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Title IX and Use of College Facilities for Single Gender ProgrammingThis article provides guidance on understanding single-gender programming and how to avoid violations of Title IX. Title IX prohibits gender-based discrimination in all of the College’s educational programs and activities, including programming and events that take place in College facilities. Specifically, College resources cannot be used to support programs where participation is determined by gender.
Under Title IX, College-sponsored programs have a clear mandate to not discriminate based on gender. But confusion surrounds events co-sponsored with external groups. Many are surprised to learn that College partnerships with community groups requesting institutional support for programs serving a single gender create tension with the institution’s obligations under Title IX.
When a third-party group seeks to use College resources, including official recognition, faculty sponsorship, or use of facilities at a discounted rate, the event is seen as receiving “significant assistance” from the College. In such cases, Title IX applies. This means that participants can’t be excluded based on gender. If, however, a community group rents College facilities at the usual rate and does not receive any “significant institutional support,” single-gender programs are permissible.
For example, a community group must not be permitted to rent College facilities for a single-gender program at a discounted rate and use the phrase “Montgomery College Sponsored Event.” To provide a discounted rate and sponsorship recognition to the community group represents “significant assistance” and means that Title IX applies. Such an event could be reported to the US Department of Education, who could, in turn, investigate the College for an alleged violation of Title IX.
Similarly, “preferred sex” programs also can create risk for Title IX violations. Such programs are technically open to all participants regardless of gender, but are advertised or named in such a way that most would assume participation is limited to a specific gender. For example, the College must not promote a “Boys in the Arts” or “Girls in Construction” event and exclude some participants based on gender. The event must welcome individuals of all genders. Importantly, this must be reflected in promotion and registration materials. If your unit is planning an event that serves a preferred sex, consult with the Title IX Coordinator Kristen Roe for guidance.
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SAAM 2024 at MCThis year’s Sexual Assault Awareness Month (SAAM) theme is “Building Connected Communities.” The campaign is about learning how to take steps to build connected communities and enhance our knowledge of sexual assault, harassment, and abuse. We will explore how to create safe communities where everyone feels safe and supported. Join us in building connected communities that promote equity and respect as our connections to one another impact others.
Let’s use SAAM 2024 to commit to ensuring that we live inclusively to create safety for all. For more information, questions, and accommodations, please email the SHaW Center for Success.
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Title IX: Mandated Reporter or Confidential Resource?A student disclosed a sexual assault to you. Do you need to notify the Title IX coordinator? It depends on whether you are a “responsible employee” or a “confidential resource.” Responsible employees are all instructional faculty, chairs, coaches, athletic trainers, administrators, supervisors, campus security officers, and other employees with a responsibility for student welfare. Counselors are confidential resources who are not required to notify the Title IX coordinator.
If a student has disclosed a sexual misconduct to you, as a responsible employee you must:
- Report any disclosure of an incident of sexual misconduct to the Title IX coordinator, and advise the student about their option to request confidentiality from the Title IX coordinator, which will be considered.
- Advise the student about the option to report to law enforcement.
- Tell the student about the support resources described on the Reporting Sexual Misconduct webpage.
If you anticipate a student is about to share a report with you, a responsible employee should make every effort to ensure that the student understands:
- Your obligation to report their name, and the name(s) of alleged perpetrator(s), as well as the date, time, and location of the incident, to the Title IX coordinator.
- The availability of internal and external support resources listed on the Reporting Sexual Misconduct webpage.
If a student wants to share something confidentially, you can:
- Take the student to see a counselor who, as a confidential resource, is not required to notify the Title IX coordinator. Students who report do not have to decide at the time the report is made whether or not to request a particular course of action or label what happened. Choosing to make a report and deciding how to proceed after making a report can be a process that unfolds over time.
How can I tell if a student might be preparing to disclose? Listen for subtle clues.
- "I have a friend who…”
- "Something happened this weekend.”
- "I don’t want to get anyone in trouble.”
- "I’ve never told anyone about this.”
How do I respond if I think a student is preparing to reveal sensitive information? Think about language you feel comfortable using, show that you care, and inform them about your obligation.
- "It sounds like you are going through something really tough…I am so sorry.”
- "I can see you are struggling to say something, and that takes courage; I really want to support you, but I need to pause for just a second.”
- "As a faculty member, I’m required to report some kinds of disclosures to my Title IX coordinator here at MC. Like, for example, any report of sexual violence.”
- "At MC, the counselors are confidential resources. I can connect you with someone I trust right now, or we can keep talking so long as you understand my responsibility.”
For more information, contact our Director of ADA Compliance & Title IX Coordinator Kristen Roe or check the College’s Title IX webpage.
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Test Your Conflicts of Interest IQOn our last issue, we asked you about your knowledge in identifying a conflict of interest (COI). Let’s see how you did. Remember, a COI is defined as any situation in which an employee has an interest or loyalty that directly or indirectly affects, or has the appearance of affecting, the individual’s professional judgment in performing a College duty or responsibility.
- Conflict of interest is role dependent. True or False?
True. Whether a COI exists depends on the role of the employee. COIs arise when there’s a connection between the employee’s duties and responsibilities they carry out on behalf of the College, and an external situation. What might be a conflict for one employee might not be a conflict for another colleague in a different role or position at the College.
- A College vendor invites you and your partner/spouse to a gala. This is a ticketed event, with single tickets selling for $50. The vendor has served the College for three years with excellent customer service, but the contract expires a couple months from now and will be going out for a competitive RFP (request for proposal) at that time. Is it OK to accept the vendor’s invitation?
No. It’s not appropriate to accept the invitation from the vendor. Despite the tickets’ potential low value, accepting something of value from the vendor while they are seeking to continue their business relationship with the College creates the appearance of a conflict of interest, especially when they will be bidding for a contract soon.
- You have a friend whom you know is well qualified for a position currently open at the College. Can you recommend her to the hiring manager?
Yes. You can recommend your friend for the job as long as you disclose your relationship. This helps maintain transparency in the hiring process. If you have any influence over the hiring decision, such as sitting on a search committee or having a supervisory relationship with a committee member who is aware of your relationship, you should disclose your social relationship with the applicant and then recuse yourself from the decision-making process to avoid any perceived conflict of interest.
- In addition to her job as full-time faculty at MC, Claire serves on the board of directors of a local arts organization. Is this a conflict of interest?
No. Claire’s service on the board of directors of a local arts organization is not deemed to be a conflict as long as it does not interfere with her work at the College. Employees are encouraged to participate in professional associations and community activities. Since the arts organization has no business relationship with the College, there is no conflict of interest identified in this scenario.
- The optics or appearance of a potential COI is just as important as an actual COI. True or False?
True. The perception of a conflict is as significant as an actual conflict itself. A perceived conflict can erode public trust in the College’s integrity and cause reputational harm. It arises when a third party could reasonably believe that an employee’s loyalty to the College might be influenced by their personal interests or obligations. Even if these interests don’t directly impact their job performance, it’s essential to disclose potential conflicts to uphold public confidence in the College’s integrity. In addition, individual reputations may suffer if coworkers perceive or know of a conflict of interest that is not addressed.
- You are a professor that recently authored a new textbook which is now going to print. Can you promote it in an MC newsletter?
No. Promoting the textbook in an MC newsletter would be a conflict of interest. While promoting the book might enhance the College’s reputation by showcasing faculty achievements, it also serves the professor’s personal interests, such as receiving royalties. Using a college endorsed publication to advertise the textbook is not appropriate as it blurs the line between personal and professional interests.
Score
All correct – Extraordinaire
Five correct (83%) – Master in Training
Three to four correct (50-67%) – Average
Zero to two correct (33%) – Time to check out the PnP
Thank you for taking the Conflicts of Interest quiz! Remember, these scenarios are designed to raise awareness and promote ethical decision-making. If you encounter similar situations or need further guidance, please feel free to contact the Office of Compliance, Risk, and Ethics. Your commitment to maintaining the highest standards of integrity at Montgomery College is appreciated.
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What Does Stewardship Look Like in the Workplace?Here are a few ideas for how you might embody this value in your everyday interactions:
- Demonstrate integrity in accounting for College time.
- Identify efficiencies and be cognizant of productivity.
- Safeguard College resources.
- Give back to the College, assist in student success, and encourage colleagues to do the same.
Interested in learning more? Check out the College's Ethical Expectations Guide. Developed by a workgroup of twelve employees from across the College, this resource offers practical guidance for living out the Code of Ethics while on the job. We invite you to delve into this booklet and make it your own: identify at least one concrete action you can take to help create a thriving ethical culture at MC.
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