Sec. DeVos' new Title IX rules will shake up how K-12 schools handle sexual harassment
The regulations also clarify when K-12 schools are required to investigate students' claims. Schools must investigate whenever any district employee — from teachers and guidance counselors to bus drivers — learns of a sexual assault or harassment incident, whether a student, a parent or a bystander reports it. Schools will be required to investigate cases that happen on campus or as part of school activities like field trips, athletic events or conferences.
Sasha Pudelski, advocacy director of AASA, The School Superintendents Association, said she is concerned that the regulations still bar schools from investigating sexual misconduct between students that occurs off campus and not at school events. The regulations also require schools to use a narrower definition of sexual harassment than is used in employment sex discrimination laws. Sexual harassment under the new Title IX regulations is unwelcome conduct that"a reasonable person" would consider"so severe, pervasive, and objectively offensive that it effectively denies a person equal access" to an education.
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