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University OEO Bulletin : News and Articles
Equal Opportunity Transition Plan for Improved Service Delivery (ISD) (click here)
Guiding document for ISD Process Equal Opportunity in Hiring
The Student Voice in the Proposed Title IX Rule Changes (click headline or read below)
Everfi Blog by Holly Rider-Milkovich, MA
The year-long anticipatory phase has ended–the Department of Education (ED) has now released the proposed Title IX regulations that would replace the interim guidance enacted in September 2017, when DeVos’s administration rescinded the Obama-era 2011 Dear Colleague Letter and the 2014 Q & A guidance documents. With the release of these draft rules, ED will begin a formal rulemaking process to amend existing Title IX regulations and add new regulations establishing substantive and procedural requirements for campuses to follow in responding to sexual harassment complaints.
Key Proposed Changes in the Draft Rules Include:*
Defining sexual harassment and actual knowledge as it relates to whether an institution has been put on notice regarding incidents of possible sexual harassment (p.19);
Delimiting the responsibility of schools to respond to sexual harassment only if it is “conduct that occurs within its ‘education program or activity’” (p. 25);
Adopting a deliberate indifference standard when determining whether institutions have appropriately responded to reports of sexual harassment, noting that “institutions are deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances” (p. 31);
Requiring a live hearing in conduct processes, with the ability for the respondent and complainant to cross-examine each other and other witnesses through their respective advisors–including credibility challenges–and also require institutions to provide advisors (p. 53);
Allowing schools to adopt a “clear and convincing” evidentiary standard or continue addressing sexual harassment under the “preponderance of the evidence” standard (p. 61).
*Italics added for emphasis.
Notice & Comment: Including Your Voice in the Rulemaking Process
After publication in the Federal Register, the next step in the rulemaking process is to begin accepting public comments on these proposed rules–a process known as “notice and comment.” “So what, exactly, is notice and comment?”
In short, it is a common rulemaking process which may begin with publishing an “Advance Notice of Proposed Rulemaking” in the Federal Register to announce an upcoming notice-and-comment process. The Department of Education also initiates a negotiated rulemaking proceeding when required by federal law by inviting significantly affected stakeholders to meetings where they try to reach consensus on a proposed rule.
After the Advance Notice of Proposed Rulemaking process, the next step would be for the Department to publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register to give the public an opportunity to comment on the proposed rule created through the rulemaking procedure. After these final comments are received and considered, the Department issues its final rule which then becomes federal regulation.
Comments will be due 60 days after the proposed rules have been published in the Federal Register. EVERFI will provide an update when the rules are published.
Why Participate in Notice & Comment?
We believe this rulemaking process offers a critical opportunity for campus practitioners, administrators, faculty and other staff to share their opinions, knowledge, and experience. Importantly, it is also a way to channel student activism and energy into effective civic engagement by supporting their participation in the notice and comment process. What is powerful about the comment process is that the department must read, summarize, and identify how their new draft or final proposed rules takes into account all comments that are offered.
How Campuses can Support Student Engagement in the Rulemaking Process
It’s likely that some students or student organizations on your campus are closely following and monitoring these proposed changes. Here are a few ways you can support students in your community and facilitate their engagement in the Notice and Comment process:
Share information about the notice and comment process, and provide guidance on how to craft effective comments;
Tap faculty or staff subject matter experts to explain the proposed changes and navigate the sometimes dense legal language of the proposed rules so that students understand both the content and the context of the proposed changes;
Host forums or other public events to engage the broader campus community in discussion of the changes; share this campus-specific feedback as a part of any institutional comments or remarks that are delivered through professional associations or lobbying groups.
Tips for Students Submitting Written Comments:
Comments may be submitted through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery.
If you mail or deliver your comments about these proposed regulations, address them to Brittany Bull, U.S. Department of Education, 400 Maryland Avenue S.W., Room 6E310, Washington, D.C. 20202. Telephone: (202) 453-7100
ED encourages commenters to submit using a print-to-PDF format which will allow the Department to electronically search and copy certain portions of the submissions. ED also encourages commenters to “identify clearly the specific section or sections of the proposed regulations that each of your comments addresses, and arrange your comments in the same order as the proposed regulations.”
Commenters need not weigh in on all aspects of the proposed rules. It is perfectly acceptable, and can even be more effective, to focus on the specific section where the student has the most relevant information or experience to share. Let students know that all comments will be publicly available, they should consider this carefully when crafting their comments.
Like most persuasive writing, effective public comments are succinct, specific, and–when possible–solutions-oriented. The commenter(s) should briefly introduce themselves and identify what section or sections of the proposed rules they are commenting on and why the proposed rules matter to them. If students choose to use a template, they’ll need to customize it if they want their comments to stand out from the masses.
Encourage students to adopt a professional and respectful tone in crafting the comments, even if they vigorously disagree with the draft rules, and provide citations if students include research or data in their comments. Lastly, remind students that the deadline matters. The most powerful and carefully crafted comment does no good if it arrives past the due date.
Let’s get started.
What's Your Green Dot?
To learn more about Green Dot, click here: http://www.studentwellness.iastate.edu/greendot/
When the Equal Pay Act was signed into law by President Kennedy in 1963, women were earning an average of 59 cents on the dollar compared to men. While women hold nearly half of today's jobs, and these earnings account for a significant portion of the household income that sustains the financial well-being of their families, they are still experiencing a gap in pay compared to men's wages for similar work. Click here to learn more.
More-frequent training, guidelines for investigations, and consent decrees that force employers to identify and combat discrimination were among the suggestions from experts who testified at a U.S. Equal Employment Opportunity Commission (EEOC) hearing on how to prevent harassment in the workplace. Click here to learn more.
Younger people are as likely to bail for a better opportunity as older ones are. Many mature employees are more interested in the challenge and the environment than in a rocket-to-the-stars career path. But age discrimination persists. There’s a solution to the age discrimination problem. Click here to learn more about the ways to secure yourself against age discrimination.
Awareness of 'Privilege' Can Improve Inclusion
Individuals without an apparent disability have something of which these people are probably not even aware: “non-disabled privilege”. Non-disabled privilege means that “the world accommodates and validates your way of moving and communicating” and that “you’re free to go anywhere without worrying about accessibility.” Click here for more information.
The Department of Education’s Office for Civil Rights has released a list of higher education institutions that are being investigated over the institutions' handling of sexual violence and harassment complaints. The full list of institutions is mentioned in the article. Click here to gain more information.
Affirmative Action Opinion Raises Diversity Concerns in Higher Education
An April 2014 decision by the U.S. Supreme Court may result in less diverse graduating classes from public universities in Michigan and other states that pass laws mandating race-blind admissions policies. Click here to learn more.
You’ve probably heard that men are paid more than women are paid over a lifetime. But what does that mean? Are women paid less because the women choose lower-paying jobs? Click here to learn the facts and other related information.
Speak up when Offended at Work
Global diversity professionals say that, to create a workplace environment that prevents offensive language, it’s important to be aware of the differences in individuals' expressions and how these individuals tend to interact and communicate with colleagues. Click here to learn more about unintentional offenses and the lessons learned.
Three laws have had a dramatic effect on the way sexual assault claims are adjudicated on America’s campuses.
Click here to learn about the Title IX of the Education Amendments of 1972, Family Educational Rights and Family Act (FERPA) and the Clery Act.
Sexual harassment includes offensive or pervasive conduct in the workplace related to a person’s sex that negatively affects a reasonable person’s employment. Unfortunately, sexual harassment is common in workplaces throughout the United States. Click here for further information.
Federal and state laws prohibit employers from asking certain interview questions that are not related to job hiring. Interviewers should not ask questions related to race, color, arrest records, disability or marital status.
Click here to access the guide to non-discriminatory interviewing.