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Sexual Assault Title IX

Feeling Safe in Math Class: Building and Maintaining Safe Spaces to Learn

Imagine you are at school, walking to 2nd period, when someone from your math class walks past you and pats your backside. You quickly look back at them and they smile and blow you a kiss. You may feel violated and upset. Later, you are scrolling through social media when you notice the same person sent you a DM. Instinctually, you open it and quickly realize they sent you a nude pic. You might feel grossed out and even angrier. Now you don’t want to go to school, especially to math class because you feel awkward and scared having to sit next to this person. You shouldn’t have to sit next to them in math class, or share the same spaces and thanks to Title IX, you do not have to.

This year marks the 50th anniversary of Title IX, a federal civil rights law that prohibits sex-based discrimination in any school. Part of this law protects students and school staff in K-12 schools, colleges and universities against sexual harassment, sexual assaults and unwelcomed conduct. The goal is to build and maintain a safe place in which students can learn and school staff can work free of hostility, fear and stress. Schools are tasked to provide supportive measures for affected students, such as school-based orders of protection, increase supervision and monitoring of school “hot spots”, and/or alter class schedules and locations when warranted. In effort to support all parties, counseling is to be made available to the victim/survivor, the person perpetrating the misconduct, and bystanders. The bottom line is, students and staff should feel safe and supported at school. Lack of supportive measures can lead to absenteeism, anxiety, and academic decline.

Schools can go beyond Title IX directives, as long as they do not conflict with the existing law, by providing prevention and awareness programs that promote consent, emphasize boundaries, and endorse social norms that protect against violence. Additionally, utilize codes of conduct (and alike) to outline Title IX and district protections, rules and designations.

The law states that the sexual misconduct must affect a student’s educational opportunities, and be either severe or pervasive. Although Title IX mandates supportive measures for victims/survivors, it is important to address harassment before it becomes severe or persistent and respond to all allegations of sexual misconduct. School staff and anyone who observes or has knowledge of victimization can, and should, also report or file a complaint. In the example above, anyone in the school hallway who observed the misconduct could file a report.

Advocate for safety by taking time to learn about protections at your school and inquire about prevention and awareness programs available.

If victimized, contact your school administrator or counselor to identify the school or district’s Title IX coordinator to make a report. Remember, you are not alone, it is not your fault, and help is available.

About the Author

Michelle Sacks

Michelle Sacks is Director of Training at The Houston Area Women’s Center

Categories
Title IX

Your Right Under Title IXt: Pregnant and Parenting

Importance of not being discouraged out of education when pregnant and parenting?

Going through pregnancy and/or parenting is very hard work for anyone however it should never be the end of someone’s education and consequently their earning potential. According to the Center for Disease Control and Prevention, 2019 saw the lowest record of teen births at 16.7 per 1,000 females. While lower, disparities in teen birth rates are still two times higher in Hispanic and non-Hispanic Black teens than in non-Hispanic White teens. Only about 50% of teen mothers receive a high school diploma by the age of 22 compared to 90% of women who do not give birth during adolescence graduate high school. A high school diploma is the most fundamental stepping stone to provide for a family in our economy.

The majority of students in higher education or trade schools are in prime child bearing years and require equally the same support to reach their degree to better provide. According to The Pregnant Scholar, the average age of post doctorates reaching their first permanent position is nearing 40 years old. They report childbirth and parenting have been identified as the main reason young female scientists drop out of the academic pipeline before obtaining their first job. Their findings indicate women in sciences who marry with children are 35% less likely to enter a tenure track than men with children and 27% less likely to achieve tenure.
A Student becoming a parent can be a powerful motivator to become the best versions of themselves. When schools honor this motivation and harness it through strategic pregnant and parenting assistance, they will improve education outcomes which will benefit the community as a whole. Title IX allows us to supporting the endgame each parent deserves, the ability to graduate from their respective program to provide for their family and contribute to the economy.

Definitions/Applicable Laws
The federal laws protecting pregnancy and parenting are Title IX, American Disability Act (ADA), Civil Rights laws and possibly FMLA. Title IX implements regulations and bars discrimination on the basis of pregnancy and parental status. It creates requirements specifically to pregnant and parenting students, as well as employees. In addition, Title IX requires schools treat pregnancy and all related conditions like any other temporary disability. Next, ADA prohibits disability discrimination and requires an institution to make reasonable accommodations. While pregnancy itself is not a disability, many pregnancy-related impairments and complications may qualify. Then, local and state Civil Rights Laws apply when supporting everyone who is parenting because it prohibits discrimination on the basis of race, color, religion, sex or national origin. Lastly, students working on campus, the Pregnancy Discrimination Act (or Title VII) prohibits employment discrimination based on current, past, potential, intended pregnancy, and/or medical conditions related to pregnancy or childbirth. And the Family Medical Leave Act applies for working students to take leave.

Who is covered?
Title IX’s definition is someone who is or was pregnant which includes protections related to: pregnancy, childbirth, termination of pregnancy, false pregnancy and/or recovery of, specifically working with the individual with the medical condition. However, best practice policies regarding parenting should include all parenting, regardless of sex, be provided with the same leave or accommodation for taking a supporting role in the situation. Mother-only caretaking leave policies are prohibited because they treat students differently on the basis of sex. Policy should not differentiate between birth-mothers, birth-fathers, adoptive or other parents.

What is covered under Title IX?
Schools must:
Under Title IX a pregnant and parenting student is provided access to school and extracurricular activities. Within the classroom, this environment is free from harassing comments related to family status, negative statements, and assumptions regarding the pregnancy. Medically necessary leave related to pregnancy, birth or other related conditions are to be excused with the ability to make up exams, assignments and missed participation points regardless of missed class policy. During leave, schools need to treat the student’s leave as leave, anything due during leave is pushed back and they need the same amount of time as other students to complete the assignment. Accommodations also allow the ability to revisit schedules, meetings and group activities as needed. When the student returns, they are reinstated in the same program, at the same point of the program and same standing they left the program. If there are alternative program or school for the pregnant and parenting student those must be completely voluntary to the student to engage in. Regarding extracurricular activities, only the student and their doctor can decide if it’s appropriate for them to participate or continue to participate through pregnancy. Other example accommodations can be, seating assignments close to the door for bathroom use, closer parking spot, ability to sit instead of standing in lab, different desk type, access to a typist or note taker due to pregnancy related difficulties, access to an elevator, and extended breaks or exam time to accommodate nursing /pumping, bathroom use, or eating. The school has to provide the same special services as temporarily disabled students to pregnant and parenting students. For example, if distance/remote learning is available for disabled students then its available for pregnant and parenting students. Lastly, the student is not required to provide a note for anything unless it is required for all other disabled students. At no point does the doctor need to disclose personal medical information.

As your schooling is a valuable part of your journey and goals- ask yourself: What do you need to help complete what needs to get done?

About the Author

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Kalli Foster is a Resource Navigator in the Safe Office at Rice University