1. Title IX Sexual Misconduct on Campus: An Evolving Landscape
Jennie Stewart, ADA and Title IX Coordinator, Louisiana State University Enterprise
M1 | February 4, 2019

2. Introduction Title IX. Where did it start. Evolution
Introduction Title IX Where did it start Evolution Current State Proposed Regulations Q&A

3. Where Did it Start Title IX of the Education Amendments Act of 1972 is a federal law that states: "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.“ Public Law No. 92‑318, 86 Stat. 235, codified at 20 U.S.C. §§ –1688

4. Evolution of Title IX. Girls got to play sports
Evolution of Title IX Girls got to play sports Bathroom access re gender identity Sexual assault Interpersonal violence, stalking, sexual harassment, video voyeurism, sexual abuse and more Pregnancy and delivery Arrangements not, but akin to, disability accomm. All of the above plus more when gender based

5. Current State. Proposed Rules. -Comment period closed 1/30/19
Current State Proposed Rules -Comment period closed 1/30/ ,966 comments submitted -Review of comments -Prep of Final Rule, Interim Final Rule or Direct Final Rule - Review of rule above -Publication of above The Reg Map – Informal Rulemaking

6. Proposed Regulations (from initial publication) -Deliberate indifference standard from Gebser, Davis; “clearly unreasonable” standard Lower burden on institutions -Sexual harassment definition more narrow -”Actual knowledge” of institution more limited – circle of responsible reporting required is more limited (floor, not ceiling) SAFE HARBORS FOR HIGHER ED -Following grievance procedure is not deliberate indifference -TIX must fine when actual knowledge exists of multiple C’s -Non-V cannot force grievance procedure -Judiciary shall not second guess institutional process -No investigation necessary for matters that fall outside of campus, education program/activity

7. Proposed Regulations -Equity. Training for decision makers (no bias)
Proposed Regulations -Equity Training for decision makers (no bias) Support measures, accommodations explained -Presumption of not responsible Must include this within the notice of I -”Reasonably prompt” time frames -Must list all sanctions and standard of evidence

8. Proposed Regulations Notice and Investigation -Written notice of complaint -”Sufficient details/time” -Standard for closing cases -Cross examination -cross of other party by rep – representation -move to more legal model

9. Proposed Regulations -Standard of Evidence
Proposed Regulations -Standard of Evidence Choice – but must use one standard for ALL harassment complaints regardless of party’s affiliation -Outcomes -Must include sections of policy violated, description of procedural steps, finding of fact, conclusion, rationale for each allegation -Information Resolution – may include mediation with consent and written notice

10. Proposed Regulations -Interim/Emergency separation requires notice and opportunity to challenge decision -Can’t interim suspend without reason, notice and opportunity to move forward within a reasonable time -No indefinite holding pattern as of previous concern -Can place non-student on admin leave during Investigation

11. Additional Points -Case law driving change -Training -Follow your process -Partners on campus Legal Counsel HR Student Conduct Equity Office Victim Services/Advocate TIX

12. Jennie Stewart, JD Title IX, ADA and Clery Coordinator LSU A&M and Enterprise