Wentworth Response to New Title IX Regulations

On May 6, 2020, the Department of Education, Office for Civil Rights, released its Final Rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities.  As stated by the Office for Civil Rights, the regulations aim to provide a “fair, transparent process for investigating and adjudicating sexual harassment matters.”  This includes a heightened emphasis on due process which is afforded to the parties involved in sexual misconduct incidences on campus.  One of the largest shifts in accordance with these regulations is the requirement for a live hearing with cross-examination which is to be conducted by a parties’ advisors.   These regulations are scheduled to take effect August 14, 2020.

Since this time, Wentworth has been working to ensure that it is in compliance with these federal regulations.  This included the creation of a Campus-wide Policy Committee – comprised from members of the Title IX Office, Student Affairs, Academic Affairs, Human Resources, Department of Public Safety, President’s Office, and the General Counsel – which was charged with the following tasks:

  • Creation of a new Sexual Misconduct and Sex-Based Discrimination Policy for Students and Employees Policy (which can be found here https://wit.edu/title-ix/policies-related-laws )
  • Update existing policies as needed
  • Update the Title IX Website
  • Update emergency protocols and procedures
  • Update procedures for informal resolution procedures and formal hearing procedures
  • Create and update educational materials
  • Update and create new community-wide educational opportunities
  • Training for all Title IX Personnel

Summary of the new Sexual Misconduct and Sex-Based Discrimination Policy for Students and Employees:

  • One all-encompassing policy:
    • Provides the grievance procedures for both Title IX Related and Non-Title IX-Related violations as described below
    • Applies to both students and employees
  • Jurisdiction
    • The regulations provide for a narrow definition of behaviors that fall under the jurisdiction of Title IX, which occurs within the United States and within a Wentworth education program or activity; and is brought by a current student or employee.
    • Title IX- Related offences include:
      • Quid Pro Quo Sexual Harassment in which the Respondent is an employee
      • Hostile environment harassment, which is severe, persistent AND pervasive (can include sex discrimination, gender-based harassment, and unwanted sexual attention)
      • Sexual Assault (including rape, fondling, incest, and statutory rape)
      • Dating Violence
      • Domestic Violence
      • Stalking
      • But only if it the conduct occurs within the United States and within a Wentworth education program or activity; and is brought by a current student or employee
    • Non-Title IX- related offenses include:
      • Quid Pro Quo Sexual Harassment
      • Hostile environment harassment, which is severe, persistent OR pervasive (can include sex discrimination and gender-based harassment
      • Sexual Assault (including rape, fondling, incest, and statutory rape)
      • Dating Violence
      • Domestic Violence
      • Stalking
      • Retaliation
      • Discrimination based on sex
      • Sexual exploitation
      • Offenses that fall outside of the Title IX jurisdictional requirements
  • Reporting
    • The Policy no longer designates all Wentworth employees as “Responsible Employees.”  Instead, the Policy provides for additional “Confidential Employees” and renamed “Responsible Employees” as “Mandated Reporters” to promote transparency as to those duties.  Mandated Reporters must immediately report all known information of sexual misconduct or discrimination based on sex to the Title IX Coordinator.
    • Mandated Reporters include the following:
      • Employees in a supervisory role;
      • All of those in the Department of Public Safety; and
      • All personnel in Athletics, Housing and Residential Life, and Student Affairs (excluding those listed below as a Confidential Employee):
        • Dean of Students Office (617.989.4702)
        • Athletics (617.989.4655)
        • Housing and Residential Life (617.989.4160)
        • Center for Student Engagement (617.989.4080)
        • Schumann Fitness Center (617.989.4098)
        • Center for COOPS+CAREERS (617.989.4101)
    • Confidential Employees:
      • 1) All of those who work in the Center for Wellness (617.989.4390)
      • 2) Health professionals working within Optum Student Health Services (617.879.5220)
    • Faculty:
      • Faculty members are not designed Mandated Reporters; however, they must provide the name and contact information of the Title IX Coordinator to any student who reports an act of Prohibited Conduct to them.
    • Title IX Coordinator
      • The Title IX Coordinator will promptly respond to all reports by contacting the complainant and provide the following: information on the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, the ability to receive supportive measures with or without filing a report, and information about the process for filing a formal complaint.
      • Beth Devonshire, Interim Title IX Coordinator
        205 Williston Hall
        devonshireb@wit.edu
        617-989-4193
    • On-line Reporting Option
  • Formal Complaints
    • A formal grievance process cannot move forward without a signed formal complaint from a complainant, or in very narrow circumstances, the Title IX Coordinator.
  • Supportive Measures
    • Supportive measures are available to both Complainants and Respondents and include  counseling, extension of deadlines or other course-related adjustments, modification of work or class schedules, campus escort services, mutual orders of no contact, changes in work or housing locations, leaves of absences, increased security and monitoring of certain area.
    • Supportive measures are available regardless if a formal complaint is filed.
  • Grievance process
    • Formal Resolution -
      • The formal grievance procedure used to adjudicate cases will be determined on if it is a Title IX-Related or Non-Title IX Related prohibited conduct
      • Title IX-Related Resolution processes include the following:
        • Investigation conducted by trained investigators (including external investigators)
        • Typically conducted within sixty (60) days
        • Parties can present witnesses, and other evidence
        • Parties can inspect and review all evidence collected as part of an investigation
        • Receive a preliminary report and final investigative report prior to any hearing
        • Questions regarding a complainant’s prior sexual history are not allowed, minus two exceptions
        • Advisors are allowed to attend all meetings (including investigation meetings and hearing), but may ONLY actively participate at the hearing.
        • Live hearing with cross-examination conducted by the parties’ advisors.  If a party does not have an advisor, Wentworth will provide an advisor for the purpose of conducting cross-examination
        • Participation requirements regarding the submission of prior statements
      • Non-Title IX-Related resolution processes include the following:
        • All the above, but the cross-examination will be conducted by the decision-maker(s) and not advisors and there are no participation requirements regarding the submission of prior statements.
        • Advisors are allowed to attend all meetings (including investigation meetings and hearing), but may not actively participate.   
    • Informal Resolution
      • Parties involved in either Title IX-Related and Non-Title IX Related prohibited conduct will be afforded an opportunity to participate in informal resolution.
      • Informal resolution is an alternative to the formal resolution process.
      • All parties must agree to Informal Resolution, but it is not offered where an employee has been accused of sexually harassing a student
  • Findings
    • Determinations of responsibility are made using a preponderance of the evidence standard
    • There is a presumption that a Respondent is not responsible for the alleged Prohibited Conduct until a determination of responsibility is made that the conclusion of the grievance process.
  • Appeals
    • All parties may file an appeal based on the following criteria:
      • Procedural irregularity
      • New evidence
      • Conflict of interest or bias

Listed below are documents from the Department of Education which provide an overview of the regulations, and how they will impact the Wentworth Community.

Title IX Coordinator Beth Devonshire can be reached at devonshireb@wit.edu.  There will also be meetings throughout the fall regarding the new policy.