This automated online tool provides a precise, multi-expert-vetted set of instructions as to jurisdiction, based on a set of six simple questions for you to answer about a complaint. If you are concerned about the complexity of the regulatory provisions on jurisdiction, this tool gives you clarity on what to do, and what provisions of the law apply. The algorithm logic behind this tool is based upon 132 possible permutations based on who the parties are, where the incident happened, what/who the recipient controls, what definitions apply, and whether the complainant is participating in your educational program. This tool works for all K-12 and postsecondary applications.
Glossary of Terms
- Discretion to reinstate: after dismissal of a Title IX complaint, a recipient can bring similar charges outside the context of Title IX, as a different policy violation.
- Mandatory: you must
- Discretionary: you may (permissive)
- Big Four: the VAWA § 304 covered offenses of sexual assault, stalking, domestic violence, and dating violence (sexual harassment is a Title IX-covered offense, not VAWA)
- VAWA protections: the set of victim’s rights required by VAWA § 304
- § 106.30: 34 CFR Part 106.30; the definitions of offenses covered by the 2020 Title IX regulations
- § 106.45: 34 CFR Part 106.45; the procedures for addressing offenses covered by the 2020 Title IX regulations
- Supportive measures: a set of actions, supports, and resources made available to Complainants (see § 106.30). Under VAWA § 304, supportive measures are owed even if a Complainant is a non-affiliate.
- Remedies: post-finding community remedies or Complainant-targeted mechanisms to address safety/prevent recurrence (may overlap with some supportive measures or safety measures, but those are available pre-finding,). We list “Possible community remedy” in many categories though the 2020 Title IX Regulations are silent on the topic. Provide if you think necessary, but unclear if legally required.
- Dismiss: one of the required dismissal grounds of the Title IX regulations is met
- PNG: persona non grata, a form of law enforcement or administrative trespass order
- Timely warning: Clery Act requirement to notify students and employees whenever there is a threat that a serious crime is ongoing or may be repeated on campus or that could impact on-campus
- Safety measures: activities and precautions taken to improve safety and reduce safety risk (may overlap with some supportive measures or remedies)
- Non-Affiliate: neither student, nor employee. Could include campers, visitors, volunteers, contractors, etc.
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THIS IS A RUBRIC AND IS NOT CONSIDERED TO BE TRAINING MATERIALS.