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Title IX Formal Process

Pacific Lutheran University Response Training

Date: June 29, 2023

Time: 2:00 p.m.

Jennifer Childress-White

University Title IX Coordinator

Assistant Dean of Students

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What we'll discuss this afternoon
What is Title IX (reason/definitions/requirements)
Policies and processes regarding sexual misconduct
Distinct roles and responsibilities of the Formal Process Team
The Formal Process "Hearing" / Standard of Evidence
Typical Timeline

Targeted

Topics

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The 50th Anniversary of Title IX

TITLE IX (EST. 1972)

Began as a way to equalize sport opportunities for women in higher education

FINAL RULE (MAY 2020)

New Regulations regarding higher ed’s Title IX responses and processes

Currently under revision - target date October 2023

DEAR COLLEAGUE LETTER (APRIL 2011)

Expanded Title IX to outline an institution’s obligation to prevent, address, and respond to cases of sexual violence.

VAWA 1994

Latest reauthorization in March, 2022 Undergone many expansions

Provides federal funding and resources, as well as expanded access to safety and support for all survivors and increase of prevention efforts

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

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Sexual Harassment Within Title IX?

AS DEFINED BY THE TITLE IX FINAL RULE

Quid Pro Quo - “you do this...you get this in return”;

Any unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive, that it denies a person equal educational access; or

Any instance of Sexual Assault, Dating Violence, Domestic Violence, and Stalking

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"Sexual Misconduct"

"Prohibited Conduct"

Title IX's sexual harassment definition is the floor

to PLU's community expectations with in the Student Code of Conduct

Conduct not meeting the scope of Title IX may be processed through the Student Conduct system

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Non-Consensual Sexual Intercourse

Any sexual intercourse (anal, oral, vaginal), however slight, with any object, by a person upon another regardless of gender, without consent, including instances where the victim is incapable of giving consent...or is manipulated or coerced.

Non-Consensual Sexual Contact

Any intentional touching, however slight, with any object, by a person upon another regardless of gender, without consent, including instances where the victim is incapable of giving consent...or is manipulated or coerced.

Sexual Assault More Concisely...

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Jurisdiction and Scope

What constitutes a Title IX incident?

Complainant is a current student

Must be enrolled in university program or activity. If they have left the institution, a Title IX complaint is not permitted

University sponsored program or activity

PLU must respond when sexual harassment occurs in a school’s education program or activity whether on campus or not, against a person in the U.S.

Meets one of the three definitions

Permits institutions to pursue sexual misconduct violations that fall outside of Title IX’s

scope under their own codes of conduct.

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But What About…?

Something that happened to them while they were off campus at a bar?
Something that happened back when they were in high school?
Something happened to them while they were in Greece on a Study Away trip?
Something that happened to them and the Respondent was a faculty member?
Something that happened to them at a private residence during a required athletic team event?

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UDRC / Formal Process Team

Report is Received and Actual Knowledge is Gained

Title IX Assessment & Process Counsel

(Scope of Conduct / Jurisdiction)

Conduct Meets Title IX

Does NOT meet Title IX

Student to Student

If Impacted Party Chooses to File a Formal Complaint

Faculty/Staff to Student

Formal Process Team

Faculty/Staff to Student - HR/UDRC

Student to Student - Dean's Office

Investigation / Hearing

Review Meeting

(Support Measures / Options)

Outreach to Impacted Party

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If a legal claim is made against PLU

PLU must prove that their response to the incident was NOT “deliberately indifferent”

That we sufficiently and reasonably looked into the complaint, and it’s validity.

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The Final Rule defines “supportive measures” as individualized services reasonably available that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party while designed to ensure equal educational access, protect safety, or deter sexual harassment.

Examples:

University No Contact Orders

Temporary Housing Relocation

Schedule Changes

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A “Formal Complaint” is a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that the school investigate the allegation of sexual harassment.

At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the education program or activity of the school with which the Formal Complaint is filed.

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Responsible Employee - also referred to as a mandatory reporter. All PLU employees, and student employees specific to res life and campus safety are required to report incidents of sexual misconduct
Complainant - individual who is alleged to be the impacted party (victim) of conduct that could constitute sexual harassment
Respondent - individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment
Standard of Evidence - threshold of information used to determine responsibility. At PLU we use a "Clear and Convincing" standard. Under this standards, individuals are presumed to have not engaged in a policy violation of sexual misconduct unless it is “substantially more likely than not” based on the information provided that a violation of the Prohibited Conduct did occur.
Formal Process Hearing - a Complainant has filed a Formal Complaint, the university is now mandated to respond with an investigation and formal grievance process
Deliberately Indifferent - institutions must defend their response as not D. I.

Other Definitions Associated with Title IX...

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When is the

Formal Process

put into action?

Once the Title IX Coordinator has a written and signed Formal Complaint, the university is mandated to investigate and provide a Formal Process Hearing, or a mutually agreed upon Informal Resolution.