Board of Trustees Meeting Agenda | May 20, 2022

CENTRAL WASHINGTON UNIVERSITY Board of Trustees May 20, 2022 EXECUTIVE SUMMARY – Title IX and Sexual Misconduct

Title IX of the Education Amendments of 1972 protects people from discrimination based on sex in education programs and activities that receive federal financial assistance. The Title IX language that passed congress in 1972 requires that, “No 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.” The Department of Education (DOE) issued the latest rules for how institutions of higher education are to handle and manage complaints of sexual misconduct under Title IX during the tenure of Secretary of Education Betsy DeVos in 2020. The so-called “The Final Rule” took effect August 14, 2020; President Gaudino approved new Title IX Grievance and Hearing procedures on September 29, 2020 to incorporate federal requirements into CWU policy and procedure. See CWUR 3-45-061 and CWUR 3-45- 062. The new rules created several changes as to who can file a complaint and when. The regulations require Title IX Coordinators to dismiss complaints that a.) do not constitute sexual harassment per policy, b.) are outside the education program of CWU, c.) have happened outside of the United States, or d.) concern complainants who are not participating in the education program at the time of the complaint. The Final Rule also established that employee cases would be subject to the Title IX process and that decisions related to responsibility and outcome would be determined by a hearing panel outside of the process outlined in various collective bargaining agreements. CWU maintains separate processes, outside of the Title IX process, for handling and investigating complaints of Sexual harassment. This allows the institution to handle and investigate complaints when they do not fall within the outlined and narrow process of Title IX. See CWUR 3-45-050 (employees) or CWUR 3-45-010 (students).


Approved for Submittal to the Board:

Linda Schactler Chief of Staff

A. James Wohlpart President

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