Tag Archives: Title IX

2016-17, Announcement, Blog

US16/17-07: Student Sexual and Gender-Based Harassment and Violence Complaint and Response policy proposal

5 Comments

Date of Notice:10/16/2017
Current Status:  Approved 04/12/2017
Motion type: Policy Proposal
Sponsor: Senate Responsible Reporting Work Group

Motion:

Section I

1.1   WHEREAS, it is important that students, faculty, and staff clearly understand options available for dealing with instances of sexual and gender-based violence; and

1.2   WHEREAS, seeking assistance and reporting are two such options; and

1.3   WHEREAS, existing University of Oregon policy on these matters was last adopted in 2004; and

1.4   WHEREAS, new guidance has been provided by the U.S. Department of Education¹s Office of Civil Rights, especially since 2011; and

1.5   WHEREAS, the University President enacted an emergency policy in February 2016 on these matters; and

1.6   WHEREAS, Title IX of the Education Act of 1972 was adopted to ensure equality in education and to remove gender-based impediments to academic success; and

1.7   WHEREAS it is clear that academic success is an academic matter as commonly understood in education; and

1.8   WHEREAS, the University Senate voted against a proposal for a permanent policy that a committee offered in May 2016; and

1.9   WHEREAS, the University President enacted a new emergency policy in August 2016 on these matters while encouraging the Senate to continue its work on a permanent policy; and

1.10   WHEREAS, the Responsible Reporting Work Group (RRWG) includes faculty, students, and administrators who have worked collaboratively to write a new policy, including consultation and public forums with others concerned with a potential policy; and

1.11   WHEREAS, the RRWG developed the following statement of principles to guide its work:

1) Be consistent with the core mission of the UO
2) Be based on data, when that data exists.
3) Be guided by the spirit of Title IX: to protect educational equity.
4) Do no harm.
5) Recognize that student survivors are adults and have autonomy.
6) Respect academic freedom.
7) Protect from liability University employees who are acting pursuant to the policy.
8) Stay grounded in the reality of how the University deals with reports of sexual violence.
9) Be cognizant of the legal and national context in which the policy will operate;

Section II

2.1   THEREFORE BE IT RESOLVED, that the following policy be adopted by the University Senate and forwarded to the University President for his consideration and approval (see Related Documents section):

Financial Impact:

The overall financial impact is uncertain. Implementing the policy will involve employee training, but training is already required under the law and existing policy.  The existing safe.uoregon.edu website will need updating, but UO already has knowledgeable staff for this work. The policy recommends, but does not require, that UO provide an reporting escrow system, at an unknown cost. On the other hand, by establishing reasonable reporting rules for employees we expect, but cannot ensure, that it will reduce UO’s exposure to legal damages related to non-compliance.

Related Documents:

Proposal: April 2017

2016-17, Blog, Policies

Sexual Assault Reporting Forum

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Sponsored by the Senate Responsible Reporting Work Group

Friday, September 30 from 1-2:30 pm in 150 Columbia

Purpose: to gather student input to help the work group develop a university policy about supporting survivors and reporting sexual assaults

Come to the forum.  Learn what the work group is discussing. Share your perspective directly or anonymously. Join the conversation on this blog.

Agenda:

  1. Introduction of the work group
  2. Review of the key issues and how we’ve gotten to this point

Who on campus should be required to notify our Title IX Coordinator when they learn of a sexual assault?

If you tell an administrator, faculty member, or staff person about a sexual assault, what do you expect them to do?

Do we have enough confidential resources on campus where a sexual assault survivor can get help without having to formally report the incident?

If you experienced sexual assault and someone reported it confidentially, would you  want that confidential person to contact you and offer support resources?

3.           Student comments to the work group.

Information about support resources on campus will be available.

 

 

Communications

Notice of Temporary Policy

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Begin forwarded message:

Dear Colleagues,

President Schill has approved emergency policy V.11.02 and associated changes to UO’s grievance policy and discrimination policy relating to the prohibition of discrimination and the process for responding to reports of prohibited discrimination. These temporary changes will be in effect for 180 days and provide needed clarification of who is a “responsible employee” and therefore required to report prohibited discrimination, including sexual harassment.

In summary, the emergency policy:
· Reinforces the expectation that all employees are required to communicate reports of prohibited discrimination, including sexual harassment and sexual violence, to:
o The Title IX Coordinator;
o The Office of Crisis Intervention and Sexual Violence Support Services; or
o The Office of Affirmative Action and Equal Opportunity.
· Clarifies that the following offices are “confidential resources” that can help connect students and employees with support services and help them navigate their options, without being required to report the alleged misconduct:
o The Office of Crisis Intervention and Sexual Violence Support Services;
o The University Health Center;
o Ombudsperson; and
o The University Counseling Center.
· Provides clarification regarding when a report made in a privileged context does not trigger a duty to report, including:
o Reports made to an attorney in the context of providing legal counsel (such as student legal services);
o Reports made by unit members to a steward of their union;
o Information shared in a public awareness event (such as “Take Back the Night”);
o Information received during an IRB approved research project; and
o Reports made by students in the context of an academic assignment.
· Provides a pathway for certain faculty or staff to receive training and authorization from the Title IX Coordinator to be exempt from the reporting requirement.

This emergency policy reflects the input of the University Senate’s Committee on Sexual and Gender-Based Violence, and incorporates many thoughtful suggestions made by stakeholders in three separate meetings of the senate as it debated, but was unable to enact a permanent policy this past spring.

President Schill and I have asked the senate to return to the task and make modifications that reflect sound policy and remain compliant with our legal obligations under Title IX. To that end, University Senate leadership have appointed a working group, led by Knight Professor of Law, Merle Weiner, to seek broader consensus on a legally sufficient policy.

It is my hope that the senate can run an open and transparent process, one that relies on subject-matter experts and finds a careful balance between supporting a student’s control of whether to initiate a formal response to an incident of sexual harassment or prohibited discrimination and the university’s need to receive information necessary to stop and prevent discrimination. If the senate once again is unable to pass a policy, or if the policy it crafts does not meet minimum legal requirements, the president will be prepared to act at the end of the 180-day life of this emergency policy.

Sincerely,

Kevin Reed
Vice President and General Counsel

2016-17, Announcement, Blog

The Senate Responsible Reporting Working Group

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We’ve set up a working group to rewrite the Responsible Employees Policy, as follows. It is a small group, but it will consult with all Senate constituents.

Charge:

The Senate Responsible Reporting Working Group is tasked with drafting a new Responsible Employees Policy for the Senate and Administration to consider as a replacement for the current emergency policy. The working group will follow the Senate’s normal open meetings rules, and will solicit input broadly from the Administration, the Senate, and the university community, and will hold at least one town hall type meeting for this purpose. The working group may seek outside advice, particularly on considerations involving compliance with applicable laws and regulations. The draft policy sent to the Senate will be accompanied by a document explaining the rationale for the recommended rules and procedures.

Membership:

  1. Merle Weiner, Professor, Law (Chair)
  2. Phyllis Barkhurst, OA, Director of 90by30, Co-Director of the UO Center for the Prevention of Abuse and Neglect
  3. Jennifer Freyd, Professor, Psychology
  4. Bill Harbaugh, Professor, Economics
  5. Darci Heroy, OA, Interim Title IX Coordinator
  6. Melissa Barnes, Psychology (grad student)
  7. Mckenna O’Dougherty, Women & Gender Studies (undergraduate student)

General Council Kevin Reed’s 8/19 email:

Dear Colleagues,

President Schill has approved emergency policy V.11.02 and associated changes to UO’s grievance policy and discrimination policy relating to the prohibition of discrimination and the process for responding to reports of prohibited discrimination. These temporary changes will be in effect for 180 days and provide needed clarification of who is a “responsible employee” and therefore required to report prohibited discrimination, including sexual harassment.

In summary, the emergency policy:

  • Reinforces the expectation that all employees are required to communicate reports of prohibited discrimination, including sexual harassment and sexual violence, to:
    • The Title IX Coordinator;
    • The Office of Crisis Intervention and Sexual Violence Support Services; or
    • The Office of Affirmative Action and Equal Opportunity.
  • Clarifies that the following offices are “confidential resources” that can help connect students and employees with support services and help them navigate their options, without being required to report the alleged misconduct:
    • The Office of Crisis Intervention and Sexual Violence Support Services;
    • The University Health Center;
    • Ombudsperson; and
    • The University Counseling Center.
  • Provides clarification regarding when a report made in a privileged context does not trigger a duty to report, including:
    • Reports made to an attorney in the context of providing legal counsel (such as student legal services);
    • Reports made by unit members to a steward of their union;
    • Information shared in a public awareness event (such as “Take Back the Night”);
    • Information received during an IRB approved research project; and
    • Reports made by students in the context of an academic assignment.
  • Provides a pathway for certain faculty or staff to receive training and authorization from the Title IX Coordinator to be exempt from the reporting requirement.This emergency policy reflects the input of the University Senate’s Committee on Sexual and Gender-Based Violence, and incorporates many thoughtful suggestions made by stakeholders in three separate meetings of the senate as it debated, but was unable to enact a permanent policy this past spring.President Schill and I have asked the senate to return to the task and make modifications that reflect sound policy and remain compliant with our legal obligations under Title IX. To that end, University Senate leadership have appointed a working group, led by Knight Professor of Law, Merle Weiner, to seek broader consensus on a legally sufficient policy.

    It is my hope that the senate can run an open and transparent process, one that relies on subject-matter experts and finds a careful balance between supporting a student’s control of whether to initiate a formal response to an incident of sexual harassment or prohibited discrimination and the university’s need to receive information necessary to stop and prevent discrimination. If the senate once again is unable to pass a policy, or if the policy it crafts does not meet minimum legal requirements, the president will be prepared to act at the end of the 180-day life of this emergency policy.

    Sincerely,

    Kevin Reed
    Vice President and General Counsel