UNC updated its policy for compliance under Title IX, the federal law prohibiting discrimination on the basis of sex in education, to follow federal guidelines.
The university shared a message with its campus community on Friday about the updated policy, which reflects the changes made by the U.S. Department of Education. Vice Chancellor for Human Resources and Equal Opportunity and Compliance Becci Menghini said the adoption of the new policy keeps the university compliant with the change in regulations to how schools are required to respond to allegations of sexual misconduct, harassment and violence.
The changes to the policy are the new definitions and parameters of what behaviors universities can address, which were implemented by the federal government in May. Some of the changes made by the U.S. Department of Education include narrowing the definition of sexual harassment, punishing schools for mishandling complaints only if they acted with “deliberate indifference,” and allowing students to question each other through representatives during live hearings.
Friday’s release also said the university will maintain “a preponderance of the evidence standards” in all cases of alleged discrimination and harassment, which includes sexual misconduct reports. UNC will continue using its Policy on Prohibited Discrimination, Harassment and Related Misconduct to address and apply to behaviors that now fall outside of the updated parameters in the Title IX policy.
In her message, Menghini said the university will continue to dedicate resources to improving its sexual violence prevention efforts on campus, saying the response will be guided by UNC’s “institutional values.”
“We recognize the lasting impact sexual misconduct has both on individual members of our campus and on our community as a whole,” Menghini wrote. “After reviewing the results of the 2019 AAU Campus Climate Survey on Sexual Assault and Sexual Misconduct, Chancellor Guskiewicz announced his intention to further invest in prevention and to hire a Chief Prevention Strategy Officer to oversee University prevention efforts.”
August 14 was the latest possible date for higher education institutions to adopt the federal changes.
UNC’s handling of sexual assault and harassment cases has been under scrutiny for years. In 2013, five women filed a complaint alleging the university mishandled cases and mistreated sexual assault victims. The action sparked a review from the U.S. Department of Education, which found in 2017 the university failed in its reports of campus crimes “in numerous and serious ways.” UNC also failed to comply with the Clery Act’s sexual assault prevention, response, and disciplinary requirements.
In June, the university settled with the federal government over such violations, paying out $1.5 million and resolving the multi-year review. The Department of Education is continuing to examine UNC’s response in a Post-Review Monitoring Program, which will deliver reports every six months on the university’s progression.
Menghini told the campus community UNC plans to hold a Zoom webinar in September to further discuss these policy changes and how they will impact the campus community.
To learn more about the new Title IX policy adopted by UNC, visit its web page or Equal Opportunity and Compliance’s website. Information about resources and reporting options relating to gender-based violence can be found on the Safe at UNC website.
Photo via Johnny Andrews/UNC-Chapel Hill.
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