TITLE IX
This Title IX information is provided as a potential cause of action when students experience harassment at school.
Title IX is enforcable anywhere in the United States.
In accordance with federal and state laws, the School Distric will not tolerate harassment against any staff member or student on the basis of gender, race, color, national origin, religion, age or disability. Harassment shall be defined as slurs, jokes, intimidation, or any verbal or physical aattack directed at an individual's gender, race, color, national origin, religion, age or disability. Any student or staff member who believes the district's staff, teachers, administrators, students or representatives have inadequately applied the principles of and/or regulations of Title VI of the Civil Rights act of 1964 (race, color, national origin), Title IX of the education amendment act of 1972 (sex/gender), and Section 504 of the Rehabilition Act of 1973 (disability) may bring forward a complaint.
Title IX is not for sexual harassment/discrimination based on sexual orientation but gender. It is when sexual harassment is of such a nature that it creates a hostile learning environment for the student. The reason for the harassment or discrimination is not the relevant point and it is currently best for any parent or student to not provide a reason or presumption of a reason in a complaint but to remain focused on the harassing and or discriminating behavior. Title IX DOES NOT cover single name calling of such terms as "faggot," gaywad," lesbo," and so forth but DOES cover any teasing or name calling that make reference to sexual activity or even the hingtin of such with gestures.
As a g reat example, a tenth grade male student in Los Angeles who repeatedly reported harassment by a group of bullies based on his perceived sexual orientation broke down crying in the office of the principal, and the vice-principal, also present told him to "toughen up and act like a man." Title IX is now being used more successfully as more and more parents and supportive educators are understanding how it can be used. The beauty of Title IX is that it makes no reference to a student's race, sexual orientation, gender identity and so forth. It is purely about not treating students differently based on their gender and not allowing sexual harassment. Most GLBT students reprot that once the single name-calling has begun it is just weeks or days before the harassment takes on a sexual tone.
It is always important for any parent and student to be informed of their school districts complaint process and follow it with written documentation. All school districts are required by federal law to have a sexual harassment/discrimination policy and a Title IX coordinator. Any Title IX complaints need to be first submitted to the district's Title IX coordinator. If the situation is not resolved quickly then the next step is to make a written complaint ot COR (Office of Civil Rights of the Department of Education) . This division has regional offices where the complain must be sent and DOE can provide where your regional office is located.
In Jackson contact.....
Title IX also requires there be no retaliation of any kind. A student can file a complaint without the parents but students need to know that the parents will be consulted by the federal investigator assigned. School districts cannot release the name of any student filing a complaint to anyone.
At miniumum it would be helpful for any family and/or student filing such a complaint with OCR to inform their local PFLAG chapter. This will be a difficult time and support/advocacy can make a huge difference.
School districts found to be in violation of Title IX for any student and who refuse to make the required changes will lose all federal funding. This is far more money than can be taken in a civil lawsuit and is not covered byu any school insurance policies as lawsuits are. As far as we know there is no school district that could remain open if they lost federal monies.
For more information about Titl IX or if you feel the need to explore other legal alternatives to sexual harassment please contact PFLAG at 517.750.3045.
Lambda Legal Defense & Education Fund and the Gay Lesbian, STraight Education Network (GLSEN) have produced a publication entitled, "A guide to Effective Statewide Law/Policies; Preventing Discrimination Against LGBT Students in K-12 Schools." For more information, log onto www.lambdalegal.org
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