Date: 10/27/2015
Final
Student Safety: Title IX and Sexual and Gender-based Harassment
SCHOOL SAFETY AND YOUTH IN CRISIS
| Votes: View--> | Action Taken: |
| <none> | <none> |
02:30 PM -- Student Safety: Title IX and Sexual and Gender-Based Harassment
Kimberly Hult introduced herself and began her remarks by defining sexual harassment. She said 48 percent of students surveyed recently felt that they had been harassed and that one out of ten girls will have been physically forced to engage in sexual intercourse. She spoke about court decisions relating to Title IX and what constitutes actual notice and deliberate indifference and a school's obligation to investigate claims of harassment and assault. Ms. Hult said that under federal law, there are no caps on damages and victims can be entitled to attorney and other fees. She said that the statute of limitations does not start until the child turns 18 and then it is two years. Ms. Hult said many Colorado policies do not meet Title IX requirements.
02:52 PM
Representative Duran asked about situations where an allegation is made and there is no follow up. Ms. Hult responded that she is not at liberty to discuss current cases.
Mr. Crews asked whether rural school districts can have the Title IX coordinator located in the BOCES. Ms. Hult responded that there would be concerns about having adequate time to perform the functions of that role and that in fact some districts may require more than one coordinator.
Senator Newell asked about sexting, its prevalence in schools, and how Title IX applies. Ms. Hult responded that about 30 percent of students experience sexual harassment through social media, but that Title IX guidelines do not specifically address sexting. She said that depending on the content of the message, child pornography statutes may apply.