Title IX related CRR ChangesSpecial Faculty Senate Meeting

January 13, 2015

January 13, 2015 Title IX related CRR Changes 1

Title IX related CRR Changes• Title IX is a portion of the United States Education Amendments of

1972 and it says: 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.

• UM System has to have something in place due to the pressure the OCR is placing on all universities across the nation.

• titleix.mst.edu

September 18, 2014 President's Report 2

Title IX History• FS Meeting September 18, 2014: CRR changes

concerning students/faculty were discussed.• September 23, 2014: President Wolfe issues

Executive Order 41 (CRR changes concerning students).

• October 2, 2014: Board of Curators approve CRR changes concerning students but allowed the President to modify the language – changes are still possible.

January 13, 2015 Title IX related CRR Changes 3

Title IX History• IFC Meeting October 23, 2014: IFC Subcommittee

to write CRR concerning faculty was formed and started its work immediately.

• IFC Subcommittee Members: Melanie Mormile (S&T), Dennis Miller (MU), Keith Stine (UMSL), Peggy Ward-Smith (UMKC).

• IFC Subcommittee worked with Marsha Fischer (General Counsel), Steve Graham (System), Hank Foley (System), Daniel Swinton (NCHERM).

January 13, 2015 Title IX related CRR Changes 4

Title IX History/Future• IFC Meeting December 18, 2014: IFC Subcommittee

presented new and revised CRRs to IFC and to President Wolfe.

• December 18, 2014: New and revised CRRs were forwarded to FS Officers and RP&A Members. Call for special FS Meeting to provide input.

• January 13, 2015: Special FS Meeting, opportunity to provide input from S&T Faculty.

• January 15, 2015: IFC will discuss these CRRs.• ?: President Wolfe likely will issue Executive Order.• February 3, 2015: Board of Curators likely will decide.

January 13, 2015 Title IX related CRR Changes 5

Title IX Commandments

January 13, 2015 Title IX related CRR Changes 6

Investigation

Thorough Reliable Impartial

Process

Prompt Effective Equitable

Remedies

End the discrimination Prevent its recurrence Remedy the effects upon the victim and community

CRR 600.040 (New) ERP• Summary Resolution (Provost determines that no

“reasonable person” finds violation of the university’s anti-discrimination policies).

• Conflict Resolution (both parties agree to use alternative resolution mechanisms such as mediation, facilitated dialogue or restorative justice).

• Administrative Resolution (both parties agree to use only investigation by the investigator and finding by the Provost).

• Hearing Panel Resolution (Hearing Panel recommends sanctions, Provost determines sanctions, appeal to Chancellor is possible).

January 13, 2015 Title IX related CRR Changes 7

CRR 310.020 (Revised) TR• “extreme or repeated …” in 310.020C was

removed and replaced by “harassment or discrimination in violation of the university’s anti-discrimination policies, …”).

• Whether violation rises to the level of dismissal for cause is determined by ERP and DCP.

• There are nine procedural steps for a tenured faculty member to be dismissed for cause.

January 13, 2015 Title IX related CRR Changes 8

CRR 310.060 (Revised) DCP• No rehearing after ERP.• If allegations were not part of ERP, then the pre-

existing DCP is followed.• Complainant has right to participate in process.• Faculty Committee on Tenure makes a

recommendation.• Chancellor makes determination.• Appeal is possible.

January 13, 2015 Title IX related CRR Changes 9