What’s Happening with Title IX?

NC State Belltower

On November 16, 2018, the U.S. Department of Education, led by U.S. Secretary of Education Betsy DeVos, issued proposed changes to Title IX that could affect how schools handle allegations of sexual harassment and assault. The announcement sent colleges and universities scurrying to learn more about potential changes to their policies and processes, but as of today, the law has not yet changed.

In the months since the announcement of proposed changes, NC State has responded with several related activities, including holding a public forum on campus on January 7, 2019; assisting students, faculty and staff in writing and submitting comments during the 60-day public comment period that ended on January 30, 2019; and keeping the campus informed about new developments.

From NC State’s response:

“NC State has routinely reviewed and updated the university’s Title IX processes in order to comply with federal law and provide better services to faculty, staff and students. At this time, we will not be making changes to our university Title IX processes until the proposed changes to the Title IX regulations have been finalized. After the regulations have been finalized, NC State will make any needed changes to comply with federal law. However, it is important to note that many of the federal requirements put forth a minimum compliance mandate. Therefore, in some areas NC State may have the ability to exceed federal requirements and provide additional protections for our students, staff and faculty.”

Some of the proposed changes include the definition of sexual harassment, the standard of evidence for discipline decisions, the inclusion of mediation as a resolution option and under what conditions an institution would be obligated to respond to a complaint under Title IX. The new rules would also allow cross-examination by a party’s advisor.

Activities continue as we prepare for possible future developments. See Title IX Updates for 2019 for a complete timeline of activities at NC State since the release of the proposed regulation changes.