Jan. 23, 2019: Proposed changes to Title IX rules could impact campus policy

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RECORD THE WILLIAMS

WEDNESDAY, JANUARY 23, 2019

VOL. CXXXIII, NO. 12

THE INDEPENDENT STUDENT NEWSPAPER AT WILLIAMS COLLEGE SINCE 1887

Social calendar keeps campus informed 06

Proposed changes to Title IX rules could impact campus policy Potential changes would reduce College’s responsibility in handling sexual assault, harassment By ARRINGTON LUCK NEWS EDITOR On Nov. 16, the Department of Education released its proposed changes to existing Title IX regulations. Citing a need “to ensure that Title IX grievance proceedings become more transparent, consistent and reliable in their processes and outcomes,” the proposed rules would lessen schools’ responsibility in handling cases of sexual assault and harassment. While proponents of the changes say that the new rules would protect due process, critics say that they would make campuses less safe for survivors of assault and harassment and disincentivize students from reporting incidents of sexual assault and harassment. While the text of Title IX, only a sentence long, states that “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,” court rulings and Department of Education-issued guidance have clarified and expanded the protections of the law. “Title IX is that students may not be denied educational opportunities based on their sex – a principle that applies to the wide range of activities offered by schools, including admissions

to, and financial aid for, postsecondary institutions; student services and counseling; and athletics and physical education,” according to a Department of Justice report on the 40th anniversary of Title IX. In 2011, President Obama’s Department of Education Office of Civil Rights issued a “Dear Colleague” letter seeking to reaffirm and restate the responsibility colleges have with regard to dealing

“I’m really nervous of the role those propositions would have on the cultural shift.” Olivia Segal ’19 Co-Chair of RASAN with sexual assault and sexual harassment, building off of guidances issued in 2001. Unique in the Obama administration’s letter was the requirement that schools abide by the set guidances or risk the loss of federal funds and face potential litigation by the Department of Justice. “When a recipient does not come into compliance voluntarily, OCR may initiate proceedings to withdraw Federal funding by the Department or refer the case to the U.S. Department of Justice for litigation,” the letter stated. Proposed changes put forth by Secretary of Education Betsy

Graffiti naming neoNazi group found on Thompson Hall By NICHOLAS GOLDROSEN MANAGING EDITOR

The name of a neo-Nazi and white supremacist group was written several times on a whiteboard in Thompson Hall this weekend. According to an all-campus email sent by Vice President for Campus Life Steve Klass, Dean of the College Marlene Sandstrom and Vice President for Institutional Diversity

DeVos would affect colleges nationwide that receive federal funding. This includes Williams College, which receives federal funding for financial aid and research grants, among other purposes. On Jan. 15, Meg Bossong, the College’s director of sexual assault prevention and response, and Hannah Lipstein, the College’s violence prevention coordinator, hosted teach-ins about

the proposed changes to the Title IX rules. At the teach-ins, Bossong and Lipstein presented the College’s current disciplinary policies toward handling sexual assault and sexual harassment on campus and provided information on how to leave a comment on the proposed changes. At the teach-in, Bossong and Lipstein distributed a packet that highlighted the proposed deviations from previous Title IX rules, as well as the ways in which the College would or would not have to alter its disciplinary policies to act within the proposed rules. It defined

12 areas of proposed changes, some of which the College is already in compliance with. In the following cases, the College would have to make changes to its existing disciplinary policy and the ways in which it deals with reports of sexual assault and harassment on campus. First, the proposed rule changes would narrow the definition of sexual assault and harassment on campus. The guidances issued in 2001 – those in effect after the 2017 repeal of Obama-era guidances – stated, “Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment of a student can deny or limit, on the basis of sex, the student’s ability to participate in or to receive benefits, services, or opportunities in the school’s program.” The new definition under the proposed rules is “unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.” This would significantly impact the ways in which the College handles continued on 04

Kyle Scadlock ’19: the road to recovery 12

Summer earnings requirement reduced By WILLIAM NEWTON

PRODUCTIONS MANAGER

In its Jan. 2 meeting, the Board of Trustees approved a proposal allowing all students on financial aid to eliminate the summer earnings contribution for one summer of their choice. The Board expressed hope that this change, which takes effect in June, will allow students on financial aid to pursue a wider range of summer opportunities without being restricted by the burden of the earnings requirement. As part of the College’s current expected family contribution, the summer earnings requirement mandates that students contribute a set amount of money to their tuition each summer: $1500 for first-years and $1950 for all other students. For students deemed to be in extreme need, these numbers reduce to $1000 and $1500, respectively. Under the new policy, students on financial aid can automatically waive this requirement for one summer. This is in addition to the option to petition that their earnings requirement be waived for a summer under certain circumstances, a possibility that exists under the current policy. In making this change, Admission and the Board of Trustees are addressing concerns that have been brought forth by students regarding the accessibility of summer opportunities to those on financial aid. “The trustees have been engaged in an ongoing series of discussions about admission

Hazardous materials in field house delay reopening for second time

Closure of practice facility forces varsity, club sports to adapt

It made it to me late Sunday evening, and I shared it with VP Haynes, Dean Sandstrom and [Director of CSS] Dave Boyer at that time. CSS began [its] investigation at that time through Monday and it remains ongoing if new evidence arises.” The identity and intent of the perpetrator remain unknown, but the group’s white supremacist ideology has led the College to investigate the graffiti as a bias

“We will investigate the report as a possible bias

incident and Campus Safety and Security is trying to identify the author of the graffiti.” Steve Klass

Vice President for Campus Life

and Equity Leticia S.E. Haynes ’99, the graffiti was reported by a student to the College, and the responsible party is still unknown. Campus Safety and Security (CSS) is currently investigating the incident. According to the Southern Poverty Law Center, the group, Identity Evropa, is a white supremacist organization that focuses its recruitment efforts on college and university campuses. They commonly post fliers, graffiti or other recruitment materials in an attempt to draw attention to the group. Materials promoting the group, which was founded in 2016, have been found on campuses such as Duke, University of North Florida and the University of Rochester. The graffiti, according to Klass, was discovered on Sunday morning by a resident of Thompson Hall, who informed their house coordinator. “The [house coordinator], in turn, informed some administrators,” Klass said. “The fact that it was a holiday weekend slowed down the speed with which it traveled to our offices.

incident. “We don’t yet know who wrote the name on the board, or what their intent was in doing so,” Klass, Sandstrom and Haynes wrote in their email. “Because the organization is one that promotes hatred, we will investigate the report as a possible bias incident and Campus Safety and Security is trying to identify the author of the graffiti.” In deciding to issue an allcampus notification, senior administrators considered the unique circumstances of each potential bias incident individually. “The three of us [Haynes, Sandstrom and Klass] consult with each other at first and then with other senior administrators as the investigation moves forward," Klass said. "Since each one of these incidents is unique, our decisions surrounding if and when we make a broad notification will vary on a case-by-case basis.” Those with information about the incident may contact CSS at (413) 597-4444 or the office of institutional diversity and equity through that office’s online bias incident reporting tool.

and financial aid policies and ways the college can reduce the burden on students and families and enable students to make the most of their summers. The new policy... is an exciting step in that direction. I’m grateful to Maud and the board for their support of this new initiative and I’m eager to continue working with them to investigate other ways to reduce the burden on Williams families receiving aid,” said Dean of Admissions and Financial Aid Elizabeth Creighton ’01. The previous summer earnings requirement, which Admission said is based on data concerning student earning patterns throughout the summer, had been netting the College approximately $2 million each year, although it was a source of criticism throughout the community. A Sept. 19 op-ed written for the Record by Konnor Herbst ’20 argued that the requirement restricted students’ ability to pursue internships with lower salaries and placed a particularly large burden on students who were expected to help their families financially with their summer earnings (“On summer earnings: A case against an unequitable requirement,” Sept. 19, 2018). In October, the Record published an editorial encouraging the College to make the summer earnings requirement more equitable for these same reasons (“Making summer accessible: Evaluating the burden caused by the College’s summer earnings requirement,” Oct. 17, 2018).

SABRINE BRISMEUR/PHOTO EDITOR

The track and field teams, unable to access the Towne Field House, currently practice in Lansing Chapman Rink. By REBECCA TAUBER EXECUTIVE EDITOR After discovering further hazardous materials in the Towne Field House, the College has pushed back its scheduled reopening from Jan. 2 to March 8, marking the second delay in its reopening. The resurfacing project was initially supposed to be completed on Oct. 28, before the start of the winter sports season. The unexpected closing has forced a wide variety of sports teams, student groups and community members to adapt. In November, the Record reported that the construction team discovered asbestos in the glue beneath the track (“Asbestos discovered in field house,” Nov. 14, 2018). In recent weeks, the team discovered additional

dangerous chemicals beneath the surface. “Lab results from samples of our track material showed mostly trace amounts of arsenic, lead, mercury, barium and chromium,” said Rita Coppola-Wallace, executive director of design and construction. However, Coppola-Wallace assured that the dangerous materials were contained beneath the surface, so those previously using the field house were never at risk of exposure. Due to the scope of the effects of the field house closure on a variety of campus and community spheres, the College has paused the resurfacing project for the rest of the year in order to open the building on March 8. “Once the Towne Field House is reopened, it will be open and usable by all who have used it in the past. With the exception of

a few localized areas that may be coned off, the disturbances have been repaired in a way that makes them safely usable,” Coppola-Wallace said. According to the current plan, the field house will be open for athletes and community members to use, as well as for alum events and Spring Fling. The College will then resume the resurfacing as planned in June. While the reopened field house will be safe from the hazardous materials found beneath the surface, the track itself still presents dangers to those who use the space. “The floor was so bad that people were actually getting injured from overuse and shin splints, so something had to be done,” Williams Outing Club (WOC) Director Scott Lewis said. Because the field house was built in 1970, numer-

ous repairs have been required over the years, making the building a challenging space for those who use it. The construction team has not been the only group forced to adapt to the difficulties of the renovation. A wide variety of sports and club teams, both in and out of season, have faced issues with practice time and space due to the extended closure of the building. Pete Farwell ’73, head cross country coach and assistant men’s and women’s track coach, explained the adjustments runners have made without access to an indoor track. During the cross country season in the fall, athletes had to shelter in the hockey rink due to inclement weather. In the winter season, the track teams have continued to make use of the hockey rink and Lasell Gymnasium as alternative practice spaces. “That challenge is even more severe,” Farwell said. “They had to bring in lots of mats so they could bound and high jump pits and things but there’s not very much room... They’re building a raised runway and then putting mats over it in Lasell Gym.” Farwell also recognized the hard work of facilities staff in moving bleachers back and forth to clear spaces for practice. Despite the track team’s lack of a track, Farwell expressed hope for the team’s prospects. “I think the team again has been very adaptive and positive and really going at it, and we had some continued on 05

WHAT’S INSIDE 3 OPINIONS

7 FEATURES

8 ARTS

10 SPORTS

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Jan. 23, 2019: Proposed changes to Title IX rules could impact campus policy by The Williams Record - Issuu