Changes to Title IX Guidance
From Dr. Jean Morrison, University Provost and Chief Academic Officer
On Friday, September 22, 2017, the U.S. Department of Education rescinded its 2011 guidance on how colleges and universities should investigate, adjudicate, and resolve complaints of sexual misconduct under Title IX and issued new guidance that will remain in effect until new regulations are issued after a rule-making process.
I am writing today to assure members of our community that Boston University remains committed to a campus environment that is free from all forms of sexual misconduct, including sexual assault and sexual harassment. As we await further details from the Department of Education about the new regulations, Boston University does not plan to make any changes to our current Sexual Misconduct/Title IX Policy or Student Sexual Misconduct Procedures. We remain confident that these policies and procedures – which were substantially revised in 2015 – fulfill the Department of Education’s mandate that educational institutions address sexual misconduct in a manner that is fair, impartial, and respects the rights of all parties.
We will continue to use a “preponderance of the evidence” standard in determining whether the facts support a finding of responsibility for violation of our sexual misconduct policies. This is consistent with the standard we use for other violations of our Code of Student Responsibilities.
We will also ensure that interim measures taken while any investigation is pending are individualized, available to both parties, and are based on information gathered by the Title IX coordinator. We have made considerable progress in recent years toward increasing awareness of sexual misconduct, eliminating its occurrence on campus, diligently investigating all reports of sexual misconduct, providing support for parties during the process, and dealing fairly and impartially with those accused. It is essential that we continue our collective work in these areas and implement a Title IX program that has the confidence of the entire University.
I want to affirm that we will continue to provide support and resources for those impacted by sexual assault. In addition to protections detailed in our policies and procedures, the University’s Sexual Assault Response and Prevention Center (SARP), provides confidential care and support for victims of sexual assault and promotes awareness and prevention through educational programs. Deputy Title IX coordinators have also been appointed in each of our 17 schools and colleges and several student-related administrative offices to ensure that students affected by sexual misconduct can turn to someone in their own school, college, or residence hall to get help.
I will continue to keep you apprised as we learn more about the forthcoming new regulations. Creating a safe campus environment and a culture of respect is the shared responsibility of all members of the BU community. This must continue to be among our highest priorities.