Members of the Colgate Campus Community,
In May of this year, as all colleges and universities were facing the severe consequences of the COVID-19 pandemic, the Department of Education released a 2,000-page report in which it significantly altered federal regulations regarding Title IX cases on campuses. The regulations require changes in campus-based Title IX procedures to be implemented by August 14. In response, Colgate has revised its policies and processes for responding to complaints of harassment, discrimination, and sexual violence.
We write to speak to these changes, to offer the opportunity to address these changes when we return to campus, and to continue to offer our support to our students. And while these revisions were required by changing federal and state regulations, we also write to indicate that Colgate’s policies will continue to reflect our commitment to the health and well-being of our students and remain fully in service of a more equitable and inclusively supportive Colgate.
Survivor experiences, shared in various ways since the HEDS sexual assault survey data were released, make abundantly clear that Colgate must strengthen its efforts to ensure that our campus is consistently safe for all of our community members. The letter we recently received from a large number of Colgate students also shows the passion and commitment our students bring to these issues and what we must expect of ourselves. This is work that must include the entire Colgate community, and we are extremely grateful to the faculty, staff, and students who have reached out to declare their willingness to help with this work.
During the past several weeks, in response to the new Department of Education guidelines, we have been working with campus offices, the Faculty Affairs Committee, Title IX offices at our peer New York Six campuses (Colgate University, Hamilton College, Skidmore College, Hobart and William Smith Colleges, Union College, and St. Lawrence University), our national associations (who themselves have been in direct contact with the Department of Education) to revise our policies so they are in accord with the new regulations. Please note that, as we return to campus, we will continue to work with campus offices, faculty and staff, and students regarding these policies and the ways in which we can support our students.
The documents setting out these revised policies and processes will be available online by the end of the day on Friday, August 14. Campus offices will be providing educational materials and hosting discussions and forums regarding the revisions as we move into the fall semester.
Here is a brief guide to the required revisions and where Colgate’s policies stand:
- The new Department of Education regulations limit the kinds of sexual misconduct to which colleges and universities must respond under Title IX. (For example, the new regulations do not cover all off-campus sexual misconduct.) The regulations do, however, allow institutions to respond to other kinds of sexual misconduct if they so choose. Colgate will continue to respond to a broader spectrum of concerns and conduct, including off-campus misconduct.
- Although the new regulations allow institutions to shift their standard of evidence, Colgate will continue to use the “preponderance of evidence” standard for all Title IX cases.
- Title IX case proceedings now must allow for attorney-advisers for complainants and respondents. Under the new regulations, these advisers must be allowed to ask questions of all parties in a Title IX case. The new regulations do, however, allow for these questions to be funneled through the panel chairperson, who first determines whether a question is relevant and non-abusive. Colgate’s process will arrange for an attorney to oversee the hearings to ensure that all questions are relevant, appropriate, and respectful. (Please note that recent updates from the Department of Education make clear that this regulation is not retroactive; it will not affect complaints that took place before August 14, 2020.)
- The Department of Education’s updated regulations emphasize the need for institutions to consistently provide meaningful supportive and protective measures for survivors. Colgate’s policy continues to stress this as well. We will continue to provide a robust portfolio of supportive and protective measures. (Links to these services are set forth below.)
- New York State’s harassment laws require employers to respond to a wider array of harassing behaviors than had been the case in the past. Colgate’s new policy documents likewise consider in more detail the ways in which the University can respond to a wide array of discriminatory or harassing conduct, including but not limited to incidents of racial bias.
- The regulatory environment, both at the state and federal level, allows more space for alternative forms of dispute resolution when all parties involved are willing to pursue such paths, and Colgate’s new policies now reflect this.
The Office of Equity and Diversity will work to ensure that community members who bring complaints are well-informed about the new policies and well-supported through the new processes. Fair process is a priority, as is repairing harm and facilitating healing and safety for all members of the community irrespective of race, sex, gender identity/expression, sexual orientation, age, ability, religion, or socio-economic status.
These important issues deserve the careful attention of our community, even in this current moment as we approach the start of an unprecedented fall semester. Therefore, we are committed to ensuring that there will be formal opportunities for us, together, to engage with questions raised by these policy documents once we have settled into the upcoming academic year.
In the meantime, for those seeking support, please turn to these campus services:
Haven provides support and clinical services for survivors and those negatively affected by trauma. Their website is here. Also, in partnership with the counseling center, Haven will be offering trauma-informed telehealth services. The counseling center website is here and will be updated with more information soon. Students can schedule appointments by calling the counseling center office (an online form will be available once classes start). Students can call 315-228-7385 to schedule an appointment for either a phone call or a Zoom telehealth appointment.
Cassandra Havener is an advocate for Help Restore Hope, and she will be working with Colgate again this year. Her information is below. Help Restore Hope offers a variety of services, including a hotline, that are independent from Colgate.
Cassandra Havener, BS (Cassandra is a confidential resource.)
Help Restore Hope Center Advocate
Phone: 315-363-0048 x2149
Work cell: 1-607-373-8051 (call or text)
Email: chavener@liberty-resources.org
24/7 Hotline: 1-855-9-nowsafe (1-855-966-9723)
Staff and faculty members in need of support can access the Employee Assistance Program through this website.
Help Restore Hope has a listing of community resources here.
The National Sexual Assault Hotline can be reached at 1-800-656-4673.
Sincerely,
Brian W. Casey
President
Tracey Hucks
Provost/Dean of the Faculty