Title IX - A Review for South Dakota's Public School Leaders (Part 3 - Students Protected by Title IX and Procedural Requirements)

Does Title IX protect all students from sexual violence?

Yes. Title IX protects all students from sex discrimination, including sexual violence. Any student can experience sexual violence - from elementary to high school; male and female students; straight, gay, lesbian, bisexual and transgender students; students with and without disabilities; and students of different races and national origins.

How should a school handle sexual violence complaints in which the parties are the same sex?

A school’s obligation to respond appropriately to sexual violence complaints is the same irrespective of the sex or sexes of the parties involved. A school must investigate and resolve allegations of sexual violence involving parties of the same sex using the same procedures and standards that it uses in all complaints involving sexual violence.

What issues may arise with respect to students with disabilities who experience sexual violence?

When students with disabilities experience sexual violence, federal civil rights laws other than Title IX may also apply to a school’s responsibility to investigate and address such incidents. Some students may require additional assistance and support. For example, a student with an intellectual disability may need additional help in learning about sexual violence.

What procedures must a school have in place to prevent sexual violence and resolve complaints?

Title IX's regulations have three key procedural requirements. Each school must:

(1) disseminate a notice of nondiscrimination;

(2) designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX; and

(3) adopt and publish grievance procedures providing for the prompt and fair resolution of student and employee sex discrimination complaints.

Part 4 - Conducting Title IX Investigations

Scott Swier
Founding Member, Attorney At Law