Overview of Title IX

Transcription

1 How Internal Audit Can Support the Title IX Office Presenters Rob Carter Bob Hoster Jeannie Kain Martina Buckley Director, Internal Audit and Management Analysis Director of Internal Audit Senior Auditor, University Audits Manager Baylor University Bucknell University University of Michigan Baker Tilly 1 Overview of Title IX 2 1

2 Timeline: Federal law guidance on sexual assault 3 Title IX of the Education Amendments of 1972 Title IX June 23, 1972 Prohibits discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance I II Organizations must, by law: Adopt and publicize policies that prohibit discrimination Adopt and publish grievance procedures III Designate at least one Title IX coordinator to respond to their obligations 4 2

3 Dear Colleague Letter: sexual violence Dear Colleague Letter: Sexual Violence April 4, 2011 I II III IV Explains a school s responsibility to respond promptly and effectively to sexual violence against students Provides guidance on the particular concerns that arise in sexual violence cases Provides guidance and examples about key Title IX requirements and how they relate to sexual violence Discusses proactive efforts schools can take to prevent sexual violence 5 White House Task Force to Protect Students From Sexual Assault Best practices Provide colleges with evidence-based best and promising practices for preventing and responding to rape and sexual assault Enforcement Build on federal government enforcement efforts to ensure institutions comply fully with their legal obligations to prevent and respond Transparency Increase the transparency of federal enforcement activities Public awareness Broaden public awareness of individual colleges' compliance with relevant laws Coordination Facilitate coordination among federal agencies involved with the issue 6 3

4 White House Task Force to Protect Students From Sexual Assault First Report of the Task Force April 29, 2014 I II III Identifying the problem through use of campus climate surveys Preventing sexual assault on campus and engaging men Responding effectively when a student is sexually assaulted IV Improving The Federal Government s enforcement efforts, and making them more transparent 7 Question and answer on Title IX and sexual violence Q&A on Title IX and Sexual Violence April 29, 2014 I II III Institutions must clarify and disseminate who responsible employees are and who is required to report sexual assault Institutions should increase efforts to prevent sexual violence through tailored training Clarification on required grievance procedures IV Confidentiality remains a complex issue 8 4

5 Dear Colleague Letter: Title IX Coordinators Dear Colleague Letter: Title IX Coordinators April 24, 2015 I II III IV Largely restates previous OCR guidance, but also clarifies prior guidance and recommends certain practices Observes that Title IX Coordinators should (a) be independent to avoid potential conflict of interest, (b) report directly to senior leadership, such as the university president Clarifies that a Title IX Coordinator could, but does not have to, play the role of determining outcome of Title IX complaints Notes that ED will begin in 2015 to collect information about Title IX Coordinators in annual reports required under the Clery Act 9 Major risks > Institutions who are found to have Title IX compliance violations are at risk for: Community mistrust, reputational damage Title IX risks Lawsuits: OCR oversight Loss of federal funding 10 5

6 Areas of potential exposure 11 Cases of sexual violence As of June 2017, the Department of Education was investigating 336 sexual violence cases at 237 institutions* for possible Title IX violations * The list continues to grow 12 6

7 Panelist discussion Key topics include: Organization of a Title IX Office / Institutional Organizational Structure Communication across departments/groups Standardization of intake and investigative forms Centralized documentation storage Internal Audit s role 13 Organization of a Title IX Office / Institutional Organizational Structure 14 7

8 Communication across departments / groups 15 Standardization of intake and investigative forms 16 8

9 Centralized documentation storage 17 What is internal audit s role? 18 9

10 Question and answer 19 10