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Investigating Sex/Gender Discrimination & Disparate Treatment Workshop

Consider Combining with ATIXA’s Gender Equity Foundations course or the Investigation Foundations course

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Recommended Prior Learning: 

Gender Equity Foundations for Higher Education, Investigation Foundations for Higher Education, Coordinator Foundations for K-12 Education, or Investigator Foundations for K-12 Education

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.

Upcoming Sessions

In-Person
Asynchronous
Virtual
Schedule Member Non-Member

October 1
11:00am - 3:00pm ET
$469 $579 Register Now

The pricing above is effective if purchased today. Take advantage of our Early Bird Pricing to secure your spot at a reduced rate until typically 10 weeks prior to the event. After the Early Bird pricing ends, our Regular Pricing takes effect, typically available up to 2 weeks before the event begins. Last Chance Pricing is your final opportunity to register, typically during the last 2 weeks before the event start date.

Register yourself or your team for two to four courses and receive a 15% discount; register for five or more and receive a 25% discount. Please create your order, click the 'Pay Later' option upon checkout, and reach out to events@atixa.org for the discounts to be applied.

Contact events@atixa.org to learn more about multi-registration discounts.