What​ is the role of labor unions in light of the sweeping Dept. of Education Title IX changes?

Labor Relations, title IX

There is a looming and unprecedented legal issue on the horizon for thousands of public colleges and universities nationwide. This issue represents the evolution and eventual collision of years of legal jurisprudence involving collective bargaining rights and the evidentiary standard of review during a Title IX sexual assault investigation.  

Simply put, in light of the sweeping Dept. of Education Title IX policy changes set to become law in 2019, should labor unions have a voice in which standard of review colleges choose?

Ostensibly, there might not appear to be a close or apparent relationship between Title IX and public institution collective bargaining agreements.  To be sure, Title IX involves in large part students’ gender equity and their safety from sexual harassment on a college campus.  Unionized public employees, on the other hand, employed on a college campus who may become victims of sexual harassment by a fellow employee or university student enjoys the expansive protections of Title VII, state laws, college policy and the provisions of their respective collective bargaining agreements.  However, if the accused is a union member, should the standard of review become an issue predetermined by collective bargaining?

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The impending Title IX changes give colleges and universities the right to choose the standard of review between preponderance of the evidence and clear and convincing evidence.  Yet, the question remains under the proposed Title IX changes: Is the Title IX standard of review a mandatory subject of bargaining?  Is the Title IX standard of review a term and condition of employment? In California, for example, the public employment statute reads “it is the purpose of this chapter to promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment between public employers and public employee organizations.”  See Cal. Gov’t Code § 3500

In Illinois, an employer’s refusal to negotiate over a mandatory subject of bargaining constitutes an unfair labor practice. Vill. of Oak Lawn v. Illinois Labor Relations Bd., State Panel, 2011 IL App (1st) 103417, ¶ 14, 964 N.E.2d 1132, 1136. Similarly, in Ohio, the public employment statute states “all matters pertaining to wages, hours, or terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement are subject to collective bargaining between the public employer and the exclusive representative ….”  See Ohio Codes 4117.08

While these matters will vary from state to state, the issue is set to become one of the most contentious concerns for colleges nationwide.

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OU cuts access to Title IX reports

Equal Opportunity, privacy, title IX

Change prioritizes student privacy, but is it at cost of public’s right to know?

Ohio University’s legal office said last week that it no longer will provide reports of investigations into student complaints that professors and staffers have violated federal Title IX non-discrimination policies.  This is a significant change in practice for the university, which up until this month had provided copies of its reports of an investigation conducted by OU’s Office for Equity and Civil Rights Compliance into student complaints.  In recent years, The Athens NEWS has published a number of articles based on those types of reports.

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Barbara Nalazek, OU’s deputy general counsel, said in a statement last Monday that the university would decline to provide The NEWS with four copies of the investigatory reports – called Memorandum of Findings (MOFs) – that the university created based on student complaints against OU professors this year.  

For the full article, click here….

DOE investigating Title IX complaints from men who say it discriminates in support of women

Due Process, Equal Opportunity, title IX

A men’s rights activist who has used federal complaints to target women-only scholarships and programs is now trying to start a national movement to end what he sees as discrimination against men.

Over the past 15 months, the activist, Kursat Pekgoz, 31, a doctoral student in English literature at the University of Southern California, has filed federal Title IX complaints against three universities, and drafted complaints against three more, alleging that efforts to support female students are no longer necessary and amount to discrimination against male students. Once outnumbered, women now make up about 56.5 percent of students at American universities, notes Pekgoz, who has himself been the subject of a Title IX investigation into a sexual harassment allegation.  For the full article, click here…

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Lawsuit: IU Violated Title IX By Suspending Male Student Accused Of Rape

Due Process, Equal Opportunity, title IX

A male student is suing Indiana University for Title IX violations, alleging the school’s investigation into rape accusations was biased against him because of his gender.

It’s the latest in a series of lawsuits invoking the federal civil rights law on behalf of men accused of sexual assault.

The Incident

The complicated details of the case begin in September 2017, when both John Doe and Jane Doe acknowledge they had sexual intercourse at a fraternity house. The two later learned someone else had taken a photo of them during intercourse and had shared it with others.

The photo was reported to IU officials and an investigation began a few days later. The university ultimately found two people responsible for taking and distributing the photo.

In May 2018, the school launched a new investigation after Jane reported she was too drunk to give consent that night and accused John of sexual assault.

Indiana University Police investigated and the Monroe County Prosecutor’s Office declined to file rape charges.

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According to documents filed with the lawsuit, an IU panel heard testimony from both students; they gave conflicting accounts about the night, with John reporting that he verbally asked Jane for consent.

The panel determined in November that John “did not know or reasonably should not have known that Complainant was incapacitated,” but also determined he “more likely than not” violated sexual consent code of conduct policies. The panel also determined John allowed that photo to be taken.

His punishment included a four-year suspension, a no-contact order with Jane Doe, and a prohibition to be on campus during the suspension.  For a copy of the current lawsuit, click here…  395469534-John-Doe-v-Indiana-University-Title-IX-Violation-Complaint 

For the full article, click here… 

Dean of Harvard Faculty ‘Concerned’ About Proposed Federal Changes to Title IX

Due Process, Equal Opportunity, title IX

Dean of the Faculty of Arts and Sciences Claudine Gay said in an interview Wednesday that she is currently reviewing proposed changes to federal Title IX policy and would be “concerned” about any alterations that make it more difficult for people who have experienced sexual misconduct to report it.

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The proposed regulations — released last month alongside a statement from U.S. Education Secretary Betsy DeVos — provide a new framework for interpreting Title IX, an anti-sex discrimination law that shapes the way universities address sexual harassment.

Under the new proposed rules — which could take effect in 2019 following a notice-and-comment period — universities would choose what standard of evidence to apply to cases of sexual misconduct, complainants and respondents of formal investigations would have the opportunity to question each other in a live hearing, and complaints of misconduct could not center on incidents that take place outside the bounds of a school “program or activity.”  To read the full article, click here…

He defended Michigan State vs. sexual assaults. Now he heads the Title IX Office

Due Process, Equal Opportunity, title IX

A Michigan State University attorney who defended the institution against sexual assault lawsuits is now heading the office handling sexual assault complaints — a move that is drawing criticism from victim advocates.

This month, Robert Kent was moved out of his assistant general counsel position and into the job of interim associate vice president of the Office of Civil Rights and Title IX Education and Compliance — a decision made by MSU Interim President John Engler that is drawing scrutiny from critics, who say the move could send a discouraging message from the university. msu

“At every turn, they signal an unwillingness to deal with the culture, and a message to survivors that their voices don’t matter,” said Rachael Denhollander, the first Larry Nassar sex assault victim to come forth publicly. She said, in her view, the appointment of Kent to handle Title IX cases was the latest in a string of insensitive moves.  For the full story, click here …

Explosive Title IX allegations – Student sues KY school district in Federal Court after employee uploads student’s nude pics to Russian pornsite without consent

Due Process, title IX

Student alleges, in addition to 4th amendment violations, that a Kentucky high school employee confiscated her cell phone and uploaded the phone’s private pics to an adult website without her consent.  For the full complaint, click here…  

 

TIX

Former student sues Marshall University for Title IX violations, Retaliation in Federal District Court (WV)

Equal Opportunity, human resources, title IX

Medical student alleges that she was verbally assaulted, given less desirable work assignments and then subsequently terminated from her residency program after complaining of a hostile work environment, sexually explicit videos.  For the full complaint, click here… 

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