New federal Title IX regulations took effect on Friday, Aug. 14, impacting policies and procedures related to the resolution of sexual harassment, sexual assault, domestic violence, dating violence, and stalking complaints at colleges and universities across the nation.
The federal regulations were first announced in late May. Throughout the summer, a multidisciplinary task force of UNCG faculty, staff, and students – led by Title IX Coordinator Murphie Chappell and including representatives from Human Resources, Student Affairs, and the Office of General Counsel – worked together to propose changes, which have since been adopted by the University, in campus policies and procedures based on the regulations.
Chappell and her team prioritized student wellness and promoting a healthy campus climate when modifying policies and procedures to comply with the regulations. Overall, Chappell believes the changes will give more agency to complainants and ensure everyone’s voices are heard, ultimately leading to better outcomes for all involved.
Here are four key points related to UNCG’s revised Title IX policies:
1. New federal regulations have narrowed the definition of sexual harassment and the authority of Title IX offices. Sexual harassment is now defined as “unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it denies a person equal access to the university’s education program or activity.” Previously, the definition more broadly included unwelcome conduct that was “so severe, pervasive, or objectively offensive.” Although a minor linguistic change, the switch from “or” to “and” has significant implications because it narrows the scope of behavior that is considered harassment under Title IX.
Additionally, behaviors subject to Title IX now only include behavior that took place on the physical grounds of the University, excluding behavior that took place off campus (including in other countries), even if within the context of a university program or activity.
Because UNCG remains committed to providing an environment that is inclusive and welcoming to all students, faculty, and staff, and recognizes the impact of discriminatory behaviors on our community regardless of where they take place, the University has amended other policies and codes of conduct to include these behaviors. These additions will ensure that UNCG has the ability as an institution to reinforce community standards regardless of location.
2. The new regulations gave UNCG the option to increase the standard of evidence for finding people responsible, but the University has maintained its threshold for standard of evidence. The standard of “preponderance of the evidence,” which is adhered to by most of UNCG’s codes of conduct and policies, will continue to be the University’s standard moving forward. This standard is often contrasted with “beyond a reasonable doubt,” which is the most stringent test of evidence, required for criminal convictions that can entail the removal of individuals’ rights.
UNCG elected to maintain its current standard of evidence so that Title IX cases are subject to the same (and not more stringent) standards of evidence as violations of other community standards.
3. Per the new regulations, UNCG has the ability to add resolution options. Not every complainant is able to (or wants to) file a formal complaint. Therefore, UNCG has two alternative informal or adaptive resolution options, in addition to the more traditional formal grievance. In addition to pursuing the formal grievance process, complainants can seek supportive measures or pursue informal resolutions. Respondents also can pursue supportive measures. Chappell and her team will work with students, faculty, and staff to determine the best path toward resolution for them.
4. When complainants choose to pursue a formal complaint, attorneys must be allowed to directly cross examine the opposing party. At a minimum, both the complainant and the respondent will be provided an advisor (both may seek outside counsel or support). Under no circumstances will the two individuals directly involved in the situation (the complainant and the respondent) be able to personally cross examine each other; any cross examination must be done by an advisor.
“I want the campus community to know that UNCG chose to ensure that we continued upholding the highest community standards. It is vital to us that we persist in our work toward improving our campus climate for all,” Chappell said.
To learn more, visit the UNCG Title IX website.
