Title IX News

September 10, 2021

Recently, a federal court ruled that one part of the Department of Education’s 2020 federal Title IX regulations was “arbitrary and capricious” and set it aside. The Department of Education then issued a letter stating that the Department would immediately stop enforcing that part of the 2020 Title IX regulations. UW will similarly stop enforcing that arbitrary and capricious provision.

Before it was deemed unlawful, this provision—sometimes called the “suppression provision”—prevented a decision maker (at UW, the hearing officer) from considering as evidence any statements a party or witness made outside of the hearing unless that party or witness testified and answered all questions asked of them during a hearing.

UW included this provision in the Student Conduct Code (WAC 478-121-675(1)) and Executive Order No. 70, the code and policy that were implemented at UW to comply with the 2020 federal Title IX regulations. However, this code and policy apply only when the regulations are deemed enforceable by law and/or by United States courts.

Going forward, the suppression provision will no longer be enforced. A UW hearing officer may now consider statements a party or witness made outside of the hearing—such as to an investigator or in a text message—so long as those statements are considered relevant, admissible evidence even if/when that party or witness does not testify. If a current investigation includes allegations of conduct prohibited by the federal Title IX regulations, parties will be notified immediately of this change.

 

March 9, 2021

President Biden issued an executive order on March 8, 2021 guaranteeing an educational environment free from discrimination on the basis of sex, including sexual orientation or gender identity. The order requires a review of all agency actions that may be inconsistent with this guarantee and specifically references the Title IX regulations that were issued by the Trump administration in 2020.

The Executive Order further requires that the review occur within 100 days and that the Secretary of Education shall consider suspending, revising, or rescinding—or publishing for notice and comment proposed rules suspending, revising, or rescinding—these regulations and other agency actions that may be inconsistent with the guarantee of an educational environment free from discrimination on the basis of sex, including sexual harassment, which encompasses sexual violence.

The March 8 executive order and 100 day review are the first steps toward potential changes to the 2020 Title IX federal regulations. The Office of the Title IX Coordinator will be monitoring this process closely. As information becomes available that may affect UW policy or practice, we will provide updates to this post.

December 7, 2020

The Office of the Title IX Coordinator has received numerous questions about what we expect given the outcome of the 2020 presidential election.  We don’t have any “insider information” about who President-Elect Biden will select as the Secretary of Education, but we have read the news articles many of you have also read in which President-Elect Biden has referred to ending the federal Title IX regulations issued by Secretary DeVos.

We anticipate that the federal Title IX regulations will, again, change; however, the same Notice-and-Comment Rulemaking procedure utilized by the Department of Education led by Secretary DeVos will likely need to be employed. The Notice-and-Comment Rulemaking procedure is time consuming. The Department of Education under Secretary DeVos—after expressing its intent to change federal Title IX regulations in September 2017—issued its notice of proposed rulemaking (NPRM) in late November 2018 and accepted comments until January 30, 2019. Over 124,000 comments were received, and it took the Department of Education until May 6, 2020, to respond to each of the comments and issue its final rule which was officially published on May 19, 2020. Thus, the formal Notice-and-Comment Rulemaking procedure from start to finish was approximately 18 months.

It is also possible that rather than utilize Notice-and-Comment Rulemaking, Congress may be able to act to change the Title IX regulations. Congress’s ability to take that approach will likely be dependent on what occurs in the U.S. Senate, which will—in part—be determined by the upcoming run-off elections in Georgia. Even then, as long as the filibuster exists, there would be a sufficient number of Republican senators to prevent the Senate from voting on changes to Title IX regulations.

We have read and heard, like many of you, that the Department of Education’s Office for Civil Rights may not enforce the new/current federal Title IX regulations that went into effect August 14, 2020. Even if this becomes the case, the regulations would remain law and would be enforced by courts, should any educational institution be sued by an individual complainant or respondent. To that end, the University of Washington will be required to comply with the 2020 federal Title IX regulations so long as they remain codified and effective law in the Code of Federal Regulations.

October 22, 2020

Dear UW Students:

Title IX is a federal gender equity law that prohibits discrimination based on sex or gender. New Title IX regulations from the U.S. Department of Education went into effect on August 14, 2020, which govern how educational institutions must respond to particular instances of sexual assault, sexual harassment and other forms of sexual misconduct.

Despite our concerns regarding these new rules, nothing they require will deter us from our commitment to inclusion, equity and accountability.

We invite you to join the Office of the Title IX Coordinator and other members of the UW community in a Title IX Community Conversation on October 28 or 29. The sessions will cover UW’s two-pathway approach to implementing the new regulations and how you as students can be involved as we move forward. We will then broaden the conversation beyond compliance to discuss initiatives and strategies that prioritize equity in all spaces, for everyone.

As we shared in August, the federal regulations do not apply to all sexual misconduct, but when they do, specific procedures including a live (virtual) hearing and direct cross-examination of all parties and witnesses are required. For more information, see the Title IX website, which includes:

• FAQs for all students and employees
• Support resources for any member of our community who has experienced unwanted conduct or harm
• Information about how to make a formal complaint
• Emergency and interim policies that outline the grievance procedures for complaints

Thank you for your commitment to working together to build an inclusive community that treats every member with dignity, fairness and respect.

Sincerely,

Valery Richardson
Title IX Coordinator – University of Washington

Denzil Suite
Vice President for Student Life – Seattle Campus

Tim Wilson
Dean of Student Affairs – Bothell Campus

Mentha Hynes-Wilson
Vice Chancellor for Student Affairs – Tacoma Campus

October 19, 2020

The new federal Title IX rules went into effect on August 14, 2020, and require universities to respond to particular forms of sexual misconduct in specific ways. Join us for a community conversation about UW’s two-pathway approach to implementing the rules and provide input as we review and adjust our interim policies and practices before finalizing them. We will then broaden the conversation beyond compliance with the federal rules to gender equity initiatives for folks of all identities, including prevention strategies and alternatives for responding to and addressing harassing behaviors in our UW community.

Both Community Conversations are open to UW students, faculty, and staff from all UW campuses and locations.

Wednesday, October 28
1 p.m. – 2 p.m.
Click here to register for this conversation on Zoom

–OR–

Thursday, October 29
11 a.m. – 12 noon
Click here to register for this conversation on Zoom

A confirmation with the meeting link will be sent to your UW email address. Note: the confirmation may arrive in your clutter or filtered folder.

Accommodation requests related to a disability should be made 24 hours in advance of the event to TitleIX@uw.edu

August 13, 2020

Dear University Community:

The U.S. Department of Education’s new Title IX regulations governing how educational institutions respond to sexual assault, sexual harassment, and other forms of sexual misconduct take effect August 14, 2020. In January 2019, the UW submitted detailed comments outlining our concerns with the proposed rules and provided a declaration on behalf of a multi-state lawsuit opposing their implementation. Nevertheless, barring developments that allow otherwise, the UW will be in compliance with the new Title IX regulations on August 14.

Because universities were given just 100 days to comply, we have developed emergency and interim policies and procedures which we will assess and adjust with community input over the coming months. Please contact my office at titleix@uw.edu if you would like to be part of that process.

For ongoing information, please bookmark the newly updated Title IX website, which includes:

• FAQs for all students and employees
• Support resources for any member of our community who has experienced unwanted conduct or harm
• Information about how to make a formal complaint
• Emergency and interim policies that outline the grievance procedures for complaints that meet the federal definitions and criteria
• Information for faculty and staff

It is important to note that the federal regulations do not apply to all sexual misconduct. The UW will assess each complaint to determine whether the federal regulations, UW policy, or both may apply. In short, we will continue to address all complaints regardless of where the alleged conduct occurs. It is also important to note that when the federal regulations do apply, the adjudication process will include a hearing and verbally conducted cross-examination. This is true for both student and employee matters. If you are considering making a complaint, I encourage you to contact a confidential advocate who can help you understand your options and decide what is best for your situation. If you are aware of sexual misconduct, or want to support a friend or colleague, please call SafeCampus for support and guidance. You can also contact my office at any time, for any reason.

As President Cauce communicated in May 2020, our shared responsibility to create a culture that does not tolerate sexual assault, harassment, or misconduct is undiminished. You will hear more in coming months regarding our Title IX prevention and education initiatives, our response and planning based on the 2019 climate survey, and our ongoing collaborations across the University as we work together to advance systemic change and deepen our commitment to equity and inclusion.

 

With warm regards,

Valery Richardson
Title IX Coordinator

June 12, 2020

If you weren’t able to join the June 2 or June 4 community conversation, a recording is now available of the June 2 presentation.

The video includes information about what the new federal rules require, and how UW is responding. Phase I of our response includes developing interim/emergency rules that must be in place by August 14, 2020.  After the August implementation deadline, we will enter Phase II of our response, which will allow for broader input and participation from students, staff, faculty, and the larger community. Phase II discussions and engagement will lead to final UW policies and code revisions, a process that we anticipate will culminate in Spring 2021. Please email titleix@uw.edu if you are interested in participating in Phase I or Phase II of the UW response to the new federal Title IX rules.

May 26, 2020

The new federal Title IX rules describe how the US Department of Education will define sexual harassment, sexual assault, stalking, dating violence, and domestic violence; they outline when an institution must respond to this conduct, and they prescribe how an institution must respond. Join us for a community conversation to discuss key elements of the new federal rules, what impact the rules will (or won’t) have on UW processes and services, and how you can provide input as the University prepares for the August 14 implementation date.

Both Community Conversations are open to UW students, faculty, and staff from all UW campuses and locations.

Be sure to upgrade your Zoom software to version 5 before the meeting starts.

Tuesday, June 2
12 noon – 1 p.m.
Click here to register for this conversation on Zoom

–OR–

Thursday, June 4
3 p.m. – 4 p.m.
Click here to register for this conversation on Zoom

A confirmation with the meeting link will be sent to your UW email address. Note: the confirmation may arrive in your clutter or filtered folder.

Accommodation requests related to a disability should be made 24 hours in advance of the event to TitleIX@uw.edu

May 13, 2020

Dear UW Students:

President Cauce recently communicated with the UW community regarding the new Title IX regulations  which were released by the U.S. Department of Education on May 6, 2020. The UW (and thousands of others) urged the Department of Education to take a different tack with these rules which govern how educational institutions respond to sexual assault, sexual harassment, and other forms of sexual misconduct. Despite the fact that the final rules are disappointingly similar to what was originally proposed in 2018, there is nothing in the final regulations that will deter us from our commitment to inclusion, equity, and accountability.

The University of Washington will continue to address all forms of sexual misconduct, we will continue to provide support and resources for all members of our community who experience these harmful behaviors, and we will continue to investigate and adjudicate allegations of misconduct via equitable and fair processes.

The University of Washington has already begun an in-depth review of the new rules, which go into effect August 14, 2020. Our initial statement about the new regulations includes links to a Department of Education overview and summary of the rules.  We will provide updates on our UW review process and share opportunities to engage in our implementation planning via the “Title IX News” blog on the Title IX website, and through other means. You can also contact the Office of the Title IX Coordinator at titleix@uw.edu with questions or comments.

For support resources, including contact information for confidential advocates, SafeCampus, and options for reporting all forms of sexual misconduct, please see the UW’s sexual assault resources page.

Sincerely,

Valery Richardson
Title IX Coordinator – University of Washington

Denzil Suite
Vice President for Student Life – Seattle Campus

Tim Wilson
Dean of Student Affairs – Bothell Campus

Mentha Hynes-Wilson
Vice Chancellor for Student Affairs – Tacoma Campus