CU begins implementation of new Title IX rules

US Department of Education

The U.S. Department of Education recently issued new guidelines for how universities and K-12 schools will investigate and adjudicate sexual misconduct allegations beginning Aug. 14.

To ensure that students, faculty and staff are aware of the new rules and how they will work in practice, Title IX coordinators for all four campuses in the CU system have begun meeting with stakeholder groups to explain what has changed with Title IX, what will remain the same, and how the campuses can continue to address sexual misconduct with strong university policies that complement the new Title IX rules.

Valerie Simons, associate vice chancellor and Title IX coordinator for CU Boulder’s Office of Institutional Equity and Compliance (OIEC), is leading the systemwide implementation of the new rules issued on May 6. This effort is in addition to the work of a statewide committee she chairs that is providing recommendations to all of Colorado’s institutions of higher education required to update their policies under the new rules.

Mandatory trainings

No later than Aug. 14, universities and K-12 schools across the country are required to implement the federal rule changes and provide appropriate training to all students, faculty and staff.

To meet that deadline, all incoming CU Boulder students must complete online community equity and effective bystander intervention training that launched July 15 and includes new sexual misconduct policy and guidelines. Returning undergraduate students, new and returning graduate students, and all faculty and staff will be required to complete a similar course that will be available in August.

“We want students, faculty and staff to know that we are working to ensure a safe and nondiscriminatory environment for all who come to our campuses to pursue their academic and career goals,” Simons said. “The only way to do that is by upholding strong policies, procedures and practices to prevent and respond to sexual misconduct.”

Commitment to equity and fairness

Simons said OIEC and partner offices on other CU campuses are committed to providing equity and fairness during resolutions in sexual misconduct cases, to complying with new and existing applicable federal and state laws, and to creating processes that campus communities can understand and access.

CU’s sexual misconduct policy, APS 5014, has been updated to include the new guidance and approved by President Mark Kennedy. While the policy applies to the entire university, each campus has the authority to adopt implementing guidelines and procedures consistent with the revised APS 5014.

The policy remains strong, Simons said. Efforts that will continue include full investigation of all sexual misconduct allegations; on- and off-campus jurisdiction; provision of supportive measures and services to victims; mandatory reporting by responsible employees; and procedural protections for all parties during formal investigations.

The federal government’s new regulations narrow sexual misconduct definitions under Title IX, specify jurisdiction for such cases, and prescribe grievance procedures and staff roles for adjudications. However, the regulations do not restrict universities from additionally addressing sexual misconduct outside the purview of Title IX, which CU will continue to do, Simons said.

Mandated federal changes include definitions and terminology about what is considered prohibited conduct; the separation of roles between decision-makers and sexual misconduct investigators; and the inclusion of live, cross-examination hearings that provide cost-free advisers if needed.

Since fall 2018, when federal education officials issued proposed changes to Title IX rules, the CU system’s Title IX Committee has been analyzing them and working to establish a model for scenarios that are consistent with university policies and applicable laws. Committee members include campus Title IX, human resources and university counsel staff.

In order to review proposed policies and processes, Simons and OIEC also have met regularly with CU Boulder partner offices such as the Office of Victim Assistance, Student Legal Services, CUPD, Student Conduct and Conflict Resolution, Faculty Staff Assistance Program, Counseling and Psychiatric Services, Athletics and student, faculty, and staff governance groups.

At a glance

Universities and K-12 schools across the country must implement new Title IX rules related to the investigation and adjudication of sexual misconduct cases. The new rules take effect Aug. 14. To meet the deadline, all students, faculty and staff must complete online training on university policy and effective bystander intervention training.

Incoming students must complete online community equity and effective bystander intervention training, which includes the new sexual misconduct policy and guidelines.

Returning students, graduate students and all CU employees will be required to complete similar training through a course that will be available in August.

What is Title IX?
Enacted in 1972, Title IX prohibits discrimination on the basis of sex in educational settings that receive federal funds. This year, the U.S. Department of Education announced rule changes to the pioneering law regarding the adjudication of sexual misconduct cases on college campuses and in K-12 schools. The new regulations apply to the entire CU system of four campuses and will mean updates to the systemwide Sexual Misconduct Policy.

Have questions or feedback?
If you have questions or would like to provide feedback about the Title IX revisions, please contact OIEC.

Jul, 30 2020