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Re: Question about Title IX officer training requirements


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  • Subject: Re: Question about Title IX officer training requirements
  • Date: Mon, 13 Dec 2010 10:52:27 EST

Hi Lisa,
 
I saw your post previously, and my suggestion is to pose these questions to one of your campus' legal counsel who is knowledgeable in this area.  I'm not aware of other resources besides NCHERM for this sort of training, so I can only answer you as we would, IN ALL CAPS, BELOW:
 
Someone can of course be named the officer but if they know nothing of Title IX processes and requirements, then what? TRY TO AVOID THAT.  THIS IS A COMPLEX AND IMPORTANT ROLE, AND A COMPLETE NEOPHYTE WILL REALLY STRUGGLE WITH COMPLEX ATHLETIC EQUITY RULINGS AND SEXUAL HARASSMENT STANDARDS.
 
What is the standard or obligation on the part of the institution to make sure the officer is “fully trained” and what does “fully trained” even mean?  IT MEANS THAT THEY NEED TO BE KNOWLEDGEABLE ENOUGH TO OVERSEE TRAINING AND COMPLIANCE FOR ALL OTHERS WITHIN THE INSTITUTION.  THEY NEED TO UNDERSTAND THE POLICIES AND PRACTICES OF ATHLETICS EQUITY, THEY NEED TO KNOW HOW TO FORMULATE AND REFORM SEXUAL HARASSMENT POLICY, PROCUDURES AND PRACTICE, AS WELL AS SEXUAL ASSAULT, GENDER-BASED BULLYING, STALKING AND RELATIONSHIP VIOLENCE.  THEY NEED TO KNOW THE DIFFERENCES IN APPLICATION BETWEEN TITLE VII AND IX, AND HOW TO CREATE AND APPLY THE RIGHT POLICIES IN THE RIGHT SITUATIONS.  THEY NEED TO APPOINT AND TRAIN INVESTIGATORS, AND SEE TO THE TRAINING OF HEARING BOARDS, FACULTY COMMITTEES AND APPEALS OFFICERS.  THEY NEED TO SET UP ROUTES OF REPORTING OF GRIEVANCES, AND ESTALBISH MECHANISMS FOR THE PREVENTION OF AND RESPONSE TO RETALIATION, ETC. 
 
Are there multiple standards or one guiding standard for this? THERE REALLY ARE NONE.
 
Should they know the very basics only or are they required to understand it comprehensively. DEPENDS ON WHETHER YOU WANT THEM TO DO A GOOD JOB, OR A POOR ONE.
 
Regards,
Brett A. Sokolow
Brett A. Sokolow, J.D.
Attorney-At-Law



"Best Practices for Campus Health and Safety"

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NCHERM serves as counsel/advisor to 12 campuses, including:

Special Counsel to the Dean of Students, Dominican University (IL)
Special Counsel for Student Conduct Issues, Warren Wilson College
Special Advisor to the University of Texas, San Antonio
Special Counsel, Concordia University (TX)
Special Counsel, Northern Virginia Community College
Special Counsel, Southwestern Michigan College
Special Counsel, the Community College of Allegheny County
Special Advisor, Vassar College
Special Advisor, Henry Ford Community College


 
In a message dated 12/13/2010 10:31:46 A.M. Eastern Standard Time, writes:
on behalf of Lisa Ingarfield:

Dear colleagues,

We are in the process of reviewing Title IX requirements and ensuring that our 3 institution consortium is in compliance. Specifically, one of the questions that came up (beyond the Title IX officer knowing that they are indeed the Title IX officer, and their existence being advertised along with the process of filing a complaint) was the training requirements for those officers. Someone can of course be named the officer but if they know nothing of Title IX processes and requirements, then what? What is the standard or obligation on the part of the institution to make sure the officer is “fully trained” and what does “fully trained” even mean? Are there multiple standards or one guiding standard for this? Should they know the very basics only or are they required to understand it comprehensively. Any information you can send about legal/OCR/best practice requirements and what your institution does or provides for training would be extremely helpful.

Thanks in advance,

Lisa Ingarfield

******************************************************************************
Lisa Ingarfield
Associate Director, Interpersonal Violence Prevention
The Phoenix Center at Auraria
Tivoli Student Center, 227 (**Note new location!)
Campus Box 196
P.O. Box 173364
Denver, CO 80217-3364

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