The regulations set out the basic Title IX responsibilities a recipient undertakes when it accepts Federal financial assistance, including the following specific obligations. In addition, because retaliation is prohibited by Title IX, schools may want to include a provision in their procedures prohibiting retaliation against any individual who files a complaint or participates in a harassment inquiry.
Although a student's request to have his or her name withheld may limit the school's ability to respond fully to an individual complaint of harassment, other means may be available to address the harassment. In an August letter to school superintendents and a January letter to college and university presidents, the Secretary of Education informed school officials that the Gebser decision did not change a school's obligations to federal sex discrimination act australia education in Indianapolis reasonable steps under Title IX and the regulations to prevent and eliminate sexual harassment as a condition of its receipt of Federal funding.
Similarly, certain types of disabilities could affect a student's ability to do so. The extent of a recipient's responsibilities if an employee sexually harasses a student is determined by whether or not the harassment occurred in the context of the employee's provision of aid, benefits, or services to students.
Thus, for example, if a student, who was the only student harassed, insists that his or her name not be revealed, and the alleged harasser could not respond to the charges of sexual harassment without that information, in evaluating the school's response, OCR would not expect disciplinary action against an alleged harasser.
In cases involving potential criminal conduct, school personnel should determine whether appropriate law enforcement authorities should be notified. The extent of a recipient's responsibilities if an employee sexually harasses a student is determined by whether or not the harassment occurred in the context of the employee's provision of aid, benefits, or services to students.
Thus, schools have been required to have these procedures in place since that time. For examplea policy that says only full-time workers will be promoted might disadvantage women who are more likely to work part-time because of family responsibilities. Title IX protects any "person" from sex discrimination.
Equal Employment Opportunity Commission EEOC : "The Commission will presume that the unwelcome, intentional touching of [an employee's] intimate body areas is sufficiently offensive to alter the conditions of her working environment and constitute a violation of Title VII.
One commenter expressed concern that it was inappropriate ever to find a school out of compliance for harassment about which it knew nothing. Gulf Oil Corp. Title IX is also relevant because it is an important part of taking effective responsive action for the school to inform the harassed student of the results of its investigation and whether it counseled, disciplined, or otherwise sanctioned the harasser.
However, in response to the anonymous letter, the school could submit a letter or article to the newspaper reiterating its policy against sexual harassment, encouraging persons who believe that they have been sexually harassed to come forward, and explaining how its grievance procedures work.
If on the other hand, the students in this example were to ask that their names not be disclosed or indicate that they do not want to pursue the matter, the considerations described in the previous section related to requests for confidentiality will shape the school's response. Effectively preventing and responding to sexual harassment: A code of practice for employers www.
Finally, we reiterate the importance of having well- publicized and effective grievance procedures in place to handle complaints of sex discrimination, including sexual harassment complaints. The Court was explicit in Gebser and Davis that the liability standards established in those cases are limited to private actions for monetary damages.
If a student sexually harasses another student and the harassing conduct is sufficiently serious to deny or limit the student's ability to participate in or benefit from the program, and if the school knows or reasonably should know  about the harassment, the school is responsible for taking immediate effective action to eliminate the hostile environment and prevent its recurrence.