September 14, 2020

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The independent news organization at Duke University

MONDAY, SEPTEMBER 14, 2020

ONLINE DAILY AT DUKECHRONICLE.COM

ONE HUNDRED AND SIXTEENTH YEAR, ISSUE 7

Students question Title IX transparency

Cameron Oglesby | Graphics Editor

By Nadia Bey University News Editor

Leah Boyd University News Editor

Changes to Title IX policies have come to Duke, but the University didn’t give the community much time to offer feedback on them before implementation. Title IX is a 48-year-old federal law that prohibits discrimination on the basis of sex in educational or federally funded programs. It is also used to protect victims of sexual assault on university campuses, given legal mandates that schools are responsible for investigating cases of sexual misconduct. New Trump administration regulations increased the standard of evidence for schools to investigate sexual misconduct, a move that advocates say puts students at risk by raising the standard for investigations and not adequately addressing misconduct that occurs off campus. However, critics of the Obama-era regulations lauded the new rules, claiming that the previous rules pressured them to support accusers without offering fair treatment to the accused. Secretary of Education Betsy DeVos, who facilitated the policy update, told The New York Times in May that she feels the new policy updates recognize “that we can continue to combat sexual misconduct without abandoning our core values of fairness, presumption of innocence and due process.” The new rules were released May 6, and institutions were given until Aug. 14 to implement them. At Duke, the changes were published on the Office of Institutional Equity website Aug. 11 and announced via the Duke Daily, Duke’s email newsletter,

the following day. Some students criticized the University for what they saw as a lack of transparency in communicating its implementation of the Title IX changes to the public, including

Aug. 12 Date the Duke Daily asked the community for feedback on proposed Title IX changes offering only two days for public comment after the new rules were widely announced.

How the rules were implemented

Kimberly Hewitt, vice president for institutional equity, wrote in an Aug. 31 statement to The Chronicle that the updated policy was constructed by “a working group of representatives from Human Resources, the Provost’s Office, Legal, OIE and Student Affairs who worked together and in subgroups to develop the policy and procedures.” “As part of our process we presented the proposed policy to several stakeholder groups to get their feedback that included student and faculty governance, relevant committees, Human Resources at the University and the Health System, various levels of University leadership and other administrators,” Hewitt wrote. One stakeholder identified in the statement was the Student Sexual

Misconduct Prevention and Response Committee—also known as the Student Sexual Misconduct Task Force—which was recently restructured under the leadership of Mary Pat McMahon, vice provost and vice president for student affairs. Hewitt wrote that OIE and Student Affairs regularly meet with the Student Sexual Misconduct Prevention and Response Committee, and that both offices will be “using this open forum this fall to get their perspectives.” Hewitt also wrote that the working group engaged with a legal expert specializing in higher education and Title IX to create the umbrella Policy on Prohibited Discrimination, Harassment and Related Misconduct and the Title IX Sexual Harassment Grievance procedures that contain the rules mandated by the Department of Education. McMahon and Hewitt sent an email to undergraduate and graduate students Sept. 9 regarding new sexual misconduct policies, including the Title IX rules. They outlined the implementation process and major changes from the previous rules. Hewitt said in a Sept. 9 interview that one

Aug. 14 Deadline for submitting feedback on proposed Title IX changes of the most significant changes with the new rules is that staff and faculty on campus can be the accused party in a Title IX hearing. Changes were also made to the cross-

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examination element of Title IX trials. While Hewitt said that “historically, [they’ve] been able to separate people,” victims must now face the accusers in trial. The accused and victim each are appointed an advisor who is there specifically to ask questions of the other party. The third big change Hewitt described is that any information that is to be used in the hearing must be available for cross-examination. “So if we learn something in the investigation process, or somebody shares information, and they’re unwilling to testify or participate in the hearing, we can’t consider it,” Hewitt said, calling the rule a “big departure” from previous policies. Hewitt said the working group set up a week-by-week timeline. They worked with an outside lawyer, who Hewitt said “made himself an expert on these rules,” which she said were thousands of pages long. At one See TITLE IX on Page 3

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