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New Title IX regulations

The United States Department of Education is implementing sweeping changes to Title IX regulations.

The changes, which went into effect on Aug.1, allow universities greater control in crafting policies. On Aug.1, the University of Utah implemented changes that are consistent with Utah State law and will make the University’s Title IX enforcement process more efficient and trauma-informed.

“These changes allow the University to better serve all parts of our community and provide an easier path to Title IX resolutions,” said Jess Morrison, interim director for the Office of Equal Opportunity, Affirmative Action, and Title IX (OEO).

One way efficiency will be increased is by allowing informal resolutions to be pursued without an official complaint being filed. Informal resolutions enable parties to resolve a conflict through mediation. Providing this option removes a barrier to accessing support.

“This solution can be very empowering to both parties,” Morrison said.

Other efficiencies include how the OEO will manage hearings. Previously all sexual misconduct investigations were required to go to a hearing. Under the new rules, when complaints are made, hearings will only be required in sexual misconduct cases involving a student. Most other matters will not require a hearing. When hearings are necessary, the process will be the same, no matter what type of complaint is reported.

Under the new regulations, the format for hearings will change. Before a hearing, both parties will submit their questions to the hearing chair in writing. The questions will be reviewed to ensure they are relevant and clear and do not harass the other party. During the hearing, the chair will ask all questions and time will be built in for parties to add supplemental questions.

“This process has been very successful at other major state schools,” Morrison said. “It is more trauma-informed and is a gentler process for all parties.”

This change is also consistent with state law.

Other changes to Title IX regulations include making all university employees mandatory reporters, expanding who can file discrimination and harassment complaints, how those complaints can be made, and removing the time limit for when those complaints can be made.

The new policies also require employees to inform pregnant students or students experiencing pregnancy-related conditions that the OEO can support them in accessing academic modifications.

“It is nice to have these procedures crystalized not only so that students can better understand their rights, but also so employees can better understand how to support these students,” said Erin Sullivan, the OEO associate director.

Under the new guidelines, annual training will be required for all university employees including faculty.

See the FAQ below for specifics and additional guidance.

 

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