ÃÛÌÒAPP

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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