By Nicole West
Since 1972, institutions of higher education that receive federal financial assistance are required to follow an educational amendment that prohibits discrimination on the basis of sex in any educational programs or activities.
While Title IX has been existent for over four decades, institutions across the country––including this one––are receiving updated reminders to enforce Title IX regulations from the Office for Civil Rights, under the U.S. Department of Health and Human Services.
At Texas A&M-San Antonio, that includes an organized effort to make information public to students, faculty and staff, said Jolene Des Roches, director of student life and wellness and Title IX coordinator.
New posters and brochures are appearing across both campus locations explaining sexual assault and sexual discrimination with a contact number for students, faculty and staff to call.
For the last several years, Title IX has been re-enforced at universities by the Office of Civil Rights.
In 2010, Secretary of Education Arne Duncan publicly reminded all universities across the U.S. to comply with the federal mandate “to reinvigorate civil rights enforcement.”
Duncan reminded institutions that the “Office for Civil Rights is going to redouble our enforcement of Title IX with respect to sexual harassment and sexual violence on college campuses.”
One year later, another controversy occurred.
One of the reasons to enforce Title IX is because of the Penn State issue, Des Roches said, referring to the 2011 Penn State scandal involving Pennsylvania State University’s former assistant football coach Jerry Sandusky, who was charged with child sex abuse involving young boys.
Online complaint form
In March, Texas A&M-San Antonio will provide a link on its website allowing students, faculty and staff a digital method to submit a Title IX complaint form.
The idea of the website is to offer “another alternative for people to be able to report any type of sexual abuse, or any other type of abuse,” Human Resources Director Karen Gilbert said.
The Title IX complaint form is located in the student handbook under formal complaint grievance policy.
The formal complaint grievance includes several steps that vary on the severity of the complaint.
“Every student has a right to come to a campus and feel safe and not be discriminated against on anything,” Des Roches said. “Title IX protects that.”
Mirley Balasubramanya, head of school of arts and sciences, and Gilbert are the Title IX deputy coordinators.
Gilbert was selected to be a Title IX Deputy by Kenneth Mitts, vice president for finance and administration, and Balasubramanya was chosen by Brent Snow, provost and vice president for academic affairs, Des Roches said. The office of student life and wellness was chosen by President Maria Hernandez Ferrier to facilitate Title IX, Brian Ridenour, director of compliance, said.
Ridenour said the compliance program facilitates and “makes sure people have resources to understand the different laws.”
Title IX covers discrimination in any university activity or program receiving financial assistance, Des Roches said. Some of the programs and activities include: academics, admissions, athletics, employment, financial assistance, housing and recruitment.
To get a better understanding of Title IX, Des Roches provided a hypothetical situation.
Say student A states in a class that he or she were gay and one other student in the class had an issue with the Lesbian, Gay, Bisexual, Transgender community.
If student B posts hate remarks on students A’s Facebook page and on the university’s Facebook page, that would be considered sexual discrimination and harassment. Student A would be able to file a Title IX complaint on student B, resulting in the student possibly being removed from class.
Here’s another situation:
Suppose a student commits cyber bullying by posting on the university’s Facebook page about another student multiple times. The bullied student can file a Title IX complaint if they believe they were discriminated against, Des Roches said.
Confidential process
Des Roches said when a complaint comes in, the committee reviews the information and “sends it out for investigation” to the Texas A&M System Office of General Counsel (OGC).The complaint submission process is confidential.
Another web resource that will be made available in March is called “Advocate,” where students, faculty and staff can submit a concern form online.
For instance, if the report involves a student missing from class for weeks, a student, faculty or staff member can report their concern to the website or to one of the coordinators.
“That gives me the opportunity to try to make contact with that student to find out where they’re at and make sure they are okay,” Des Roches said.
Students, faculty and staff have always been able to file a complaint form as well as report a concern to the university’s counselor services for free, Des Roches said. Now, the service is available online.
Victims of sexual assault can also contact University Police Department at 210-784-1900.
For more information, contact Des Roches at 210-784-1336 or email Jdesroch@tamusa.tamus.edu.
