The Article below was published in Vol. 136, Issue 2 of the Lake Forest College Stentor on October 16, 2020.
Emma Overton ’21
Editor-in-Chief and News Editor
On October 5, the first in a series of virtual sessions about the new Title IX regulations and their impact on the Lake Forest College community was held. Announced on May 6, 2020, the new Title IX regulations from the U.S. Department of Education went into effect at colleges across the country that receive federal funding on August 14, 2020.
In a May 12 email to the campus community from Vice President of Student Affairs and Dean of Students Andrea Conner, Title IX Coordinator Lashun McGhee, and Deputy Title IX Coordinator Karl Turnlund, the group noted that “Lake Forest College remains deeply committed to continuing our efforts to ensure sex and gender equity, prevent sexual misconduct, address reports and concerns in a timely manner, provide fair and impartial investigations, and offer support and resources for any students and employees involved in sexual misconduct matters.”
Title IX is a federal civil rights law which bars gender discrimination in federally-funded schools. According to the Department of Education, Title IX states that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX was historically implemented via “Dear Colleague” letters, or guidance documents from the Department of Education that are not legally binding. However, the new regulations introduce stricter legal rules for how federally-funded educational institutions respond to reports of Title IX violations. As stated in the “Guiding Principles” document from the Department of Education, “The Department previously addressed sexual harassment only through guidance documents, which are not legally binding and do not have the force and effect of law. Now, the Department’s regulations impose important legal obligations on school districts, colleges, and universities…requiring a prompt response to reports of sexual harassment.”
Speaking at the October 5 session, McGhee explained that the new Title IX regulations provide a “narrowed” definition of sexual harassment, require a formal complaint by the person harmed, and a “live hearing,” among other new components. According to The Daily Northwestern, colleges are required “to conduct hearings by which the accused party would be given the chance to cross-examine their accuser through an advocate and vice-versa.” Additionally, The Daily Northwestern reports that college “…administrations are now only required to take action if a student tells certain officials, like a Title IX coordinator or dean.”
According to McGhee, the “narrowed” definition of sexual harassment must include at least one of the following: quid pro harassment, a hostile environment that is severe, pervasive, and objectively offensive, or a violation of the Clery Act or the Violence Against Women Act, which includes stalking, sexual assault, domestic violence, and dating violence.
McGhee further outlined the changes the new regulations impose by describing the “lifecycle” of the incident and investigation process. Prior to the new regulations, she stated that the cycle began with a report to the Title IX office, an investigation, the investigator issuing the finding, a sanction by the Dean, and an appeal being offered. The new “lifecycle” begins with a report to the Title IX office, a formal written complaint by the complainant, an investigation, a live hearing, and an appeal, which is required to be offered.
Expanding on the new regulations, McGhee noted that the procedure either can go from a formal written complaint to an informal resolution to which both parties agree, which requires the respondent to admit fault, or the formal written complaint can go to an investigation, a potential dismissal, a live hearing, and an appeal.
While McGhee stated that she recognized the potential “chilling effect” the new regulations could have on complainants, she assured students in attendance that she and the Title IX Office are “committed to ensur[ing]equity and support throughout the process.” Additionally, McGhee acknowledged that students “may be disappointed that the new regulations passed,” but stated that she “acknowledges the disappointment but wants to strike a balance with the regulations and campus culture.”
Discussing the potential for a new presidential administration to change the new Title IX regulations, McGhee noted that Lake Forest College “has to go with what we currently have now,” and if there is a “…shift in administration, now that the regulations are law, in order to pull [them]back, they have to go through the full notice and comment period to be rescinded.”
Rounding out the information session, McGhee spoke about the new required Ever-Fi training for students on sexual assault prevention and diversity and inclusion. She noted that the training has also been revised to reflect the new Title IX regulations.
Additional Title IX information sessions were held October 8 and 13 via Zoom.
