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K-12 ADULT SEXUAL MISCONDUCT PREVENTION

ASM PROVISIONS IN TITLE IX

Federal law addresses adult sexual misconduct (ASM) in schools through Title IX of the U.S. Education Amendments of 1972 (Office for Civil Rights [OCR], 2008). Title IX prohibits discrimination on the basis of sex in any educational organization that receives Federal funds (U.S. Department of Justice, 2015). School districts that receive Federal funds must designate an employee to oversee Title IX requirements, act as a point of contact for sexually related complaints, and coordinate investigations (U.S. Government Accountability Office [GAO], 2014).

Although Title IX is not a criminal statute, the behaviors it prohibits may be criminal or noncriminal in nature, depending on state or Federal laws (GAO, 2014, p.8). The U.S. Department of Education’s OCR enforces Title IX and provides guidance, resources, and information to districts and schools to ensure that discrimination does not happen, including addressing and responding to possible incidents of sexual harassment of students. In this context, “sexual harassment” is synonymous with the activities that define ASM. If schools ignore the sexual harassment, including harassment conducted in online forums, of students by staff or peers, they can face legal repercussions (OCR, 2008).

Chapter 2 of this guidance addresses the need for Title IX-compliant policies and procedures on ASM. Chapter 3 describes the role of the local school’s Title IX coordinator, as well as staff training that can help prevent ASM and identify when it is taking place. This information is provided to answer the questions many local school districts have about Title IX requirements.

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