'Gender Identity' Added To WCASD Title IX Policy Updates

WEST CHESTER, PA — The West Chester Area School Board of Directors last night advanced policy revisions based on federal changes in Title IX law, adding the inclusion of "gender identity" to district policy protections against sexual harassment and discrimination.

In May 2020, the U.S. Department of Education issued revisions to Title IX, and West Chester Area School District, like districts and universities everywhere, has integrated the federal revisions into its own policies.

WCASD Superintendent Dr. Robert Sokolowski explained in the meeting that policy revisions were required by the U.S. Department of Education. Districts are required to define sexual harassment within their policies and to outline their procedures for reporting sexual harassment. They also are required to create a complaint form.

The school board's Education Committee recommended the addition of the words "gender identity" to all sections of the policy where "sexual orientation" is mentioned, to include gender identity in the same protections under Title IX.

West Chester Area School District's board of directors approved the committee's recommendation for a first reading, the revisions relating to discrimination, sexual harassment, retaliation, discriminatory employment practices, discrimination complaint procedures, grievance procedures, with the added terminology.

The policy change as approved Aug. 24 will go back to the Education Committee for a second view, including consideration of any public comments. The policy finalization will be voted on in September’s school board for approval.

The changes include "gender identity" alongside sexual orientation in matters of harassment and discrimination that may fall under Title IX policy protection.

Sokolowski said the policy changes meet federal Title IX regulations. "We believe they will be helpful towards ensuring an inclusive school community that is respectful of the diversity amongst our students and staff."

He said the administration agreed with adding this language to the policy after they were recommended on Aug 17. "We also reviewed this amendment with our solicitor prior to the board vote on Monday evening," the assistant superintendent said.

The May 2020 federal policy revisions to Title IX were intended to clarify specific actions to be taken in cases of sexual harassment, rather than merely giving guidance, according to the Department of Education.

"For the first time, the Department’s Title IX regulations recognize that sexual harassment, including sexual assault, is unlawful sex discrimination. The Department previously addressed sexual harassment only through guidance documents, which are not legally binding and do not have the force and effect of law. Now, the Department’s regulations impose important legal obligations on school districts, colleges, and universities (collectively “schools”), requiring a prompt response to reports of sexual harassment," a federal Department of Education document explained.

A summary of the key provisions of the U.S. Department of Education's May 2020 Title IX revision can be found here.