ATIXA Jurisdictional Rubric Online Tool

This 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 your case. If you are concerned about the complexity of the regulatory provisions on jurisdiction, the ATIXA Jurisdiction-O-Meter 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.

Who is the Complainant?
Who is the Respondent?
Where did the conduct occur?
Where did the conduct occur?
Are they in a program?
Does Part 106.30 apply?

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.

ELECTRONIC ACCESS TO THIS ATIXA JURISDICTION RUBRIC ONLINE TOOL IS PROVIDED EXCLUSIVELY TO PURCHASERS, ATIXA PREMIUM MEMBERS, AND SUPER MEMBERS FOR INTERNAL INSTITUTIONAL USE ONLY, AND MAY NOT BE DISTRIBUTED, COPIED, OR ADAPTED. NO OTHER USE IS PERMITTED, AND NO ONE BUT THE AUTHORIZED USER IS PERMITTED ACCESS.

USERS ACCEPT THE RESULTS AT THEIR OWN RISK, RECEIVE NO ASSURANCE OF COMPLIANCE, AND EXPRESSLY AGREE TO INDEMNIFY TNG, LLC, AND ATIXA FOR ANY LIABILITY RELATED TO ITS USE, IMPLEMENTATION, OR ADAPTATION. ALL RESULTS SHOULD BE VETTED WITH QUALIFIED LEGAL COUNSEL BEFORE BEING ACTED UPON.

THIS IS A RUBRIC AND IS NOT CONSIDERED TO BE TRAINING MATERIALS.

©2020. ATIXA

This rubric is a member benefit for Super and Premium levels and for one week, we are providing member-only access to Individual and Institutional levels to beta-test this valuable tool (July 16-23, 2020). After the beta-test period, this tool will be added to the R3 Policy Package which is available for purchase HERE.

If you are an ATIXA member and attempting to access this page and it does not allow you access, please ensure you are logged in to the website.

Membership Benefits

Super

$4,999

  • For one-year per Higher Education Institution, K-12 School, or District
  • Access to ATIXA services and products worth up to $20,000, without per-item fees
  • Three complimentary registrations to ATIXA Certification Courses
  • Unlimited institutional users (sub-users) with full access
  • 27+ 20 Minutes to…Trained video modules
  • The ATIXA Title IX Toolkit (TIXKit)
  • VIP Socials at ATIXA Annual Conference and other Hotel-Based Certification Events
  • Access to live webinars
  • ATIXA One Policy, Two Procedures Model Policy and Procedures for Civil Rights Equity Grievance Resolution
  • MaxStack: A Database for Title IX Case Documentation from ATIXA & Maxient*
  • Access to all Regs Rapid Response (R3) packages (Policy, Coordinator, K-12, and Hearing Officer)
  • And more!

Institutional

$2,499

  • For one-year per Higher Education Institution, K-12 School, or District
  • Unlimited institutional users (sub-users) with full access
  • Electronic version of The ATIXA Playbook (under revision for 2020)
  • Four 20 Minutes to…Trained video modules
  • Access to the OCR Investigation Finding Letter Database
  • And more!

Individual

$599

  • For one-year per Individual
  • Access to professional listserv
  • The most comprehensive Title IX library in the world
  • Weekly newsletters
  • And more!