On Jan. 10 at Davis Auditorium, a review and analysis of the Title IX proposed regulations from the U.S. Department of Education (ED) took place. During the educational presentation intended for students, staff and the DU community, the speakers described the Notice of Proposed Rulemaking (NPRM) from the Department of Education and compared those regulations with the current Title IX policies and procedures by which DU is abiding.

Laura Maresca, J.D., Vice Chancellor of Human Resources & Inclusive Community was the first to speak and began the discussion by reviewing Title IX and reminding the audience that the NPRM are currently only proposed regulations that are not or may not yet be adopted in whole, part or at all.

“DU remains committed to our values to creating a supportive educational and working environment and to promptly address discrimination and harassment. If in the future the NPRM is adopted, I want to let you know that we have every intent of implementing those adoptions in a way that is very thoughtful and is consistent with our values as an institution,” said Maresca.

According to the Title IX regulation fact sheet proposed by the ED, these are the main points of how schools are to respond to sexual harassment and assault.

• The proposed regulation includes a definition of sexual harassment that would be actionable under Title IX:                   

1. An employee of the University conditioning the provision of an aid, benefit or service of the University on an individual’s participation in unwelcome sexual conduct (quid pro quo);
2. 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 University’s education program or activity; or
3. Sexual assault as defined by the Clery Act, “an offense that meets the definition of rape, fondling, incest or statutory rape.”

• Schools would be obligated to respond when the school has “actual knowledge,” of the sexual harassment, the event occurred in the school’s own “education program or activity” and was against someone in the U.S.
• Schools are liable under Title IX when it is “deliberately indifferent” to the event. In other words, its response is, “clearly unreasonable in light of known circumstances.”
• It is required that schools investigate every formal complaint and respond meaningfully to every report.
• Schools must value, “supportive measures designed to preserve or restore access to the school’s education program or activity,”
• And when schools discover who’s responsible, it is required that there be, “remedies designed to restore or preserve access to the school’s education program or activity.”

 

The fact sheet also mentions that the NPRM requires due process protection in order, “to achieve fairness and reliable outcomes.”

The presentation was about 45-minutes long and was hosted by: Maresca, Beth Robischon, J.D., Associate General Counsel, Monica Reynoso, J.D., Interim Director of Equal Opportunity and Molly Hooker, Interim Director of Title IX. For a more in-depth look at how the proposed regulations differ from DU’s current policies, two more presentations are scheduled for students, staff and the DU community—one on Tuesday, Jan. 22 at 11 a.m. at the Daniel College of Business (room 340) and another on Monday, Jan. 28 at 9:30 a.m. in Margery Reed (room 203).

The presentation concluded with Maresca describing the next steps for DU as the NPRM continues being in consideration. The university will continue to monitor the rulemaking process and the Title IX office will update its website with developments as they occur. DU will continue communicating with peer institutions and plans to engage third-party experts regarding the impact of the proposed and final regulations.

Maresca also mentioned that, ideally, they would solicit input from a small advisory group of stakeholders including students and faculty to assist with revisions to the Title IX procedures. Depending on the effective date on potential final regulations, Maresca also mentioned that DU may need to implement interim Title IX procedures to address required changes.

DU students, faculty and community members are welcome to submit comments to DU about these proposed changes through the university’s Office of Equal Opportunity & Title IX website. To report an incident, get help or review DU’s policies and procedures, one can visit the Title IX section of that same site.