Dear Members of the University Community:
Welcome to the fall 2020 semester. I join other administrators of ÃÛÌÒAPP
in sharing a welcome message with you, and there is much to share that is new in the
University's approach to Title IX. As the University's Title IX coordinator, I am
responsible for the overall Title IX compliance program of the University. Our Title
IX Office, located in Room L-103 of the Warde Academic Center, addresses issues of
sex/gender equity (access to programs, athletics, scholarships, etc.), sexual harassment
(including sexual assault, stalking, domestic violence and dating violence), protecting
the rights of pregnant/parenting students, and the rights of LGBTQIA+ students and
employees to be free from discrimination. I am supported by our dedicated Title IX
team, and we will be using this message to give you an update on all that is new regarding
Title IX compliance.
First, this office has spent the past few months becoming more proficient at delivering
Title IX services through technology platforms, though we acknowledge virtual meetings
may not be preferred in these cases. Going forward, we will be able to use virtual
and/or remote options for investigations and hearings, regardless of whether classes
are being held in person.
Second, effective August 14, 2020, the University has provided updated Title IX policies
and procedures in compliance with new Title IX regulations that were issued by the
U.S. Department of Education in May. The new regulations are very lengthy and detailed.
Mainly, they seek to provide strong due process protections to those who are accused
of sexual misconduct while also balancing the rights of those who experience sexual
harassment, assault, dating violence, domestic violence, retaliation and/or sex/gender
discrimination.
You may have heard about the new regulations from friends or on social media. Many
people who have read the regulations have mixed feelings about them. The regulations
do afford the University some discretion to structure a process consistent with our
mission, and the University's goal in updating its policy has been to comply with
all legal requirements, while also ensuring a fair process and a safe and equitable
educational environment for all. Importantly, the University's updated policy provides
a number of procedural protections that benefit all members of our community, including:
- Providing clear notice to anyone accused of misconduct along with a presumption of
innocence;
- Protections and accountability for students and employees (including faculty and staff);
- Conducting a process that is very transparent to the participants, where all evidence
is known and shared prior to any final decision;
- Providing a strong set of supportive measures to all parties that are designed to
effectively bring an end to any hostile environment;
- Delivering resolutions to complaints as promptly as possible;
- Strong sanctions for violations of policy;
- A clear brochure offering guidance on all resolution options;
- Flowcharts within the policy to make options clearer and more user-friendly;
- Vetting process administrators carefully to ensure they are impartial and unbiased;
- Appropriate informal resolution opportunities; and
- Live hearings to decide allegations of sexual misconduct, which can be conducted virtually.
The process includes a hearing, but it isn't a court proceeding and what we do will
not be the same as an adversarial trial. The parties are not required to be in the
same room with each other, and all parties have the right to an advisor of their choosing
throughout the process. At the hearing, most questions are asked by a panel of three
trained, neutral decision-makers. If there are remaining questions, they are posed
by the advisors to the parties, not by the parties themselves. Questions may also
be funneled through the chair of the panel, who first determines whether the question
is relevant and ensures that it is not abusive. This approach to questioning is humane
and trauma-informed, while also helping the panel to have access to all the information
it needs to make a fair decision.
The University is dedicated to creating processes that respect the equal rights and
dignity of all members of the University community. We remain committed to being a
place where every member of our community can learn, study, teach, and work free from
harassment and discrimination on the basis of sex or gender. Fair process is a priority,
as is repairing harm and facilitating healing and safety for all members of the community.
To learn more about the revised University policies and procedures, please visit the
Sexual Misconduct and Harassment Response and Prevention web page. If you have questions about the process or wish to talk to someone about
your options to report or seek support, please contact titleix@sxu.edu. Any member of the University may report an offense to the University at any time.
Not every member of the community is going to be comfortable at the outset with the
changes to the regulations, our policies or procedures. We understand and welcome
your voices and input as we maintain a compliant Title IX program, balanced with the
concerns of our ÃÛÌÒAPP community. To that end, we invite members of the campus community
to submit written input, comments or ask questions by emailing titleix@sxu.edu.
We wish you a healthy and safe 2020-2021 academic year and remind you that the Title
IX team is here for you if needed.
Sincerely,
Samantha Maher Sheahan Title IX Coordinator
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