Office of Equity and Compliance

TITLE IX NEWS AND UPDATES

New Regulations related to Title IX (August 2020)

On May 6, 2020, the U.S. Department of Education (DOE) issued new regulations relating to Title IX of the Education Amendments of 1972 (Title IX Regulations). The new Title IX Regulations include key changes to provisions addressing the scope of sexual misconduct, formal complaints, jurisdiction, questioning at live hearings, review of evidence, appeals, trainings, and other Title IX related items. 

All educational institutions receiving federal funding, which includes Cal Poly Pomona (CPP), were required to implement the new Title IX Regulations by August 14, 2020, or risk losing federal funding. This funding is critical to our Bronco community in our endeavor to cultivate success through a diverse culture of experiential learning, discovery, and innovation. CPP remains committed to providing support services to all students and employees involved in Title IX related matters.  Additionally, CPP continues to provide fair and impartial investigations for all Title IX matters, including providing all students and employee parties’ due process and support services during this time.

To comply with the DOE’s Title IX Regulations, on August 14, 2020, the California State University (CSU) issued Addendum B: Federal Mandated Hearing Addendum, which accompanies CSU Executive Orders 1096 and 1097. Addendum B outlines the policy and procedures required under the new Title IX Regulations. While much of our policies governing sexual harassment, sexual misconduct, and sex- and gender-based discrimination, as stated in Executive Orders 10951096, and 1097, remains unchanged, there is a subset of this conduct that is now covered by the new DOE Title IX Regulations.

So What’s Changed?

Effective immediately, all formal complaints submitted to the Office of Equity and Compliance (OEC or the Title IX Office) will undergo an initial assessment by the Title IX Coordinator to determine if the conduct reported can be addressed under Addendum B. If the Title IX Coordinator determines that a formal complaint does not meet the criteria to be addressed under Addendum B, the complaint may be processed under EO 1096 or 1097 (our current single-investigator model) or Addendum A (our current hearing-model for student cases). 

Notable Changes of Addendum B:

Under Addendum B, alleged incidents can be considered for investigation only if they meet the following criteria:

  • The conduct occurred in the United States, and in a University “program or activity” which includes:
  • on campus; or
  • off-campus, and the conduct occurred in the context of University operations, at a location, event or circumstance over which the University exercised substantial control over the Respondent and the context in which the conduct occurred, or
  • at a building owned or controlled by a student organization that is officially recognized by the University.

If these criteria are not met, the allegations may be evaluated under EOs 1096 and 1097, or Addendum A.  Please note, these policies cover a broader scope of allegations which may involve any University student, staff, or faculty member, including conduct that may occur at locations not affiliated with CPP and outside of the United States.

All Addendum B investigations, including those involving employee Respondents, will now involve live hearings with mandatory Hearing Advisors who will conduct the cross-examination of the Parties. The hearing will be facilitated by a Hearing Officer, who will monitor decorum and assess the appropriateness of the questions. The CSU will provide trained Hearing Advisors if either Complainant or Respondent do not have one available.

What has NOT changed?

  • Office of Equity and Compliance (OEC) will continue to take all reports of sexual harassment and sexual misconduct seriously, respond to them with empathy, and provide robust assessments to determine the best appropriate manner to proceed.
  • Employees still have a duty to report potential incidents of sexual misconduct, sexual harassment, dating and domestic violence and stalking to the Title IX Office, unless they are specifically exempt under CSU policy.
  • Executive Orders 10961097,and Addendum A are still in effect but only after consideration whether allegations are governed by Addendum B, based on specifically defined criteria.
  • Regardless of which process is used, or whether a case meets criteria for an investigation, the OEC team will provide supportive measures and other services to both parties, conduct intake relating to reports of sex and gender-based misconduct, and coordinate with other campus offices as appropriate to ensure that members of our campus community are aware of the available on and off-campus resources available to you.

Important Note Regarding Pending Title IX Investigations

All current active investigations, as well as reports alleging conduct that occurred prior to August 14, 2020, will still proceed through the process under EO 1096 and 1097 or Addendum A. Incidents occurring on or after August 14, 2020 will be subject to the new process described above, including determining whether they are governed by procedures stated in Addendum B.

CPP remains dedicated in our unwavering commitment to foster a safe and equitable campus environment for all. OEC, in tandem with our campus partners, will continue to provide you with your rights, options, resources and other supportive measures to help you navigate through this process.

Further details on the Title IX Regulations are available by clicking here. Please note that FAQs will be forthcoming and OEC is planning a live FAQ session with the OEC team for Fall 2020. Any inquiries concerning the new Title IX Regulations can be directed to officeofequity@cpp.edu.CPP acknowledges that participating in a Title IX matter is never easy and the implementation of the new Title IX Regulations, especially during these unprecedented times may bring about feelings of stress, uncertainty, and confusion. We recognize that our students and employees may have been affected by this recent update and require support. Below are support services available:

  • Survivor Advocacy Services- Main line: (909) 869-3102 or cpp.edu/survivoradvocacy; Rhonda E Dixon, Senior Coordinator & Advocate; redixon@cpp.edu
  • Counseling and Psychological Services- Main line: (909) 869-3220 (press 2 for crisis , support) cpp.edu/caps/index.shtml, caps@cpp.edu
  • CPP Empathia (Employee Assistance)- Call Empathia at 1-800-367-7474, Log on to: www.mylifematters.com (password: pomona)