Proposed Title IX regulation changes

December 9, 2018

 Human Resources

Dear UC Berkeley staff,
The US Department of Education recently released proposed Title IX rules addressing how schools respond to sexual harassment, including sexual assault. A public comment period for these proposed rules has just opened. I'm writing to encourage you to take this opportunity to share your views.
Some of the proposed Title IX rules could have a significant effect on the University of California, including our campus. The Office of the President (UCOP) has issued a general statement about the rules. UC will also provide more specific feedback to the Department of Education, and wants this feedback to be informed by as many campus voices as possible - including yours.
UCOP has created a survey form for submitting feedback (here). The deadline for submitting comments to UCOP is December 21, 2018. You can also submit comments directly to the Department of Education, here, until January 28, 2019.
The provisions that could result in particularly significant changes to UC's current processes are these (section numbers match those in the UCOP survey form):
  • Changes to the definition of sexual harassment (Section 106.3, p. 61466)
  • Requirement to provide for a live hearing and allow cross-examination (Section 106.45(b)(3)(vii), p. 61474)
  • Elements necessary to trigger the formal grievance process (Section 106.45(b)(4), p. 61477)
  • Institutional choice regarding applicable standard of evidence (Section 106.45(b)(4), p. 61477)
I warmly encourage all campus members - students, staff, faculty - to take this opportunity to make their voices heard, whether it is to express agreement or disagreement with some of the proposed changes. 
Thank you and best wishes,
-- Sharon Inkelas, Special Faculty Advisor to the Chancellor on Sexual Violence/Sexual Harassment

If you are a manager who supervises UC Berkeley employees without email access, please circulate this information to all.

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