July 20, 2020

 

Message from the Title IX Coordinator: New Regulations Take Effect in August 

 

Dear Baruch Community,

 

As Baruch’s Title IX coordinator, I write to assure our community that our campus has anticipated and organized for the implementation of new Title IX regulations that are to take effect on August 14, 2020. 

 

Although the attorneys general of 17 states and the District of Columbia, including New York State’s attorney general, have filed lawsuits seeking to block the regulations, CUNY continues to work toward implementing the regulations. As one of the four Title IX coordinators on The City University of New York’s Title IX Taskforce, I am confident that we will continue to protect our students, faculty, and staff and foster an environment that promotes safety for our community.

 

The Title IX Changes in Brief

Broadly stated, the regulations that address claims of sexual misconduct in educational institutions have been changed as follows: 

·         The new regulations define sexual harassment more strictly. Sexual harassment is “unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.” Previously, educational institutions were required to respond under Title IX to “any unwelcome conduct of a sexual nature.” The new regulations also define sexual harassment to include sexual assault, dating violence, domestic violence, and stalking.

*         The new regulations detail procedural steps for the filing of complaints and the institutions’ response. Additionally, all complaints that are not otherwise dismissed or informally resolved must be adjudicated in live hearings at which parties, through their advisors, are permitted to cross-examine.  If a party does not have an advisor for the cross-examination, Baruch College must provide one. 

 

Previous Policies and Procedures Remain in Effect

How do the new regulations impact our students and employees? Baruch College and CUNY will continue to increase awareness of sexual misconduct, investigate all complaints, provide support, and respond fairly to all sexual misconduct complaints. Allegations covered under the new Title IX regulations will proceed under the new Title IX regulations procedural framework.

 

What if the allegations of sexual misconduct do not rise to the heightened level of the new Title IX regulations? Baruch’s previous policies and procedures will continue to remain in effect. The new regulations do not preclude institutions from safeguarding their students, faculty, and employees under other policies. Unwelcome conduct of a sexual nature will be prohibited and addressed regardless of whether that conduct occurs on or off CUNY property. Complainants will receive assistance and resources from the College just as they have always done. The key difference is that these complainants and respondents will not go through the grievance and adjudication procedures outlined in the new Title IX regulations.

 

CUNY is finalizing the new policy and procedures, which will be disseminated to the campus community. CUNY’s current Title IX policies can be reviewed here <https://pmail.baruch.cuny.edu/PoliteMail/default.aspx?page=nuCro3VsPUK1QOBtn-xmTg&ref_id=K5tNTWE_rky36UT7FcobKA> . 

 

The Title IX Office remains open and ready to respond to your concerns. Please email [log in to unmask] <mailto:[log in to unmask]> .

 

Sincerely,

 

Mona Jha, Esq.

Chief Diversity Officer, Title IX Coordinator, and Section 504/ADA Coordinator

 

 



 

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