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Early Bird
New Title IX regulations
Learn more about revisions to MSU Denver policies and procedures.
November 30, 2020
The U.S. government has issued new regulations related to Title IX, a federal statute that prohibits discrimination on the basis of sex at all educational institutions. Metropolitan State University of Denver remains committed to creating and maintaining educational and professional environments free of all forms of discrimination, including sexual harassment and sexual assault, and discriminatory harassment.
However, these new federal regulations have required all colleges and universities to make changes to their respective policies and procedures, including MSU Denver. What has not changed is that all cases of sexual misconduct and discrimination on the basis of sex, gender or gender identity will continue to be taken seriously, investigated and addressed by MSU Denver. What has changed is how these cases will be labeled; fewer will be classified as “Title IX cases” under the federal statute.
All Title IX cases now will be investigated by Raúl M. Sánchez, executive director of the Office of Equal Opportunity and Title IX coordinator. This is a change from our previous model, in which all Title IX cases in which a student was accused of sexual misconduct (a respondent) were investigated by the Dean of Students Office. Under the new regulations, cases that may be classified as Title IX cases must:
- Involve unwelcome sexual conduct determined by a reasonable person to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to the University’s education program, activities or employment;
- Occur in the United States; and
- Occur while the person filing a complaint (the complainant) is participating in, or attempting to participate in, an education program or activity of the University.
Cases involving sexual misconduct that are not classified as Title IX cases and involve student respondents will be investigated and adjudicated by staff within the Dean of Students Office. Cases involving sexual misconduct that are not classified as Title IX and involve faculty or staff as respondents will be investigated by the Office of Equal Opportunity.
The new Title IX regulations seek to ensure the fair treatment of every person accused of sexual misconduct under Title IX. The new regulations:
- Define sexual harassment to include sexual assault, dating violence, domestic violence and stalking as unlawful discrimination on the basis of sex;
- Provide a framework on which complainants, respondents and schools can rely;
- Require schools to offer clear, accessible options for any person to report sexual harassment;
- Empower complainants to make decisions about how a school responds to incidents of sexual harassment;
- Require schools to offer supportive measures such as class reassignments or no-contact orders;
- Uphold all students’ rights to written notice of allegations, the right to an advisor and the right to submit, cross-examine and challenge witnesses and evidence at a live hearing;
- Provide provisions that allow complainants to appear at hearings remotely and disallow complainants or respondents from asking questions directly of one another;
- Require schools to select one of two standards of evidence – the “preponderance of the evidence” standard or the “clear and convincing evidence” standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty. (MSU Denver has maintained its selection of the “preponderance of the evidence” standard, which means that facts are proven on a “more likely than not” basis.);
- Provide protections against a complainant’s prior sexual behavior being used as defense and ensure that no one is required to divulge any medical, psychological or similar privileged records;
- Require schools to offer an equal right of appeal for both parties;
- Give schools flexibility to use technology to conduct Title IX investigations and hearings remotely;
- Seek to safeguard First Amendment rights of all parties; and
- No longer require faculty to report Title IX violations (however, MSU Denver policies still require all employees, including faculty, to report sexual misconduct).
Students affected by sexual misconduct can find assistance on campus. The Phoenix Center at Auraria is a free and confidential resource available to all Auraria students, faculty and staff who have been affected by interpersonal violence (relationship violence, sexual assault and stalking), as well as their friends and families. The PCA also can help individuals understand how the Title IX rules have changed. The PCA can be reached 24/7 on its crisis line, 303-555-CALL (2255), or during business hours at 303-315-7250.
Students can receive mental-health support through the MSU Denver Counseling Center. Roadrunners can reach the Counseling Center by calling 303-615-9988 during business hours or 24/7 at 303-615-9911. Additionally, the Student Care Center offers case-management support, which includes helping students to identify campus and community resources. The Student Care Center can be reached at 303-615-0006.
All Roadrunners are encouraged to review MSU Denver’s new Title IX Policies and Procedures:
CLICK HERE for the Policy for Discrimination, Harassment, Sexual Misconduct, Title IX and Retaliation.
CLICK HERE for the Procedure for Title IX.
CLICK HERE for the Procedure for Investigating and Responding to Complaints of Discrimination, Harassment and Retaliation.
The U.S. Department of Education also launched a new website that provides a one-stop resource for information on the new Title IX regulations, including how to file a complaint, an overview of the rules’ protections for complainants and respondents in sexual-misconduct cases and a detailed webinar on institutional compliance. To access the website, please click here.
For more information, contact:
The Office of Equal Opportunity
303-615-0036
303-615-0220
303-615-0006
303-315-7250
303-615-9988