Title IX Policy Changes Affect Internal Procedures

Press release from the University of North Georgia:

February 15, 2021 by J.K. Devine1

Originally passed as a federal civil rights law to include women's sports at educational institutions, Title IX has evolved into legislation that protects students from gender discrimination, including sexual misconduct or assault. Earlier this year, alterations to the federal law changed how universities handle complaints.

Dr. Lisa Thomas2, Title IX coordinator3 for the University of North Georgia (UNG), explained the U.S. Department of Education released new rules in May. Officially taking effect in fall 2020, some changes dealt with definitions while others improved equity in the process between complainants and respondents.

"If an incident happened on campus or at a campus-sponsored event, it is under Title IX," Thomas said. "It if happened at an off-campus apartment or during a study abroad, it is not always Title IX. Those will go through a different, but similar process for addressing sexual misconduct."

The process of a sexual misconduct or discrimination complaint also became more akin to a legal proceeding, with the role of the adviser having extra responsibility during a student conduct hearing. Both the complainant and respondent have advisers to ensure equity in the process.

"Before this fall, the adviser mainly offered support and guidance to the person who made the complaint," Thomas said. "Under the new rule, the adviser can cross-examine the parties and witnesses during the hearing. That is a big change. We are still working on navigating through that process."

She said a pool of eight to 10 UNG staff members are trained advisers, who help provide resources to the respondent and complainant. Both students may also ask an attorney or another person to act as his or her adviser.

Advisers primarily help students gain access to resources such as Student Counseling4 and Student Health Services5. They also support students through the lengthy step-by-step process that begins with a report of sexual discrimination or misconduct.

"I look at the report and determine if it is a Title IX or not," Thomas said. "Then I reach out to the complainant and share the resources that UNG has available."

If the student decides to move forward with the report, Thomas and other trained staffers investigate the claim by gathering evidence and determining the facts. After the investigation, Thomas’ office issues a report with recommendations of findings and sanctions. The report is shared with both parties, who may respond.

If the complainant and respondent agree with the report, the process ends. If they disagree, the incident moves to a Student Conduct hearing.

Thomas said her office is implementing the changes and taking measures to educate the university community about safe behaviors.

"We are developing a strategic prevention plan designed to prevent issues from occurring," Thomas said. "We are working with areas across UNG's campuses to ensure all of our students are safe."

Working on Title IX issues is not new for Thomas. Prior to joining UNG in June 2020, she was a Title VII and IX investigator at the University of Northern Iowa.

"I was an investigator for four years, and I was ready for the next step in my career," said Thomas, who recently earned her Doctorate of Education in Higher Education Leadership from Maryville University in St. Louis. "I really love being in higher education and I wanted to make this area my focus."

This press release was produced by the University of North Georgia. The views expressed here are the author’s own.