Title IX at Notre Dame
What is Title IX?Landmark 1972 federal legislation that prohibits discrimination on the basis of sex. Over the past two decades, this law has provided guidance in cases of sexual misconduct with the goal of ensuring a safe and accessible educational environment for survivors of sexual misconduct. Because of this, survivors of sexual misconduct are legally protected from assault, discrimination, and retaliation under Title IX. This means that if college students are assaulted, they can file a report to their University's Title IX office and their institution must address the complaint. |
Why does this matter?The future of Title IX is currently threatened by both federal and University administrations. On Sept. 22, Secretary of Education Betsy DeVos rescinded the 2011 Dear Colleague Letter (DCL) and 2014 Q&A Guidance for Sexual Assault. This guidance protected and informed survivors of sexual violence. As a result, Universities across the country now have the opportunity to stray from the progress made over the past decade in Title IX processes. Today, we are at a crossroads in Title IX -- revert to past norms of inequity, or continue our progress in supporting survivors and exercising fair processes.
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What is ND doing so far?The University of Notre Dame revised its Title IX policy over the summer of 2017, adding "informal resolutions" to Title IX cases and removing the process from the Office of Community Standards (OCS). While we applaud any effort toward making Title IX proceedings more survivor-centered, we are troubled by the University's adoption of mediation as an appropriate tactic for resolving cases of sexual violence. |
Some FAQs:
0. Common definitions:
Complainant: This is the survivor-victim, or the person who has had a form of sexual misconduct committed against them. This may or may not be the person who files the initial report to the Title IX office, as third-parties can report sexual misconduct.
Respondent: This is the person who responds to allegations that they have committed sexual misconduct against someone else.
Sexual Misconduct: Sexual misconduct is an umbrella term encompassing all forms of unwanted sexual behavior, including but not limited to, sexual assault, sexual violence, stalking, sexual harassment, domestic violence, intimate partner violence, etc.
Sexual Assault & Violence: Sexual assault is defined by Notre Dame as "any sexual intercourse by any person upon another without consent. It includes oral, anal and vaginal penetration, to any degree, with any part of the body or other object." Sexual violence, like sexual misconduct, is considered an umbrella term for an array of non-consensual sexual behavior.
Discrimination: According to Notre Dame, discrimination includes, "offensive, unwelcome conduct or language that is based on an individual’s race, color, national or ethnic origin, religion, sex, sexual orientation, age, disability, veteran status, or genetic information, and that would create an intimidating, hostile, offensive, or demeaning environment." We would add that students may also be discriminated against because of gender identity. Discrimination can take the form of harassment, exclusion from community, physical or verbal threats, and more.
1. What is Title IX and why is it applicable to sexual assault?
A: When you hear the phrase Title IX, your mind may immediately -- and understandably -- jump to athletics. Title IX helps female athletes achieve equity in sports, and also provides important guidance to colleges and universities in sexual misconduct cases. Title IX reads:
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 [...]
Title IX has been federally interpreted to address sexual misconduct as a civil rights violation. This means that when sexual violence is committed against someone, their civil rights have been violated and their access to education has been hindered. Thus, Title IX looks to assuage this violation and ensure a safe and accessible educational environment for the survivor.
2. What is the 2011 Dear Colleague Letter?
A: The 2011 Dear Colleague Letter (DCL) provided an interpretation of Title IX, presenting clear guidance to colleges and universities about their obligations in sexual misconduct cases. The 2011 DCL also clearly stated survivors’ rights, giving them the tools to advocate for themselves and hold their universities accountable. This piece of guidance was repealed on Sept. 22, 2017, and replaced by DeVos’s interim guidance.
3. What is Notre Dame's role in responding to sexual misconduct?
A: Notre Dame is federally mandated to promptly respond to all cases of sexual misconduct that are reported. In the University’s own words:
The University is dedicated to responding quickly and thoroughly to all reports of sexual or discriminatory harassment, and to enforcing the University's Non-Retaliation Policy to protect those who report and/or are involved in an investigation of sexual or discriminatory harassment.
Additionally, as a Catholic institution, Notre Dame has a moral obligation to support every member of its community. In line with Catholic Social Teaching, Notre Dame must stand in solidarity with those on the margins, and support the many survivors of sexual violence in our Notre Dame family, from the student, faculty and staff survivors currently on campus to our many alumni.
4. Why is mediation problematic?
A: Mediation is a process in which both the complainant and respondent meet with an independent third party and discuss the event, with the goal of “resolving” the conflict in a more informal way than a typical Title IX investigation. This process rarely results in punishment for the respondent, instead operating with the goal of “moving on.” Mediation, previously illegal under both the Bush and Obama administrations, is an unsuitable and destructive way to resolve cases of sexual misconduct. We strongly believe that survivors should have the autonomy to choose the process that works best for them, but we also must acknowledge that mediation was banned for a reason. When an untrained university administrator conducts a mediation process for a survivor and perpetrator, the results can re-traumatize survivors and leave them at risk for intimidation. Mediation is particularly problematic on college campuses due to a lack of clear standards and guidance as to how mediation should be conducted, and an absence of trained mediation experts who can appropriately facilitate this process.
5. Why should we uphold the Preponderance of the Evidence standard?
A: The Preponderance of Evidence standard is not only the standard of evidence traditionally used in sexual misconduct cases, but also the standard of evidence used in the majority of civil cases. As previously stated, Title IX cases are civil, not criminal, cases. Preponderance of evidence requires the complainant to prove his or her complaint is "more likely than not" to have occurred. As Know Your IX says, “Courts have long affirmed that this standard is the appropriate standard for adjudication of violations of civil rights laws, including Title IX. Furthermore, beyond civil rights litigation, preponderance of the evidence is the standard employed in most civil actions. Perhaps most importantly, the preponderance standard puts both parties (and their access to education) on equal footing, in keeping with Title IX’s equality mandate.”
6. Why is the 60-day timeline important?
A: According to previous Department of Education guidance, the 60-day timeline should encompass the entire investigation and decision-making process in a case. This timeline benefits both complainants and respondents by limiting the amount of time that the pain and stigma of a Title IX investigation may continue. We encourage Notre Dame to resolve cases in a timely manner in an effort to protect the mental health of all parties involved in a case.
7. Why are you talking about the housing policy? What is a waivers system?
A: The University implemented its six-semester on-campus housing mandate without treating the underlying issues of dorm-life. With the implementation of such a requirement, the University should have had a fully formulated plan to protect students disproportionately harmed by this new requirement -- it did not. Survivors of sexual misconduct, discrimination based on race, ethnicity, sexual orientation or gender identity, or inequity due to socioeconomic status should not be required to share their stories or out themselves to University administrators, simply so they can leave campus. The rate of PTSD amongst survivors of sexual violence is 34% -- three times the national average for college students. The risks to mental health in forcing students to stay on campus are severe, especially because the University cannot protect students from their harassers in chance run-ins like in the gyms, dining halls, library, LaFortune, football games or off-campus parties.
8. Is sexual assault really a problem at Notre Dame? Who does it affect?
A: Yes, it is a pervasive problem on our campus. The Observer published an article on the findings on the 2016 Campus Climate Survey, and iterated the following results:
While the actual numbers of persons reporting instances of sexual misconduct may not appear extreme, it is important to acknowledge the profound number of students who opt not to report to the University -- 90%. This means that the problem is more significant than we can tell from the University’s survey data.
9. What resources do I have on campus to report or get help?
A: The Notre Dame Title IX website provides an outline of the reporting processes at Notre Dame and a list of resources for survivors after an incident. Some of these resources include:
More specific resources on confidential versus non-confidential resources for reporting can be found here. For example, Campus Ministry (such as a priest or deacon acting in a vowed religious role) is a confidential resource, but your RA is a non-confidential resource and mandatory reporter, which means that he or she must report your case to Title IX if you disclose anything about it.
9. What resources do I have on campus to report or get help?
A: The Notre Dame Title IX website provides an outline of the reporting processes at Notre Dame and a list of resources for survivors after an incident. Some of these resources include:
- St. Joseph Regional Medical Center, which has a SANE nurse on staff 24/7, who is specifically trained to gather evidence after an assault
- University Counseling Center: offers individual and group counseling to survivors
- The Family Justice Center of South Bend
More specific resources on confidential versus non-confidential resources for reporting can be found here. For example, Campus Ministry (such as a priest or deacon acting in a vowed religious role) is a confidential resource, but your RA is a non-confidential resource and mandatory reporter, which means that he or she must report your case to Title IX if you disclose anything about it.