Student rights are to be enforced to be protected.
Laws are made to be inforced.
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.
Reply to Dr. Pamela Wooldridge's post:And every incident should be reported, too.
Title IX coordinator must investigate even if the sxual abuse and assult occured on campus or off campus
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.
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.
The contrast between Title IX and VAWA proceedings and Criminal proceedings is based on the amount and type of evidence collected. Criminal investigations require a preponderance of evidence to proceed to a hearing while Title IX simply requires a complaint and less rigourous proof of the aligation.
Title IX and criminal proceedings are separate. The complaintant may at first decline supportive resources, but can change their minds later on in the process.
Investigations and Disciplinary Procedures
According to OCR( Office of Civil Rights) the procedures should be easily understood, appication of procedures to complaint, impartial investigation, prompt time frame, take steps to prevent reoccurrence and have a live hearing when necessary .
The Title 9 Coordinator should work with the institution, review promptly, make sure all understand, coordinate grievances, maintain good record keeping and make sure it is accessible to English speaking and persons with disabilities.
The investigation should go to Title 9 Coordinator and not the clergy or school nurse.
It is encouraged that all offenses be reported to the police, however if a student or staff doesn't feel comfortable; all offenses whether they happened on or off campuses should be investigated.
This is very detailed and the investigation should be documented properly and coincide with what actually occured during the investigation and what is reported to the OCR.
communication and meetings are important to ensure that the facility has a proper understanding of Title IX
I'm thankful that there is a Title IX Coordinator who can be a resource in these scenarios to make sure investigations are being completed appropriately. There are definitely several rules and policies to be aware of, so having an expert during the process will help to decrease the risk of making any mistakes along the way and that could affect justice being served.
Complaints must be investigated.
How to work alongside other investigations
It is important for staff and faculty to reflect and help set the standard of respect for students to follow. When we lead by example, it sets a standard for students to follow. Also, by showing respect and maintaining the standard, students are more likely to feel comfortable and share any experiences that have made them uncomfortable. We are able to address these issues, making the environment more comfortable, and thus the cycle continues.
The institution is responsible for investigating even if criminal charges have been dropped.
Incidents should be investigated to ensure the safety of students.
Learning so much about how education institutions must immediately investigate allegations of a hostile situation, sexual harrassment, violent acts, on and off campus, including on-line if made aware.
