U.S. ED OCR – 2020 Title IX Final Rule
On May 6, 2020, the U.S. Department of Education, Office for Civil Rights (“OCR“) released its new Title IX Regulations (“Regulations“). These Regulations mandate changes to the ways in which federally-funded education programs and activities, including the University of Hawai’i, handle cases relating to sex discrimination and gender-based violence. All programs and activities subject to the new Regulations must be compliant on or before August 14, 2020 (“Effective Date“). In implementing the new Regulations, the University will continue to prioritize the safety of its students, employees, and visitors.
The Regulations are not retroactive and will not be applied to Title IX sexual harassment cases that were brought forth before the Effective Date.
Useful Information from OCR regarding the new regulations is provided on this page.
What the University is doing to address the Regulations
Updated Policy & Procedure
The university updated its policy and procedures on sex discrimination and gender-based violence to be in compliance with the Regulations and submitted copies to university and union stakeholders for review. The Interim EP 1.204 and AP 1.204 will be effective as of August 14, 2020 (“Effective Date”) and available on the University’s Policy and Procedure Information System on the Effective Date: https://www.hawaii.edu/policy/.
Policy: EP 1.204, version January 2020, the University’s Policy and Procedure on Sexual Harassment and Gender-Based Violence was revised to be the University’s Executive Policy on Title IX Sexual Harassment. The new EP 1.204 policy applies to sexual harassment under Title IX of the Education Amendments Act of 1972 as implemented and defined by the relevant sections of 34 C.F.R. Part 106. Sex and gender-based discrimination that occurs on or after the Effective Date and does not fall within the meaning of “sexual harassment” as defined under 34 C.F.R. § 106.30 may be subject to processing under EP 1.202 and AP 9.920.
Procedures: The procedures under EP 1.204, version January 2020, are no longer effective for allegations of Title IX Sexual Harassment as defined under the new policy. Title IX Sexual Harassment and other prohibited conduct under the new policy that occur on or after the Effective Date will be processed under AP 1.204.
AP 1.204 is University’s new administrative procedure and provides a grievance process for the University for formal complaints of Title IX sexual harassment as defined in 34 C.F.R. Part 106 and Executive Policy (EP) 1.204. As required by 34 C.F.R. Part 106, this grievance process is “designed to impartially evaluate all relevant evidence so that determinations regarding responsibility are accurate and reliable, ensuring that victims of sexual harassment receive justice in the form of remedies.”
New & Continuing Confidential Resources
New Resource for O’ahu campuses: The university’s new UH Confidential Advocate program provides confidential advocacy services and case management to victims* of sex discrimination and gender-based violence, who are students or employees of an UH campus on O’ahu.
*UH Advocates cannot keep cases confidential if the Respondent (alleged perpetrator, offender, or abuser) is an employee, as the University may have a duty to respond. However, the victim’s privacy will be upheld to the extent permitted by law. To explore off-campus confidential options refer to the UH Title IX Community Resources page: https://www.hawaii.edu/titleix/help/community-resources/
Confidential Resources for the neighbor island campuses will continue to be made available. More information on confidential resources for UH students and employees, including advocate contact information, is available at https://www.hawaii.edu/titleix/help/confidential/.
Updated Online Training
The University is working with its training provider, EverFi, to update its online Title IX training resources to be in compliance with the new Regulations. The updated training will be provided to all UH students and employees as a resource. Students and employees should receive an EverFi training invitation by email during the week of August 27, 2020. Please check your spam if you do not receive an email by the end of that week. We recommend that everyone take the training to better understand their rights and resources under Title IX.
More information on training is available on the Training page.
Title IX Personnel Training Now Available to Public
Per the Regulations, all trainings and training materials for personnel involved in Title IX proceedings will be publicly available on the Training Archive page.