Title IX and Your Rights

Pratt recently reorganized its Title IX procedures, which are now housed within the Office of Institutional Equity and Title IX. This is an important time to review our rights as Pratt faculty and professional librarians under the Collective Bargaining Agreement (CBA) and federal law.

The Title IX office is responsible for investigating potential violations of Pratt policies related to Title IX and Title VI, specifically, possible discrimination based on sex, sexual orientation, gender identity, race, color, or national origin.

While the office describes itself as a “neutral party” that seeks “equitable solutions,” our experience over the past few years has taught us several key lessons we believe members should be aware of:

• The Title IX office represents the administration and is primarily responsible for helping the Institute demonstrate compliance with federal law. Its goal is often to minimize institutional risk. As a result, uncovering the truth is not always a priority, and faculty must learn to advocate for themselves during the process.

• The Title IX office does not investigate discrimination claims between faculty members or faculty and the administration. Article V of our CBA outlines that the latter falls under the union's purview.

• While most Title IX and Title VI complaints brought by students are made in good faith, this is not always the case, and faculty can become unintended collateral in these processes.

  
  

If the Title IX office contacts us, our first response should be:

I would like to speak with my union representative before discussing this further.

This is your legal right under the 1975 Weingarten ruling, which guarantees union representation in any meeting with the employer that may lead to discipline or otherwise affect your working conditions.

In any such meeting with a supervisor that might yield discipline or adverse working conditions, whether planned or spontaneous, our response should be:

I would like to postpone this meeting and refrain from answering questions until my union representative is present.

While not legally required, past practice at Pratt has been for the administration to inform faculty of this right. However, you should assert it even if they do not.

Additional precautions:

• Do not speak with or email the Title IX office without a union representative present or CCed.

• Do not speak “off the record” or on the phone with the Title IX office.

Regardless of a case's merits, investigations typically begin by treating the complainant’s version of events as true. In weaker cases, the office may push for a quick “resolution” or “settlement,” which avoids a full investigation but can unintentionally encourage exaggerated or unfounded claims.

At the end of an investigation, the Title IX office determines whether a policy was violated and may recommend sanctions. However, the office itself does not have disciplinary authority over faculty. Any disciplinary action must come from the administration and is subject to the protections of our CBA. At that stage, the union can intervene to defend your rights.