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.
FAQ
Title IX violations are sex-based discrimination or sex-based harassment. Sex-based discrimination includes pregnancy or related conditions, such as pregnancy loss.
Examples of sex-based harassment:
- Quid pro quo harassment
- Hostile environment harassment
- Specific offenses, including:
- Sexual assault/sex offenses (rape, fondling, incest, statutory rape)
- Dating violence
- Domestic violence
- Stalking
There is no time limit on when a Title IX complaint can be made if the underlying alleged conduct occurred when the individual was accessing or attempting to access programs, services or activities provided by the University of Utah.
Any student, staff, or faculty member who believes they have experienced discrimination or harassment can submit a Title IX complaint to the university. People who are not students, faculty or staff of the university can also submit complaints if the conduct they are reporting occurred when they were participating or attempting to participate in programs, activities, or services offered by the University of Utah.
Parents, guardians or other authorized legal representatives can also submit a complaint.
Title IX complaints can be oral or written. Forms to make a written complaint directly to the U’s Office of Equal Opportunity, Affirmative Action, and Title IX (OEO), can be found here. The OEO will consider a report as a complaint if there is a request for the university to investigate and make a determination about alleged discrimination or harassment.
If what is shared involves discrimination or harassment against another person who is either a member of the University of Utah community or who experienced this discrimination while accessing or attempting to access university services, programs or activities, it should be reported to the OEO. The office will seek additional information to determine the appropriate course of action.
All university employees who are not confidential employees are mandatory reporters.
Confidential employees must still inform the person disclosing to them contact information for the OEO.
Confidential employees are:
- An employee whose communications are privileged under Federal or State law.
- An employee “designated as confidential for the purpose of providing services to persons related to discrimination.” This includes counselors or the victim-survivor advocates at the Center for Campus Wellness.
- An employee conducting IRB-approved research on discrimination, if the information is gathered as part of that research.
If a student tells an employee they are pregnant, the employee must inform the student that the OEO can assist them in accessing reasonable modifications for participating in University programs or activities. These may include time away, lactation space, deadline flexibility, and other support.
The university does not keep a record of pregnant students and in most cases will not require any documentation to assist a student with reasonable modifications.
The OEO can be contacted at:
Office of Equal Opportunity and Affirmative Action (OEO/AA)
383 University Street, Level 1 OEO Suite
Salt Lake City, UT, 84112
801-581-8365
801-585-5746 (fax)
oeo@utah.edu
Online reports may be submitted at oeo.utah.edu.