Impact of Federal Changes to Title IX

October 27, 2020

New federal guidelines issued by the Department of Education in the summer of 2020 have resulted in changes to Title IX. HSU remains committed to providing support and resources to survivors of sexual and gender based harassment, sexual violence, intimate partner violence, and stalking, including campus accommodations and maintaining options for accountability. 

Title IX is a Federal law that:

  • prohibits sex discrimination in education
  • provides students with rights and options if they experience sexual assault, dating or domestic violence, stalking, and/or gender-based harassment during their college years. 
  • requires universities to provide students reporting sexual misconduct with information about and options for campus accommodations, academic support, reporting and confidential support services. 
  • requires universities to respond in a timely manner to any reported acts of harm and investigate fully. Every campus is required to have a Title IX coordinator responsible for addressing and responding to Title IX cases.

Some key changes to Title IX include:

  • The narrowing of the definition of sexual harassment. The new guidelines state that in order for a case to fall under Title IX, the harm must be “so severe, pervasive, and objectively offensive that it effectively denies a person equal access to education.” 
  • Limiting Title IX to apply only to acts of harm that take place on campus or within an education program or activity. This means if an assault takes place off campus, the school is not required to investigate under Title IX. 
  • Changing the hearing process. If a case proceeds to a formal hearing, a live hearing that allows for cross examinations is now required. 

Impact of these changes to Title IX at HSU: 
HSU is committed to providing resources to students who report sexual misconduct and investigating any reports of sexual misconduct. If a case does not fall under the new Title IX executive order due to the location of where the alleged harm occurred or due to the type of harm, it will still be investigated under the Sexual Misconduct and Discrimination, Harassment, and Retaliation (DHR) executive order. The hearing process may be different depending on if the case is considered Title IX or DHR. Under both Title IX and DHR, an informal resolution without a live hearing is an option.

Reporting requirements have not changed: almost all HSU employees are still required to report incidents of sexual misconduct (sexual assault, dating and domestic violence, stalking and sexual and gender-based harassment) to the Office of Title IX.  

There are two ways to report sexual misconduct (including sexual and gender based harassment, sexual assault, dating and domestic violence, and stalking):

Important Resources at HSU
The Campus Advocate Team (CAT) is a resource for students, staff, and faculty at HSU and can be reached 24/7 at (707) 445-2881. CAT is a program of the North Coast Rape Crisis Team, and has been contractedby HSU to provide specialized services to the HSU community. CAT works with the university, but not for HSU. Who CAT works for is survivors of sexual assault, stalking, dating and domestic violence, and sexual and gender based harassment.

CAT provides completely free and confidential support resources to any HSU student, staff or faculty member via their 24 hour hotline 707-455-2881 and one-on-one in person* counseling, whether the harm was recent or happened years ago. 

Faculty, staff or students who are supporting survivors (students, colleagues, family or friends) can also call for support.

Campus Advocate Team also explains options for and the processes of reporting (through the Office of Title IX and UPD); they can help make appointments and accompany survivors who choose to make reports.

*During this pandemic time, CAT is offering socially distanced in person sessions at their HSU campus office, as well as  phone sessions.

Our Office of Title IX and Discrimination, Harassment and Retaliation provides students, staff and faculty reporting sexual misconduct (including sexual assault, dating violence, stalking, and/or gender-based harassment) and other forms of discrimination and harassment with information about and options for campus accommodations, academic support, reporting and confidential support services.

HSU must respond in a timely manner to any reported acts of harm and investigate fully (if this is what the person reporting harm wants).

Our Title IX & DHR Coordinator is David Hickcox: david.hickcox@humboldt.edu (707) 826-5177.

Our new Title IX & DHR  Investigator is Allan Ford: allan.ford@humboldt.edu.

They work with our Dean of Students Office, Office of Human Resources, and Academic Personnel Services to make sure that reports of harm are responded to as outlined by CSU’s Executive Orders 1096, 1097 and 1098.

You can reach out to them with any questions about Title IX and Discrimination, Harassment, and Retaliation.

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