Ashland University’s Student Affairs Office announced changes on campus sexual misconduct and Title IX regarding the handling of sexual misconduct cases.

Student affairs shared the memo on Friday, Oct. 20 through MyAU portal highlighting the updated policy on sexual violence. The post also shared the resources that are available to members of the campus community.

Title IX of the Education Amendments Act of 1972 is a federal law that states: “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.”

The changes came after U.S. Education Secretary Betsy DeVos’ announcement in September that her department was concerned previous guidance denied proper due process to those accused.

The Education Department is withdrawing the Dear Colleague Letter dated April 4, 2011, and Questions and Answers on Title IX and Sexual Violence dated April 29, 2014.

The Dear Colleague Letter initially was issued by Former Vice President Joe Biden and Secretary Duncan and presented guidelines on legal obligations in addressing sexual violence in school and on campus. The US Department of Education issued an updated Dear Colleague Letter to rescind parts of Title IX that deals with the burden of proof needed in campus sexual assault investigations.

“The 2011 and 2014 guidance documents may have been well-intentioned,” the 2017 Dear Colleague Letter stated. “But those documents have led to the deprivation of rights for many students—both accused students denied fair process and victims denied an adequate resolution of their complaints.”
The changes affect the time frame, mediation possibility and the standard of evidence.

While the 2011 Dear Colleague Letter obligate universities to complete the investigation in 60 days, the new letter keeps the time frame open to whenever the investigation is complete.

Student affairs stated that they would continue to use the 60-day time frame for investigations. If the investigation extends beyond 60 days they will inform parties involved with the projected completion date.

The old guideline did not recommend mediation for sexual misconduct cases specifically in rape.

The new Dear Colleague Letter suggests mediation an option for Title IX.

The Department of Education Q&A on campus sexual misconduct document stated: “If all parties voluntarily agree to participate in an informal resolution that does not involve a full investigation and adjudication after receiving a full disclosure of the allegations and their options for formal resolution and if a school determines that the particular Title IX complaint is appropriate for such a process, the school may facilitate an informal resolution, Including mediation, to assist the parties in reaching a voluntary resolution”.

Regarding mediation, AU announced that it will not be used in any cases involving an alleged rape.

The last change is touching the standard of evidence. The previous guideline required schools to use the preponderance of evidence. While the new one recommends universes to use clear and convincing standards.

Ashland University decided to continue using the preponderance of evidence and to keep working with the evidence approach of the old guideline.
AU’s Department of Education will share any further updates issued with the campus community via campus memo, followed by a posting on the Title IX website.