Title IX Violations in Rhode Island: What College Employees Need to Know
Rhode Island college and university employees accused of Title IX violations face one of the most strenuous, stressful situations in their careers. Title IX infractions managed by a school’s policy garner more rigorous procedures than research misconduct or failure to meet contractual obligations because of its supervision by the federal government through an institution’s funding streams. Schools are obliged to act quickly and punish harshly; therefore, if you’re a college employee accused of Title IX misconduct in Rhode Island, it is fundamental that you take the matter seriously.
Title IX: In-Depth
Congress passed Title IX legislation in 1972 prohibiting sex and gender-based discrimination in any education program or activity receiving federal funding. The civil rights law remains the primary method by which institutions of higher education discipline sexual misconduct allegations. The law prohibits various activities including bullying, coercion, dating/domestic violence, false reports of Title IX violations, hazing, stalking, and sexual assault, discrimination, and exploitation.
While Title IX’s federal purview applies to K-12 schools, colleges and universities fall within its jurisdiction too. What many may not realize is that the law also applies to violations that happen outside schools’ premises (though but with a connection), such as boater safety courses sponsored by county parks and recreation departments receiving funds from the U.S Coast Guard or local sports teams managed by county parks.
Title IX Restructuring
Title IX hearing procedures are structured to provide both the complainant and respondent with a platform where they can defend themselves against false accusations while ensuring their side of the story is heard. However, Trump-era enforcement guidelines like in-person formal hearings may undergo modification under new Biden Administration rules. Official reporting channels cross-examination may also see modifications.
Furthermore, under new Department of Justice updated language on Title IX fully enforces civil rights laws designed to prevent gender identity or sexual orientation discrimination.
Rhode Island College Employees Reporting Obligations
Colleges and universities in Rhode Island, like their counterparts elsewhere, have mandatory reporting requirements for most employees under Title IX. Schools may designate some faculty, staff, and student employees as official “responsible employees” resources under the Clery Act. Reporting obligations vary by school; thus, such information is typically available in employee/faculty handbooks or the student code of conduct.
That said, confidential reporters play a crucial role in handling Title IX reports. They include university counselors, pastors, and student health providers vested with authority to take any corrective action or report allegations to the school’s Title IX Coordinator.
Rhode Island Colleges and Universities Responsible Employees include all deans, department heads/faculty, staff with supervisory duties over employees and/or students and student employees/leaders.
Title IX Grievance Process: How it works?
Once an allegation gets reported to the school’s Title IX Coordinator, the institution acquires “actual knowledge,” triggering the grievance process. While schools and programs operate differently depending on phase timeframes- notices of investigations/hearings response to evidence/appeals; most proceed similarly at this point.
At Rhode Island College-
-The Title IX Coordinator calls/contact the complainant (accuser) for discussion concerning allegations providing supportive measures.
-The Title IX Coordinator thereafter contacts within 5 business days upon receiving formal complaints informing/respondent (accused) about allegations explaining their rights- presumption of innocence/right to choose an advisor.
-An investigator then gathers evidence on incidents by interviewing complainants/respondents/witnesses. Investigation finalizes within 90 calendar days of complaint but may conclude earlier.
-The coordinator sends both parties (responding/complaining) investigative report ten business days before chance submission of written responses.
The Hearing Phase
-The hearing officer will conduct a pre-hearing conference with parties/advisors resolving procedure/conflict-of-interest issues before hearings commence.
-The complainant and respondent will present opening statements before the hearing officer permits each party/advisor to cross-examine the other party/witnesses. The hearing officer can also initiate a questioning series himself/herself.
-Finally, the complainant/respondent makes closing remarks before the officer decides responsibility for the “preponderance of the evidence,” meaning greater than 50 percent convinced.
-Within 14 business days of hearings, school administration furnishes parties with written responses on hearing conclusions, statement rationale for allegation conclusion, and imposed sanctions.
Consequences College Employees Accused Of Title IX Violations Face
Rhode Island college employees accused of Title IX misconduct face significant adverse consequences if found guilty. Providence College lists these as: loss of privileges, trainings requirement, no-contact directive, demotion, non-renewal of a contract or non-reappointment and dismissal.
After-effects persist long after sanctions’ imposition on violating employees. For instance, Title IX violators have the board detailing such offenses making it difficult to secure employment with other universities/colleges. Punishments can disqualify some from professional licenses/jobs as well; thus severely affecting their livelihoods.
Appeals Procedure for Title IX Violations
Parties involved have a one-time option to appeal in five calendar days after hearings reach their conclusion at schools like Johnson & Wales University. However, limited circumstances exist that fulfill requirements among others like procedural irregularities influencing hearing outcomes, new evidence emerging which impacts results significantly while process lacked due diligence or faced conflict of interest.
How Can a Title IX Advisor Help?
Title IX violations place you in jeopardy regarding your future education prospects. If accused or under investigations fast-paced procedures taxed further by fluctuating regulations become part of your life; thus an experienced advisor crucial recommends Todd Spodek whose team ensures fair settlements permitting employees continuing their work without harassment. Contact Spodek Law Group today via phone on (888) 535-3686 or fill out the consultation form.