The Outliers: Behaviors Prohibited by Title IX that are not Violence or Harassment
As a sex/gender equity law, Title IX prohibits discrimination. This workshop sharpens participants’ skills in investigating discrimination complaints that fall into categories commonly termed disparate treatment (intentional) or disparate impact (unintentional) by the courts. Such complaints often involve investigating the impact of climate/culture, policies, and practices.
Intentional discrimination may include investigations of pay equity issues, favoring or disfavoring by sex, LGBTQIA+ exclusion, facilities disparities (housing, locker rooms, etc.), and program exclusion. These types of investigations require different skills and methodologies from harassment investigations and are predicated on other policies.
ATIXA’s expert faculty members will guide participants through ATIXA’s recommended investigation process for sex/gender discrimination complaints, sharing practical knowledge and tips to prepare participants to investigate complex complaints.
Topics Covered
- Gender Equity Foundations
- Defining Sexual Orientation, Gender Identity, and Gender Expression
- Defining Equity and Discrimination
- Disparate Impact vs. Disparate Treatment
- Common Gender Equity Issues/Topics
- Overview of Title IX DI/DT Investigation Process
- The Prima Facie Showing and the Similarly Situated Comparator
- Gender Equity Investigation Framework
- Issue Spotting in Case Studies
- Evidence Gathering for Students/Employees
- Analysis and Report Writing
Key Takeaway
Examine the elements of an effective equity investigation, including the core elements of gender equity, collective/joint complaints, collecting relevant evidence, and analyzing disparate treatment and intent.
After completing this workshop, participants will…
- Define key terminology, concepts, and elements related to sex/gender discrimination investigations
- Differentiate between disparate treatment and disparate impact, including understanding the “educational necessity” and “substantial legitimate justification” constructs
- Understand the role of proxy respondents, remedies, and how culture/climate investigations can be used to address disparate impact or lay the foundation for disparate treatment charges
- Be able to operationalize the “similarly situated comparator” construct to assess whether a prima facie showing of discrimination has been made
- Understand burden-shifting analysis and how to accurately use its three-step rubric
- Analyze all relevant information using the disparate treatment and intent constructs
Who Should Attend?
- Title IX Coordinators
- Deputy Title IX Coordinators
- Title IX or Civil Rights Investigators
- Decision-makers
- Appeal Decision-makers
- Intake/Case Coordinators
- Human Resources Professionals
- Student Conduct Professionals
- Legal Counsel
- Law Enforcement/Campus Safety/School Resource Officers
- Compliance and Risk Management Professionals (Title VI, Title VII, Title IX, ADA/Section 504, AA, EEO, Clery)
- Diversity, Equity, and Inclusion Professionals
This workshop is tailored to be applicable for Higher Education Institutions, K-12 Schools and Districts, as well as Dual Enrollment programs.
Please note, Workshops do not offer certifications but they do receive digital badges. Attendees will earn 4 re-certifying credits toward any currently held Certifications. Please click here to view our Continuing Certification Credits (CCC) FAQs.