On August 1, 2024, the Office of Equal Opportunity and Affirmative Action/Title IX (EOAA) sent an email to the student body announcing the College’s 2024 revised policies in compliance with new federal Title IX regulations, which went into effect on that same date. In order to meet the implementation deadline, a unified Interim Policy Against Discrimination, Harassment, and Sexual Misconduct and a revised set of Resolution Procedures were established on campus. Vassar’s 2020 Title IX Grievance Policy and Procedures, created in compliance with the Trump Administration’s policy, will remain in effect for incidents of sexual harassment prior to August 1, 2024, regardless of when incidents are reported.
In a joint written correspondence with The Miscellany News, Belinda Guthrie, the Assistant Vice President of EOAA and Title IX Coordinator, and Jeffrey Schnieder, the Faculty Director of Affirmative Action, stated, “The Interim Policy was developed collaboratively with input from the Title IX policy advisory committee, which included student, faculty, and administrators from the Committee on College Life, Faculty Policy Conference Committee, SAVP [Support, Advocacy, & Violence Prevention], VSA [Vassar Student Association], General Counsel, Athletics, and the Title IX Student Advisory Committee.” This working group began meeting in the winter to ensure that Vassar adopted a process that consistently and equitably resolves all forms of protected class discrimination and harassment.
The Interim Policy established by the College merges three formerly separate policies relating to discrimination, harassment and sexual misconduct into the consolidated Policy Against Discrimination, Harassment and Sexual Misconduct and Resolution Procedures. The unification of these policies allows all allegations of sexual violence, sex-based harassment and other forms of sex-based misconduct to be addressed by one policy, as opposed to the previous system where the response and resolution processes for allegations may have required the application of three separate policies. Guthrie and Schnieder wrote, “[M]ultiple policies, definitions, grievance processes, and variability in their application to students, faculty, administrators, or staff led to inefficiency, confusion, and barriers to reporting…Fortunately, the 2024 Title IX Regulations created an opportunity and window for the College to implement a unified policy.”
A Summary of Changes issued by the College notes the largest alterations the Interim Policy yields. One such change is the elimination of the live hearing requirement. The College said of the shift in the Summary of Changes, “The interim unified Policy and administrative resolution process provides for thorough, fair, and impartial investigation, giving the parties an equal opportunity to present and access relevant and not otherwise impermissible evidence without the live hearing requirement.” Kate Brown ’25, who formerly worked as an intern in the EOAA, commented, “I also think that the quicker resolution timeframes established in the updated policy will be a positive change to the Title IX system and reduce the trauma that can result from participating in a long investigation and grievance process.”According to a Time Magazine article by sociologist Nicole Bedera, the Trump Administration’s policy was designed to discourage survivers of sexual assault from seeking legal action. Bedera outlines how a requirement of a live hearing has been criticized as a barrier to survivors of sexual assault. A live hearing forces complainants to face their respondents and to additionally be subject to a cross examination. This process has been criticized by Bedera and other advocates for how it may deter survivors of sexual assault from pursuing legal action. Brown added, “I’m very happy to see the changes that were made to Title IX policy, both federally and at Vassar. These updates correct some policy limitations persisting from the Trump administration’s rollback of Title IX protections, which placed more focus on sheltering the accused rather than the accuser/alleged victim.”
The most recent regulations from the U.S Department of Education reflect a significant shift from the former policy implemented by the Trump Administration in May of 2020. The Trump Title IX Policy restricted the reporting and investigation of cases through several policies, such as adopting a limited definition of sexual assault, mandating that one must be a student while reporting, and specifying that the incident must have happened on campus or in direct conjunction with an educational program or activity. Vassar’s Interim Policy also expands on the College’s jurisdiction to off-campus misconduct that limits or denies a person’s access to educational programs or activities. The College may also extend jurisdiction to off-campus and/or online conduct if it affects a substantial College interest, defined as any action that constitutes a criminal offense; any situation posing an imminent and serious threat to the health or safety of an affiliate of the College; situations impinging on the rights of others or causing social disorder; and any situation that substantially interferes with the College’s educational interest or mission. Additionally, the reporting party or complainant does not need to be a member of the College, however the resolution process only applies if the respondent is an affiliate of the College.
In a stark contrast to the Trump Administration’s reduction of Title IX protections, President Biden’s Title IX changes further expand upon protections for LGBTQ+ students and parenting and/or pregnant students, provide greater clarity on the definition of sexual harassment and protect against discrimination based on gender and sex stereotypes, sexual orientation and gender identity.
Biden’s Final Rule under Title IX has been in the works since 2021, according to the American Council on Education, facing many delays and extensive review. However, shortly upon the release of the new Final Rule, Education Weekly reported six legal injunctions temporarily blocking the rule in 26 states. While New York is not named in the suit nor likely to engage in one of that nature, the 26 states affected are at risk of losing their federal funding. A note was added to the EOAA’s email to highlight the legal challenges and Vassar’s commitment to abide by the federal policy, stating the Office would inform the campus community of any changes to College policies in the coming months. Guthrie and Schneider explained, “Where possible, we are also committed to retaining those aspects of the unified policy that have improved and enhanced the College’s ability to address discrimination, harassment, and sexual misconduct more effectively and efficiently.”
Due to the federal August 1 implementation deadline, the Interim Policy has not yet been reviewed through Vassar’s shared governance process. At the start of the Fall 2024 semester, Guthrie and Schnieder will reconvene the Title IX policy advisory committee. They wrote in a statement to The Miscellany News, “The two of us will also hold public listening sessions to introduce the new policies and procedures, address any questions, and gather feedback to try to address any concerns.” Guthrie and Schnieder will then work with the Faculty Policy Conference Committee to bring the revised policy and procedures to the Faculty for discussion and vote. They explained, “Though most of the policy is required by federal and state law, the faculty can vote on any policy changes that are not specifically mandated by federal or state law.”
Title IX changes destroy the hard-won sex-based rights of women and girls who will not be forced to disrobe in front of, compete against and shower with males who claim a woman identity. This is a deep betrayal of the fight for women’s equality.
I agree, Emily. I am very concerned for my child who is an athlete at Vassar. I can’t imagine the division this will cause, resentment and bullying already exists according to my college student.