1. Title IX The Human Resource Challenge for Higher Education

2. What is it? Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. Colleges and universities receiving any federal financial assistance must comply with this law. http://www.ed.gov)http://www.ed.gov

3. Important Topic for Higher Ed. Title IX - long been associated with parity in athletic funding for both male and female athletes Covers far more than athletics Is Associated with many other laws and guidelines

4. Campus Sexual Misconduct Laws Associated with Title IX Clery Act – Collecting and Reporting on Campus Crime Dear Colleague Letter 2011 - From the U.S. Department of Education outlined guidelines regarding sexual harassment and sexual violence Campus SaVE Act (Sexual Violence Elimination) –Amended Clery Act - must report sexual violence Title VII - Prohibits Discrimination in all aspects of employment –Sexual Harassment a form of gender discrimination VAWA (Violence Against Women Reauthorization Act) 2013 –Created new requirements for the Clery Act (U.S. Department of Education Office of Civil Rights)

5. Wake up Call - NY Times article about Hobart and William Smith College: Reporting Rape, and Wishing She Hadn’t: How One College Handled a Sexual Assault Complaint By WALT BOGDANICH– July 12, 2014WALT BOGDANICH - 124 Colleges and Universities under investigation for Title IX violations relating to mishandling of sexual assaults. (As of July 2015) (U.S. Department of Education Office of Civil Rights) -Vanity Fair article: Inside Stanford Business School’s Spiraling Sex Scandal: The prestigious school’s sexual-harassment policies proved to be no match for a litigious love triangle involving the dean and two married professors BY DAVID MARGOLICK - December 2015DAVID MARGOLICK

6. Implications for Colleges and Universities The most recent laws and regulatory guidance (2011-2014) call for campuses to comply with Title IX requirements, and enhance their prevention and response efforts. Name a Title IX Coordinator

7. Focus Areas Policies and procedures Training and education

8. Evaluation of Current Policies Keuka College developed and approved its sexual harassment policy in 1994 Minor modifications made in 2004 and 2012 Narrow focus on sexual harassment, as traditionally defined under Title VII of the Civil Rights Act of 1964.

9. Findings Many conflicting policies Unclear language Involved multiple administrative departments Inconsistency between employee roles (Faculty vs. Staff)

10. Organizational Response Formed a College-Wide task force with representation from faculty, staff, and administration, whose objective was to implement clear, strong, and consistent policies and procedures that comply with the applicable laws.

11. Policy Recommendation An umbrella policy & procedure document that: –is referred to as the “Civil Rights Equity Resolution Policy & Procedure” –based on model developed by ATIXA (Association of Title IX Coordinators), –complies with all of the applicable laws, and –affords Keuka College with ongoing legal updates.

12. Policy Distinctions Noteworthy distinctions between Keuka College’s current policies and the new policy are as follows: –The model creates one set of policies and procedures for managing all types of civil rights-based complaints. –It covers everyone equally with the same kind and degree of protection of their rights. –Faculty grievances based on academic freedom would continue to follow the process outlined in the Faculty Handbook; however, equity-based faculty grievances would follow the new procedure. No additional due process is afforded to any party outside of the procedures contained in the ERP document.

13. Benefits of Policy Unification Allows consistent sanctions and responsive actions for the same types of misconduct, whether it is committed by a student, faculty or staff member. Fosters collaboration across the departments that are stakeholders, including human resources, student affairs, and academic affairs while retaining their needed voice in the resolution process. Critically, a unified process can also be essential to the detection and tracking of patterns of misconduct, to limit the frequency of repeat offenses that vex campuses.

14. TRAINING & EDUCATION The College required to provide role-based training to the following groups: –Title IX Coordinator (Director of HR) –Title IX Investigators –First Responders –Equity Resolution Panel –Responsible Employees –All incoming students –All newly hired employees –Existing students and employees

15. Title IX Resources http://titleix.keuka.edu/ Implemented mandatory online sexual harassment training for all employees

16. Issues Some faculty concerns over HR involvement in Faculty matters – Complaints handled by:Title IX Coordinator Understanding the difference between Duty to Report and Mandatory Reporting Disagreements with the Laws

17. Moving Forward Litigation is a reality Human Resource Departments have grown in importance Budgets will be impacted Higher Education is not immune from Employment Law

18. Questions? Thank you