Title IX: an overview of the process
Photo by Rhianna Barrow
WARNING: The following article contains content regarding sexual assault.
In the wake of a former university faculty member’s arrest, alumni and current students took to social media to raise concerns about how sexual misconduct reports on campus are handled.
In an Oct. 5 statement to the Lee Family, Lee University President Dr. Mark Walker addressed the issue further, noting the seriousness of the allegations.
“Our students’ well-being is of utmost importance to Lee. We take seriously any allegations of sexual misconduct, thoroughly investigating each case according to the Title IX regulations issued by the U.S. Department of Education,” Walker stated.
Lee’s Office of Student Care handles all Title IX issues, including sexual assault, harassment and discrimination based on sex.
“We take concerns of sexual harassment seriously on this campus. We have policies and protocols in place to support students who feel like our policy has been violated,” Title IX Coordinator Brittany Gates said, when interviewed for a September 22 article about nationwide changes to Title IX. “We immediately want to connect students to supportive resources.”
Lee also noted that the policies and protocols have been updated and strengthened in recent years according to the Title IX regulations issued by the U.S. Department of Education.
The process
Students who witness a Title IX violation should contact Gates to file a report or use the online reporting tool in Portico. There are no time limitations on reporting sexual misconduct to the Title IX coordinator.
In Lee’s Title IX policy, the university states that after the sexual harassment report has been filed, the Title IX coordinator will promptly offer supportive measures to the student filing the report and provide them with a notice of their rights and options. Also, the coordinator will “explain the process for filing a formal complaint.”
If a student chooses to file a formal complaint, an investigation process is initiated to determine if the individual that has allegedly violated the Title IX policy is found responsible for this. Depending on the outcome of the investigation, sanctions can be considered when a finding of responsibility occurs.
If a student chooses not to file a formal complaint, they still have access to supportive measures and can move forward with a formal complaint at any point during their time as a student. Since Lee’s Title IX process is an institutional process, students have a right at any point to pursue their experiences through police or law enforcement processes.
“When I receive notice of a potential incident of sexual harassment, I reach out to the individual to discuss what supportive measures might be helpful for them at that time and implement those as quickly as possible,” Gates said. “Supportive measures are available regardless of whether a student wishes to file a formal complaint to initiate an investigation.”
According to Lee’s Title IX policy, these measures can include restrictions on contact, course-schedule or work-schedule alterations, changes in housing, leaves of absence or increased monitoring of certain areas of campus.
In the formal complaint process for Title IX, both parties will receive a written Notice of Allegations and notice of any scheduled meetings or hearings. After an investigation, any allegations that were not dismissed or informally resolved will move on to a hearing stage.
Informal resolution
Reasons for dismissal are specifically outlined in Title IX policy and deal with alleged conduct not meeting the qualifications of sexual harassment, the complainant withdrawing their complaint, the respondent no longer enrolled or employed by the university, or if there is a specific reason preventing the university from “gathering evidence sufficient to reach a determination,” according to the policy. Complaints can also be dismissed if the conduct did not occur in a school educational program or activity or within the United States.
Lee University has a separate non-Title IX policy to address complaints that fall outside Title IX preview but still affect students.
When a hearing is concluded, the appointed decision-makers will meet privately to determine the outcome, based on the preponderance of evidence standard (more likely than not). The chair of the group will then provide each party with a written determination of the complaint.
At any point after a formal complaint has been filed, and before a decision regarding responsibility has been reached, the parties involved may voluntarily agree to participate in an informal resolution facilitated by Lee University. The informal resolution process is not permitted to resolve sexual assault or harassment allegations between faculty and students.
“Types of informal resolution include, but are not limited to, mediation, facilitated dialogue, conflict coaching and restorative justice and resolution by agreement of the parties,” states the Lee Title IX policy.
Before entering the informal resolution process, Lee University will provide both parties with a written notice disclosing the allegations, the requirements of the informal resolution process and the consequences resulting from the informal resolution process.
The records will be maintained for seven years, but will not be used by investigators if the formal grievance process resumes, according to Lee’s Title IX policy.
Prevention and awareness
“While the institution is committed to supporting victims of harassment and discrimination and providing appropriate disciplinary consequences to those engaging in such behaviors, it strives to prevent incidents from occurring in the first place,” states the Lee University website.
In an effort to educate campus about Title IX, Gates led a faculty seminar in August, reviewing the policies and procedures. The university also offers students a prevention and awareness program.
An additional concern for students may be fear they are setting themselves up for a report of misconduct if an investigation into their assault leads to the disclosure of their behavior violating the Community Covenant. This is not the case, according to Gates.
“Students with concerns regarding the Community Covenant … have brought forward their concerns, and their situations were dealt with without being referred for discipline,” said Gates regarding processes in the Office of Student Care.
According to the National Sexual Violence Resource Center, more than 90% of sexual assault victims on college campuses do not report the assault. In addition to handling the reporting and investigation of allegations, Gates has additional resources to help students process what has happened to them.
“The Office of Student Care is here and available to support students, help them identify resources that would benefit them and assist in connecting them to those resources directly,” said Gates.
Visit Lee’s Title IX website to learn policy and procedure or make a Title IX report. Brittany Gates can be reached at 423-473-3817 or bgates@leeuniversity.edu. Students may also contact the Lee University Counseling Center at 423-614-8415.
News Editor Anna Shand and Editor in Chief Ashley Smith also contributed to this story.
