Updated Title IX Information - Final Rule
On May 6, 2020, the U.S. Department of Education, Office for Civil Rights (“OCR”) released its Final Rule, which amends existing Title IX regulations. This is the Department’s first action of its kind in decades. The Final Rule, which encompasses both the amended regulations and accompanying commentary, exceed 2,000 pages, and takes effect on August 14, 2020. The regulations bring sweeping changes to how educational institutions address, investigate, and adjudicate allegations of sexual harassment occurring within their programs and activities. These changes include jurisdictional changes based on the definition of sexual harassment and of educational programs and activities in the Final Rule. The amended regulations require significant revisions to existing policies and administrative guidelines, and necessitate staff training prior to the start of the 2020-2021 school year.
Ludington Area Schools is in the process of developing updated policies and administrative guidelines that comply with the Final Rule. The policies of the Board of Education can be found at the following website:
The new regulations focus on sexual harassment as a subset of sex based discrimination, they apply to staff to staff, staff to student, student to staff, and student to student sexual harassment. Major changes in the new regulations include:
- New definition of sexual harassment;
- Mandated reporting obligations for all K-12 staff;
- Elimination of the single investigator model; Investigator, decision maker, and appeals officer must be different individuals;
- Significant changes to the investigation process;
- Seven (7) year record retention requirement;
- New policy, training, and documentation requirements; and
- Emphasis on due process and constitutional protections, as examples.
The Final Rule can be found at the following link below:
Title IX Coordinator Information
The Board of Education designates the following individual to serve as the District’s Civil Rights and Title IX Coordinator:
Mr. Randy Fountain
Title IX and Civil Rights Coordinator
809 E. Tinkham Ave.
Ludington, MI 49431
Phone: (231) 845-7303
Email: rfountain@lasd.net
The following employees have also completed the requisite comprehensive training Title IX training required to serve as a coordinator, investigator, decision maker, or appeals officer:
Mrs. Katie Eisinger
Principal
809 E. Tinkham Ave.
Ludington, MI 49431
Phone: (231) 845-7303
Email: keisinger@lasd.net
Dr. Kyle B. Corlett
Superintendent
809 E. Tinkham Ave.
Ludington, MI 49431
Phone: (231) 845-7303
Email: kcorlett@lasd.net
The names, titles, and contact information of these individuals are published annually in multiple sources of District communication.
Title IX Training Information
The amended regulations provide requisite training that must include the following:
- The new definition of sexual harassment.
- The scope of the district’s educational program or activities for jurisdiction.
- How to consistently apply sexual harassment definitions.
- How to investigate a formal complaint.
- The grievance process, including hearings, appeals, and informal resolutions.
- How individuals can impartially serve as an investigator, decision maker or appeal decision maker to avoid prejudgment of facts at issue, conflicts of interest, and bias issues.
- How to use available technology to conduct a live hearing.
- Investigator and Decision Makers must be trained on appropriate evidence and questions related to the complainant’s sexual predisposition or prior sexual behavior and that sexual history irrelevant in K-12 context.
- Investigators must be trained to prepare an Investigative Report that fairly summarizes relevant evidence.
- Training materials must be made available on the district’s website and for public review.
- Training materials must be kept for a period of 7 years; districts may need to update their public records retention schedules.
- All K-12 employees should be trained due to the heightened notice requirements applicable to all district employees.
The following are training resources that are required of District employees:
- Title IX Sexual Harassment Comprehensive Training - Copyright Thrun Law Firm, P.C.
- Posted with permission for training documentation purposes. This document may not be reproduced or redistributed, in whole or in part, without the express written permission of Thrun Law Firm, P.C.
- SET SEG / Vector Solutions / SafeSchools: Title IX Full Course Compliance Training
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This course is designed to provide school staff with an overview of Title IX regulations to ensure that the District is in compliance. Topics covered include: the role of legal precedent, regulatory and subregulatory guidance related to Title IX; relevant terminology used in Title IX guidance; and guidelines that the District must follow to remain in compliance with the law.
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- SET SEG / Vector Solutions / SafeSchools: Diversity Awareness (Staff to Student)
- SET SEG / Vector Solutions / SafeSchools: Diversity Awareness (Staff to Staff)
- These courses are designed to provide school staff with adversity awareness training. Topics covered include: defining diversity, identifying behaviors - both intentional and unintentional - that can discriminate or contribute to a hostile learning environment, examining communication strategies that will enable staff members to comply with federal, state, and districts statutes and policies, and exploring positive reinforcing behaviors that show respect and appreciation for students and staff who are different than you.
- SET SEG / Vector Solutions / SafeSchools: Discrimination Awareness in the Workplace
- This course is designed to instill staff with a basic awareness and understanding of discrimination. This will help employees and the District in avoiding discriminatory behaviors, as well as in building a culture that reflects acceptance and respect for all. This course covers the definition of discrimination and harassment, how to avoid discrimination and harassment, and doing your part to promote a discrimination-free environment.
- SET SEG / Vector Solutions / SafeSchools: Sexual Harassment: Policy and Prevention
- This course will review sexual harassment in the workplace, handling sexual harassment complaints, remedies for sexual harassment victims, and sexual harassment policy considerations.
- SET SEG / Vector Solutions / SafeSchools: Bullying: Recognition and Response
- This course provides users with a better understanding of bullying behavior, as well as their obligations to help prevent bullying. Topics covered include bullying basics, identifying bullying behavior, how bullying works and effective ways to address the problem.
- Office for Civil Rights: Webinar on New Title IX Protections Against Sexual Assault
- On July 7, 2020, all employees were directed to view the webinar on new Title IX protections against sexual assault, as released by the Office for Civil Rights. This information was also shared with all Board of Education members.
Additional Training Information:
- Investigator Training - Copyright Thrun Law Firm, P.C.
- Posted with permission for training documentation purposes. This document may not be reproduced or redistributed, in whole or in part, without the express written permission of Thrun Law Firm, P.C.
- Title IX Sexual Harassment Comprehensive Training
- Posted with permission for training documentation purposes. This document may not be reproduced or redistributed, in whole or in part, without the express written permission of Thrun Law Firm, P.C.
- Title IX Sexual Harassment Coordinator Training
- Posted with permission for training documentation purposes. This document may not be reproduced or redistributed, in whole or in part, without the express written permission of Thrun Law Firm, P.C.