RE: Ohio State coach Urban Meyer knew in 2015 of domestic abuse allegations
I thought Title IX gave certain rights to Female students. How is a non-student spouse covered under Title IX?
d. Off-premises misconduct
Sexual harassment may be prohibited even when it does not occur on the program providers premises, as long as the off-premises activity during which the sexual harassment takes place relates to the covered educational program. Crandell, D.O. v. New York College of Osteopathic Med., 87 F. Supp. 2d 304 (S.D.N.Y. 2000)(off-campus misconduct actionable under Title IX where harassment occurred in clinic during the students paid internship). Thus, harassment that occurred off the premises of an education program operated by a recipient of federal assistance would be covered. For example, if a federally assisted museum conducted a lecture series which included field trips away from the museum, harassment that occurred on the field trips would be covered.
e. Appropriate Remedial Measures
Although courts have not yet ruled on what measures are appropriate for a recipient to take to remedy sex harassment in a context not involving an educational institution, the Department of Educations Sexual Harassment Guidance provides a starting point for analysis. If an educational provider determines that sexual harassment has occurred, it should take reasonable, timely, appropriate corrective action, including steps tailored to the specific situation. Sexual Harassment Guidance at 66104 - 66106. For example, the provider may need to counsel, warn, or take more serious disciplinary action against the harasser, based on the severity of the harassment or any record of prior incidents. Sexual Harassment Guidance at 66104. In some instances, it may be appropriate to further separate the harassed participant and the harasser, or direct the harasser to have no further contact with the participant. These corrective measures should be designed to minimize, as much as possible, the burden on the participant who was harassed. Id.
In some situations, a provider may be required to provide other services to the participant who was harassed, if necessary to address the effects of the harassment. For instance, if an instructor gave a low grade to a participant because the participant failed to respond to the teachers advances, the provider may be required to make arrangements for an independent assessment of the participants work and, if necessary, change the grade accordingly, make arrangements for the student to take the course again with a different instructor, provide tutoring and/or counseling, or take other measures that are appropriate under the circumstances. Id. In addition, the provider will also need to take steps to prevent the recurrence of harassment such as requiring the harasser to attend counseling, or even training the entire staff to ensure that they understand what types of conduct can cause sexual harassment and that they know how to respond. Id. at 66105. Under appropriate circumstances, the provider may find it necessary to terminate the harassers employment.
Furthermore, a policy specifically prohibiting sexual harassment and separate grievance procedures for violations of that policy can help ensure that all participants, instructors, employees, third parties, etc. understand the nature of sexual harassment and that the education program provider will not tolerate such conduct. Id.
The above is from Title IX, maybe I am missing something but I just don't see a cause of action. Also, the coach beating his wife is not gender discrimination as I see it - it's assault - it's a ****** thing to do that is against the law, but it's not a gender specific thing. Yes the spouse is a female, but what if the coach were Gay and beating the **** out his male spouse? I agree it's bad, but I just don't see the Title IX implications. Maybe I missed that part.
(This post was last modified: 08-01-2018 12:38 PM by Statefan.)
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