Page 29 - AASBO EDGE Winter 2023

SEXUAL HARASSMENT

BY JENNIFER CORRY
Title IX and Sexual Harassment in Schools

Jennifer Corry

Title IX of the federal Education Amendments 2. Unwelcome conduct, determined by a
of 1972 includes the following language: “No reasonable person to be so severe, pervasive,
person in the United States shall, on the basis of and objectively offensive that it effectively
sex, be excluded from participation in, be denied denies a person equal access to the school’s
the benefits of, or be subjected to discrimination education program or activity; or
under any education program or activity receiving
federal financial assistance.” Put more simply, 3. “Sexual assault” as defined in 20 U.S.C.
Title IX prohibits sex-based discrimination in 1092(f)(6)(A)(v), “dating violence”
education programs/activities that receive federal as defined in 34 U.S.C. 12291(a)(10),
funding. “domestic violence” as defined in 34 U.S.C.
12291(a)(8), or “stalking” as defined in 34
In August of 2020, far-reaching changes were U.S.C. 12291(a)(30).
made to Title IX. Given that these changes were
made during the height of the Covid pandemic, The concept of “actual knowledge” of sexual
some school districts and colleges may not have harassment is an important one for understanding
given full attention to the updated regulations. Title IX and an educational institution’s
With that in mind, this article provides an obligations in the face of sexual harassment
overview of a particular area of regulatory focus allegations. “Actual knowledge” means that
from the 2020 update: sexual harassment. a Title IX coordinator or other employee has
observed or received notice of one or more
For the first time, the 2020 regulations defined potential instances of sexual harassment.
the term “sexual harassment” and created a set When actual knowledge exists, the institution
of legally binding obligations regarding response must respond to the information promptly and
to sexual harassment allegations. The regulatory conscientiously.
definition is as follows:
This begins with the Title IX coordinator
Sexual harassment means conduct on the basis of reaching out to the complainant or alleged
sex that satisfies one or more of the following: victim to discuss the availability of supportive
measures. These measures may include
1. An employee of the [school] conditioning counseling, changes to class schedules, a safety
the provision of an aid, benefit, or service of escort, enhanced monitoring of certain areas
the recipient on an individual’s participation of campus, restrictions on contact between the
in unwelcome sexual conduct; parties, etc. The purpose of such measures is to

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