but the Trump Administration New Rule on Title IX is still in effect.
You will need to address three essential topics in your Title IX trainings for coordinators, investigators, decision-makers, and staff under the New Rule:
1. Conflict of Interest
Before the 2020 New Rule, Title IX Coordinators could not report to conflicting offices, the General Counsel, for example, because their interest in avoiding liability for the institution would influence their guidance at the expense of supporting students. The New Rule emphasizes the more obvious conflicts arising in a Title IX investigation. For example, a person who is a current or previous instructor of a complaining or responding student may be prevented from serving on a hearing panel because it creates a conflict of interest.
Address both the reporting and previous association areas of conflict in your training. To properly serve the community, staff needs to understand that the Title IX office is without conflict. They have a duty to raise such conflicts when they serve as a decision-maker. Students themselves may raise potential conflicts, and to preserve impartiality in the process, an employee can be removed from a hearing role.
"Focus on potential conflicts and bias in a Title IX investigation."
2. Avoiding Bias
The New Rule requires avoiding both explicit and implicit bias in the Title IX process. Training should address this concern, which can confront some sensitive areas for training participants. Using the implicit bias indicator, a free service from Harvard University’s Project Implicit (https://implicit.harvard.edu/implicit/takeatest.html) trainees may identify and understand their own biases that could impact their decisions in a Title IX matter.
3. Avoiding Stereotypes
Title IX training must not reinforce stereotypes. Stereotypes could include preconceptions about complainants (i.e., any victim who reports must be believed) and respondents (i.e., anyone accused must be responsible). People who express these feelings should not be involved with Title IX decision-making. Remember that anyone, regardless of sex, orientation or identity can potentially be a sexual harassment victim or perpetrator. In training, focus on ridding stereotypes about individuals bringing harassment complaints as well as those whom complaints are brought. Avoid illustrations using hetero-normative examples only.
For more on Title IX compliance, check out the webinar recording we held with Megan Ferrell, Title IX Consultant here.
