October 07, 2022 | Blog, Discipline, Students, Title IX
Don’t be Spooked by Title IX Complaints
Taylor Garner / Dr. Debbie Cano
October brings Fall weather, changing leaves, and a bit of chaos on the student discipline front. Homecoming festivities and other school-sponsored events may trigger an uptick in allegations of student-on-student sexual misconduct. When a school employee receives notice of a potential Title IX issue, the District must respond with immediate and swift action so as not to be considered deliberately indifferent.
Leasor Crass recommends the following steps when analyzing a possible complaint of sexual harassment. In emergency situations, the law allows the District to remove a student accused of sexual assault or harassment if the student poses an “immediate threat to the physical health or safety of the complainant.” After evaluating the necessity of emergency removal, the District should consider making an immediate report to CPS. According to Texas law, anyone who has a reasonable cause to believe a child is being abused, neglected, or exploited must report it to CPS. This step is crucial in ensuring District personnel are not penalized for failing to adhere to mandated reporter laws. Depending on the circumstances, the District may also need to notify law enforcement.
Throughout the Title IX process, the District should implement supportive measures to ensure that students feel safe and have equal access to educational programs and activities. Supportive measures may include speaking to a school counselor or a schedule change. Under Title IX regulations, no disciplinary or punitive sanctions can be imposed until after there is a determination of responsibility by the decision maker as part of the required grievance procedure.
The attorneys at Leasor Crass, P.C. recognize the complexity and time-sensitive nature of these complaints. In addition to training school personnel to identify and investigate potential Title IX claims, we are available to assist the District with any of the following processes:
- Evaluating an initial complaint
- Implementing supportive measures
- Procedural steps to investigating a formal complaint
