Trigger warning: talk of sexual assault
On May 6th, 2020, the Department of Education led by Betsy DeVos, sent out their long awaited proposal for new changes to the Title IX regulations in schools. This marked the first time the policy has been changed since 1975, creating a historic shift for the set of regulations originally implemented to protect students’ wellbeing. While some notice that the changes are less broad than they have been, others are citing that they are less comprehensive and could bring more lee-way to sexual assault cases. Assistant Dean of Student Affairs, Lorri Riggs, and Title IX Deputy Coordinator in Student Affairs, Gabriella Melillo, held virtual information sessions detailing the new policy changes and how Skidmore will act on them.
Skidmore adheres to certain values related to Title IX, including preventing re-traumatization and re- victimization, upholding equity, and maintaining clarity and transparency about the college’s policies. When the new changes were proposed by the ED, there was much concern about whether these principles would still be taken into account by administration when dealing with sexual assault.
In the virtual information sessions, both Riggs and Melillo emphasized the fact that the school will continue to adhere to its principles and will not let any cases fall through the cracks, given the new guidelines. They also stated that the new proposals are a bare minimum that they must follow, but they are intending to go above and beyond to ensure no matter is taken lightly.
The new proposed changes must be implemented by August 14th, 2020 and are as follows:
A new, narrower definition of sexual harassment that includes unwelcome conduct determined by a responsible person, an employee of the recipient conditioning the provision of an aid or benefit, and any case of sexual assault, dating violence, domestic violence, or stalking.
The scope of location for college cases to occur is much smaller. Campuses are no longer responsible for cases outside of the United States. They are also only obligated to respond to reports off campus if it is college- mandated housing.
Colleges are now required to hold live hearings on cases. There will also be a mandatory cross- examination for the witnesses as well as respondents in the case. This will require more training to allow advisors for parties to conduct the examination.
There will now only be ten days to respond to evidence before the investigative report is conducted. This timeline will also be the same to respond to evidence before the hearing.
Policies must include a presumption that the respondent is not responsible until a determination regarding responsibility is made.
Equal opportunity to review any evidence directly related to the allegations.
There is more flexibility to incorporate an informal resolution process. This may be implemented at any time prior to reaching a finding of responsibility. It also may be withdrawn at any time and may not be used in cases where an employee is the respondent.
In response to these changes, the school has emphasized the policies that will still stand on campus, including the Student Bill of Rights, the affirmative consent standard, and the amnesty policy. They also highlight that any case of SGBM that falls outside the new definition of sexual harassment and jurisdiction boundaries will continue to be protected against and addressed by other institutional policy. This coming year, Skidmore News will be tracking these developments on campus and out. Look out for further coverage as these policies progress.
If you are involved in a SGBM incident and do not want a report to be made to a Title IX Coordinator:
Contact any of these confidential resources
On Campus: Counseling Center, Health Services
Off Campus: Wellspring,Saratoga Hospital ER, Saratoga Planned Parenthood/ Schenectady Planned Parenthood, NYS Sexual Violence Hotline
Anonymous Resources
Victim Advocates, PHE’s
If you are involved in a SGBM incident and do want a report to be made to a Title IX Coordinator:
You can contact Joel Aure directly (jaure@skidmore.edu) or any other responsible employee to relay the information to Joel
Skidmore Counseling Center: 518-580-5555
Skidmore Victim Advocates:
Jen McDonald (jmcdonal@skidmore.edu)
Wendy Walker (hwalker@skidmore.edu)
Kim Golemboski (kgolembo@skidmore.edu)
Wellspring 24/7 Confidential Hotline: 518-584-8188