Emerging issues in education demand proactive solutions. One growing concern in K-12 settings is the non-consensual sharing of intimate images (NCII), including both authentic and AI-generated content. ATIXA is excited to share a new model policy based on our established frameworks, which helps schools and districts design a comprehensive and compliant response to NCII incidents.
The Model Non-Consensual Intimate Imagery (NCII) Policy for K-12 Schools, co-authored by the Center for Democracy & Technology (CDT) and ATIXA, was developed with insights from a diverse task force, including representatives from the American Federation of Teachers (AFT), Encode Justice, LGBT Tech, the National Center for Missing and Exploited Children (NCMEC), Opportunity Labs, and the Rape, Abuse & Incest National Network (RAINN).
The Scope of the Problem
Recent polling of students, parents, teachers, and administrators in K-12 schools shows that NCII is a rising concern. The issue is further exacerbated by a limited understanding of how frequently these incidents occur and the most effective strategies to prevent, address, and resolve them.
While colleges are starting to address the issue, K-12 schools remain largely unprepared. Parents, district leaders, and school administrators must recognize that NCII and other forms of technology-facilitated sexual abuse are not passing trends. Technology continues to advance faster than our ability to fully understand and respond to it. However, our students, who are well-versed in the many ways that technology can be used or misused, are engaging in digital forms of sexual discrimination. Unfortunately, many do so without understanding the far-reaching consequences or actual impact of their actions.
For example, several cases have emerged of students distributing synthetic or AI-generated images depicting teachers or principals in compromising scenarios, such as explicit videos, which are then widely shared through airdrops, text messages, or social media. Often, students share these fabricated images as a prank, but the consequences are far from humorous. The individuals targeted are left humiliated, with some even losing their jobs. Meanwhile, many parents struggle to believe their children could create such sophisticated images. However, the reality is that AI and other generative digital tools require minimal skill or expertise, making them alarmingly accessible.
The Current Gaps in Response
The prevalence of NCII, both authentic and synthetic, has significant consequences for students, teachers, and administrators. The unauthorized distribution of authentic NCII, as well as the realistic nature of synthetic imagery, can cause job loss, reputational damage, and disruption to the learning environment. Unfortunately, K-12 schools and districts often respond to NCII with a patchwork of disciplinary measures or no response at all.
Using Title IX-Adjacent Procedures to Address the Issue
NCII is a form of sexual exploitation and, in some circumstances, may create a hostile environment on the basis of sex. Some argue that this issue is outside of the institution’s jurisdiction because the alleged misconduct occurred within online environments or via technology outside of its control. However, under Title IX, if incidents occur off-campus or outside school hours that disrupt the academic or work environment and include members of the community, it is the institution’s responsibility to respond with both supportive measures for complainants and accountability measures for respondents. Caselaw in several jurisdictions supports the need for this practice.
Therefore, NCII (i.e., Title IX sexual harassment) can be addressed under an institution’s Title IX policy, either by using Title IX-based procedures or a secondary set of procedures. ATIXA’s One Policy, Two Procedures (1P2P) approach allows schools to address these incidents under “Process B,” a flexible, trauma-informed, and structured response pathway outside of the formal Title IX grievance process. Many schools already use ATIXA’s Process B to address misconduct outside of the formal Title IX grievance procedures, in line with the 2020 Title IX Regulations (i.e., Process A). Process B includes harm assessment, interim actions, remedies, and platform-specific takedown resources to help schools respond to NCII quickly and effectively. ATIXA’s 1P2P provides the wireframe for the Model Non-Consensual Intimate Imagery (NCII) Policy for K-12 Schools.
Using Shared Language for Greater Understanding
The newly developed model policy provides an easily understood shared language designed to help administrators, educators, and Title IX Coordinators standardize their approach to NCII. The model policy introduces clear definitions, such as:
- Synthetic NCII: The use of AI or other emerging technology to create, generate, or manipulate images that are intimate or sexual and widely circulated across digital platforms without the consent of the person depicted
- Authentic NCII: Intimate or sexually explicit images taken in a real-life context and then distributed across digital platforms without the consent of the person depicted
Importantly, the focus is on distribution, not creation, clarifying what schools are positioned to address. By establishing a shared language, we empower consistent and appropriate responses.
Why This Model Policy Works
Educators have long voiced concerns about NCII, but few schools have clear policies or procedures to address it. This model policy serves as a roadmap, with room for customization depending on the institutional type and needs. Since scenarios differ, this model policy allows schools to apply their existing disciplinary procedures for students or their corrective action process for employees to address violations of the policy.
This model policy provides actionable guidance now, without waiting for state mandates or further federal guidance. It encourages sharing with parents, integrating with conduct policies, and using existing procedures based on the role of the identified respondent (student or employee).
By adopting this free, publicly available policy, schools can show leadership and care while aligning with a national standard developed by Title IX and K-12 equity experts. We believe this model will establish a new set of best practices for schools to respond to NCII with clarity, compassion, and compliance.
Early Adoption = Leadership
We encourage schools and districts to add this policy to their websites and share it with parents to ensure accountability for respondents found responsible of misconduct. Additionally, schools can use the companion infographic to offer internal and external resources and support for complainants, emphasizing their commitment to addressing all forms of sexual harassment, including the specific types of harm associated with NCII. This comprehensive approach raises awareness and also provides clear guidelines for responding to incidents using existing technology-based systems.
The time is now for K-12 leaders to address the critical issue of non-consensual intimate image sharing. If your school or district does not yet have a policy in place, we encourage you to take the first step by downloading this comprehensive model policy (PDF Version or Editable Text Version [.docx]).
Integrate this policy seamlessly into your existing technology policies, student discipline guidelines, or employee handbooks. Provide staff with the necessary training to implement it effectively. Share it widely with parents. And demonstrate to your students and community that your school or district takes this issue seriously.
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