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Notes from It’s On Us Town HallMay 8, 2020Will be recorded and shared with attendees; will sort through and respond to remaining question, share them out with answers and resources. Working with Know Your IX, Women’s Law CenterTalked about choice to impose regulations at this time, exacerbating challenges facing school, completely revamping due to new rulesReviewed rule change processKey changes and implications (at this point; 2000 page document, will take time to read through completely)Definition:In new rules, sexual harassment includes SVDV and stalkingUnder Title IX narrows definition of sexual harassment (severe and persistent) and mandates dismissing complaint that don’t meet this standard even if proven to be trueSchools responsible to investigate only within institutional activitiesOnly those filed through a formal process and those with authority to take action – school is not responsible for taking action otherwiseMay be a “retroactive” piece that occurs – anyone outside of Title IX coordinator, etc., not deeming university put on notice.New requirements for processes:Required to hold live hearingsParties can be cross examined by advisor of choiceDoes not have to be a lawyer, no limitation of what that can be – could be anyone with a vested interest (parent, frat brother, etc.)Questions about sexual behavior barred unless: record used only with voluntary consent, only relevant questions answered and must be determined before askingBans retaliationPermits schools to choose evidentiary standard, but must use the same in other disciplinary processes (preponderance or clear/convincing) – WAIT can use different standard for sexual misconduct that for others?Not required to adopt uniform definition/standard of consentPermitted to use mediation to address sexual harassment violationsWe are required to allow cross examinationNot meeting threshold – can seek support services, schools not responsible for investigation – can do through general student conduct?Rules qualify in them that if the fraternity is officially recognized by the school, school if required to take action if in a “house” – what about just a group living together rather than a formal house? NOPE – not technically on campus or school sanction/recognizedSchool sanctioned activityOnly in United States, not in international watersLive hearings a requirement – mandated part of processAdvisor is student’s choice – could be lawyer, parent, coach, faculty, no specification, limitationAllows for Skype, Google hangout from separate roomsReporting under Clery Act?Retroactive – should not for anyone with an ongoing case for right nowApplies to online harassment and all crimes in VAWA (now included, which was not initially in proposed rules)Changes apply to public and private universities participating in federal fundingReligious exemption rules for schools around title IX and gender equity – sorting that out. Don’t have to tell students they are taking that religious exemption.Additional restriction re: accused students:Provide supportive measures to accused studentsWritten assurance that they are not responsible until found otherwise; no equivalent letter for survivorsNo action until end of the caseDo have the right to remove accused student if considered an ongoing threatSchools only legally culpable if “deliberately indifferent”*******************************************************August 14 deadline for rule to take effectConsidering doing in incoming weeks – National Day of AdvocacyCollaborating with Platform – political training and advocacy group making sure all voices are heard Our Voice 2020 listening tour student 18-24 years old, including student survivors. June 10, 4 – 5:30 info@FAQ’s – Know Your IXWill provide range of optionsShe Will Speak series - Cheyenne Jacobs (End Rape on Campus speakers bureau) ................
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