Proposal for WSU Updated Title IX Policy, Procedures, & Sexual Violence Support

 Title IX Action Team at WSU 

25 January 2021 

Proposal for WSU Updated Title IX Policy, Procedures, &  Sexual Violence Support  

Spirit of WSU Title IX Action Team 

As dedicated members of this community, we want to contribute to WSU’s  accountability to the highest legal and ethical standards in addressing sexual violence.  While remaining in line with federal legislation, institutions can engage in leadership that  protects the civil rights of all university members, while providing educational and work  environments that promote excellence for all.  

As a Team, we are looking forward to Nancy Cantalupo, J.D., who specializes in Title IX  legislation, joining the law faculty at WSU August 2021. 

Background 

Title IX is a federal civil rights law that prohibits gender-based discrimination and offers  protections including supportive measures, investigations, and resolution procedures for  all university members—faculty, staff, administrators, and undergraduate, graduate,  professional, and medical students. 

In the following proposal, we use the term “sexual violence” to encompass intimate  partner violence, stalking, sexual harassment, sexual assault, and rape. 

On May 6th, 2020, the Department of Education issued its Final Rule changing the Title  IX obligations of all schools receiving federal funding. The Rule contains dangerous  provisions that go against best practices, tip the scales against survivors of sexual  violence, and jeopardize tens of thousands of students’ civil right to an education free  from discrimination. 

Creating university policies that do only what Title IX requires, and not above and  beyond, can have devastating consequences for students and their families in  particular, but also all university members. Specifically, the rule will require schools to  only investigate the most extreme forms of harassment and assault, require schools to  ignore most violence that occurs off-campus, require live hearings and direct cross examination of complainants and respondents by each of their chosen representatives,  and allow needless delays in the completion of Title IX investigations. Altogether, these 

changes will discourage survivors from coming forward and utilizing the Title IX process  at their schools, resulting in rampant sexual violence going unaddressed. This becomes  an equity issue, given women, trans individuals, and people of Color are at increased  risk for sexual violence, with decades of research showing devastating mental health,  physical health, and academic outcomes of sexual violence1.  

Purpose 

However, while remaining in compliance with federal law, we are calling on Wayne  State University to uphold the civil rights of all members of the campus community.  Multiple sections within the rule give schools discretion to choose how policies are  

implemented. In this document, we propose changes to Wayne State University’s  approach to Title IX that are in line with the interest of Wayne State University to (1) be  in legal compliance with Federal Regulations in regard to Title IX; (2) provide an  equitable and safe environment for all WSU members; and (3) demonstrate institutional  courage2 by establishing and upholding research-based trauma-informed policies and  avenues of support that reduce harm for survivors of sexual violence.  

Impact 

Preventing and addressing sexual violence at Wayne State is crucial for the university  community. Insufficient Title IX policies, procedures, and support often mean that  scholars leave the university and/or their field. This brain drain contributes to the leaky  pipeline for women and underrepresented minorities in STEM and other fields, given  that they are more likely to be victimized. Moreover, it means that WSU loses the  knowledge, skills, and talents of top scholars. Experiencing sexual violence interferes  with a person’s ability to produce top scholarship, be an active member of the university,  and perform to their best ability. Without sufficient support and staffing, Title IX Directors  may be overburdened, leading to high turnover. High turnover means spending extra  time and resources on hiring and training. Wayne State University is federally required  to reduce and address sexual violence. There are also benefits for universities who  properly address and reduce sexual violence. An effective Title IX Office and Resource  Center can attract top talent across fields. Finally, the university has a chance to  educate individuals who will take their knowledge and anti-violence attitudes into the  world as leaders in their fields and communities. Making best-practice policy changes  will set Wayne State on the front end of the direction of Higher Education. 

As stated by the National Academies of Sciences, Engineering, & Medicine’s (NASEM) 2018 report3 on sexual harassment in academic settings, universities must be prepared  policy-wise and person-power-wise to prevent and respond to sexual violence, as Title  

IX is meant to uphold the rights of all university members including students, staff,  faculty, and administrators. Further, we hold that the entire academic community is 

responsible for reducing and preventing sexual harassment, with leadership, such as  the President and Provost, holding particular responsibility to move beyond legal  compliance to address culture (e.g., values, mission statements, codes of conduct) and  climate (e.g., how community lives and experiences those values, mission statements,  codes of conduct, etc.). To support such collaboration across WSU, it is necessary to  include representation from sexual-violence research and clinical experts, faculty (full and part-time), graduate employees, staff (full- and part-time), and students (graduate,  professional, and undergraduate), in the decision making for the permanent policy on  sexual misconduct. 

Proposed Changes at a Glance 

The changes proposed below are categorized into two tiers:  

1) Federally-Compliant Title IX Policy Changes: immediate policies that can be  updated and upheld by the university. The policies are trauma-informed and are  recommended by national and international anti-violence organizations and  experts. All recommended policies are in federal compliance with the Final Rule  issued in May 2020.  

2) Necessary Initiatives for Title IX Success, Viability, and Sustainability: initiatives  that are needed for the university to sustain the aforementioned Title IX trauma informed policies. These initiatives include funding, staffing, training, and other  necessities to promote the success of trauma-informed support for diverse  survivors, and research-based prevention strategy.  

We call on the University to issue a written public statement declaring its commitment to  these policies and including sexual-violence experts, faculty (full- and part-time),  graduate employees, staff (full- and part-time), students (graduate and undergraduate),  in the decision-making process for the Title IX permanent policy decision making  process by May15, 2021.  

Proposed Changes in Detail 

Tier 1: Federally-Compliant Title IX Policy Changes 

1. Establish an advisory board consisting of qualified Wayne State members  (faculty, graduate students) and the Title IX Director to develop and conduct an  annual Campus Climate Survey. Campus climate surveys are necessary to  determine the prevalence and effects of sexual violence on campus, campus  knowledge of resources in response to sexual violence, and campus beliefs and  attitudes about sexual violence that may make campus an unsafe environment  for survivors. Wayne State University employs multiple researchers across 

disciplines who can lend their expertise to survey construction and data analyses and interpretation. The results of this survey will be crucial in determining how to  effectively improve the well-being and safety of our students, staff, and faculty.  

2. Maintain the “preponderance of the evidence” standard as the standard of  evidence in all campus sexual misconduct, harassment, and discrimination  cases. Preponderance of the evidence is the only standard that values the  education of both complainants and respondents equally. 

3. Establish a time limit of sixty calendar days for the completion of sexual  misconduct, harassment, and discrimination cases, with exceptions only for  substantial extenuating circumstances. Lengthy investigations are emotionally  taxing on survivors, often causing students to drop-out before their cases are  complete. Drawn-out timelines are bad for complainants and respondents alike,  leaving them uncertain of where things stand with their schools. The timely  completion of investigations will require necessary staffing, discussed in Tier 2. 

4. Establish a safe-for-survivors reporting protocol. Blanket university mandated  reporting, which is not legally required, can have traumatizing and revictimizing  effects on survivors when their freedom to disclose and decide how to pursue  future steps is stripped from them. The program should allow for options of  confidentiality, anonymity, and give the survivor agency and choice to decide  next steps in their case. This requires the university to cease the use of universal  mandated reporting and instead make use of an “Individual-Directed” model. 

a. Limit the number of Responsible Employees to only those who are  necessary (e.g., Title IX Director, etc.) 

b. For all other campus members, if an individual discloses and wants a  formal report, it is required that the person who received the disclosure facilitates the report to be investigated by the Title IX Director. 

c. Whereas, if an individual discloses and does not want to make a formal  report, the incident is not disclosed further (e.g., to Title IX Director).  d. Of note: Direct contact from the Title IX office should not be the only way  that university members get access to their rights and options under Title  IX. All options, resources, and processes should be clear, easily  understandable at a conversational level, and advertised so well that all  members of the campus community know where to go for help,  

assistance, to report, what will happen if they report, etc. 

e. Survivors must be given the option of anonymous reporting (for example,  online systems like Callisto) in order to aid in tracking rates of violence even for cases in which the person does not want to formally report 

f. Upon reporting an incident, the first person to contact the survivor should  be a confidential case manager to explain next steps, procedures, and  options, including the choice of contacting the Title IX Director. The Title 

IX Director should not be in direct contact with the survivor until/unless the  survivor chooses to contact them. 

5. Bar the use of informal resolution mechanisms, including but not limited to  mediation in cases of sexual assault, rape4, dating and domestic violence, and  stalking that is an extension of such violence. It is widely agreed upon that  mediation is an inappropriate and even unsafe measure in these types of  situations—perhaps particularly when conducted by untrained professionals  (e.g., administrators with no background in trauma, violence, or mediation  outside of legal settings). Decisions to pursue different avenues will also require  the availability of different options, including seeking resources, legal action,  restorative justice, or to opt out of the services provided. See Tier 2. 

6. Continue to respond promptly to reports and carry out existing investigations into  sexual misconduct during the global health crisis. The new rule makes clear that  Title IX processes may continue remotely in the face of the COVID-19 pandemic.  The rights of university complainants and respondents alike hinge on schools  maintaining their commitment to prompt and equitable investigations even during  these unprecedented times. 

7. Provide sexual misconduct procedures for investigations and access to  reasonable interim/supportive measures regardless of where or when the  violence or discrimination they experienced took place. Most students at Wayne  State live off-campus, including graduate students, so many instances of sexual  violence that will affect our students will happen in off-campus settings, including  but not limited to off-campus housing, academic conferences, study abroad, and  online. While the rule does not allow formal Title IX investigations of off-campus  violence, schools can still create separate but parallel sexual misconduct policies  that ensure all university members can report off-campus violence and be  connected to resources. The addition of staffing requested in Tier 2 will aid in  providing these additional response services. 

a. Furthermore, the University shall continue to recognize any situation  where a university member is acting in their role as a university member  (including but not limited to: academic or other related conferences,  student organization events, Study Abroad programs, Alternative Breaks,  online interactions) as an “affiliated program or activity” and investigate  incidents of sexual misconduct that occur during these programs  accordingly.  

b. Exceptions include story sharing at awareness-raising events, such as  Take Back the Night.

8. Follow the Department of Education’s rescinded 2016 guidance on protecting  LGBTQ+ students in order to ensure all students have equal access to a safe  learning environment, regardless of gender identity or sexual orientation. 

9. All policies must be easily available to and understood by the community. All  community members should be able to: (1) know or easily discover university  policies; (2) easily understand Title IX policies and procedures in Plain English*;  (3) easily access all Title IX policies and procedures; and (4) be provided easily  understandable explanation of federal regulations and compliance. 

*Note: This information can include reference to free translation software, such as  Google Translate, for international or other university members for whom English is not  their first language.  

Tier 2: Necessary Initiatives for Title IX Success, Viability, and Sustainability  

Note: To aid in funding Tier 2, two members of the WSU Title IX Action Team (M.  Colleen McDaniel, graduate student, and Jennifer M. Gómez, faculty) submitted a grant  proposal to WSU BOLD Moves for $1,000,000.  

As evidenced by this submission, our Team is willing to work with the university to find  creative strategies for funding these necessary initiatives amidst the financial  constraints at WSU, the State of Michigan, and higher education more generally.  

1. Institute Title IX Direct Reporting Line and Independent Office. The Title IX Office  must reduce both their conflict of interest and their appearance of conflict of  interest with the University as much as possible. In order to do so, the Title IX  Office must have:  

a. A direct reporting line to the University President and/or Provost.  b. Title IX Director must also have an office independent of offices that serve  the university’s interest, such as General Counsel or the Office of Equal  Opportunity.  

c. The Title IX Office must consist of the Title IX Director, as well as  competent, qualified, full-time investigators. All staff should be required to  participate in cultural competency educational programming and be  certified to provide trauma-informed services. 

2. Create a Violence Resource Center. The position of the Title IX Office is legally  required to support and accommodate both the complainant and respondent.  Failure to do so could result in legal action against the university from either side.  Separate Violence Resources are necessary to provide specialized support for  survivors. As Title IX covers all university members including students, faculty,  staff, and administrators, an independently housed resource center is necessary  to meet the needs of all stakeholders. For example, this center must be separate  altogether from DOSO, which serves exclusively students, and offices that serve 

the University, such as OEO or General Counsel, as this may deter survivors  from seeking out support. This center should be staffed with:  

a. Multiple, full-time confidential survivor advocates. Specialized support staff  are necessary for the health and well-being of survivors. Advocates are  confidential and can provide survivors with resources, information, and  

other support. The campus community at Wayne State University is incredibly diverse and come from different backgrounds, religions, and  identities that make their experiences unique. It is an injustice to not  provide culturally competent advocates for survivors that are  

representative of the campus population. These advocates should be full time, trauma-certified, culturally competent, and sex-positive.  

b. Multiple, full-time clinicians. Although the university offers a few avenues  for mental health services, they are unable to meet the needs of the  campus community, as wait-lists are often long and treatment time limited.  Survivors seeking help require immediate and, sometimes, long-term  services. For reasons stated under 2a, it is necessary for the Resource  Center to have full-time, trauma-certified, culturally competent, and sex positive clinicians. 

c. Full-time Prevention and Education Staff. Ending violence begins with  prevention and education for all university members. Sexual violence is a  broad and pervasive issue that requires expertise, programming, and  strategy. For reasons stated under 2a, these specialists should be full time, trauma-certified, culturally competent, and sex-positive. 

d. Peer educators. Peer education has become a widely regarded means of  prevention education. Peer education provides an opportunity for  university members to receive prevention knowledge from those similar to  them, often with shared experiences. For example, student peer educators  are often undergraduate and graduate students who can “get real” with  their peers about social norms. For reasons stated under 2a, peer  educators should be trauma-educated, culturally competent, and sex positive. 

e. Hotline volunteers. To support survivor-safe disclosing options, survivors  need a variety of ways to disclose and receive support anonymously and  confidentially. Having a confidential support hotline for survivors to call would provide them with the chance to anonymously disclose their  experience and to receive support free of judgement with reduced risk of repercussion. For reasons stated under 2a, hotline volunteers should be  trauma-certified, culturally competent, and sex-positive. 

3. Mandate and provide regular education and programming for prevention,  intervention, and trauma-informed work and learning environments. One-time  trainings (in-person or online) do not work. Education and programming should  include an initial one-time training only if it is an introductory part of ongoing  university programming. This includes providing various education and  programming that are tailored to different university stakeholders.

a. Perpetration. For collegiate sports, Set the Expectation is a widely-used,  successful program developed by registered nurse and gang rape  survivor, Brenda Tracy. 

( https://settheexpectation.org/mission ). Tracy is currently developed a  trauma-informed curriculum that incorporates the state of the art research  in the field—including expertise from faculty at WSU (e.g., Gómez).  

b. Bystander Intervention. A handful of university staff are already trained in  the Green Dot Bystander Intervention training program. This program has  evidence-based efficacy and has shown improvement in sexual violence related attitudes and behaviors. 

( https://alteristic.org/services/green-dot/ ) 

c. Social Norms Campaigns. Addressing social norms among community  members via research-based social norms campaigns has been  successful in reducing rape-perpetuating beliefs and attitudes across  campus communities. These campaigns are often low-cost and universal,  making anti-sexual violence normative to all campus members. 

4. Education for Administration on Sexual Harassment in Higher Education a. Screen Picture A Scientist, (https://www.pictureascientist.com ), an official  selection of the 2020 Tribeca Film Festival, which exposes pervasive  sexual and gender harassment in academic STEM, while documenting  barriers to and successes in institutional change towards equity  b. Follow the screening with a moderated panel discussion by and with  experts from within WSU, such as: 

i. Associate Provost for Diversity & Inclusion: Dr. Marquita Chamblee ii. Faculty (beginning Fall 2021): Nancy Cantalupo, J.D. 

iii. Title IX Director, Brandy Banks 

iv. Faculty, Dr. Jennifer M. Gómez 

c. Provide transparency regarding a clear, documented plan for steps to be  taken based on the knowledge acquired during the film and screening d. Require film screening and panel for upper level administrators, including  the President, Provost, Associate Provosts, members of OEO, Title IX  Director, all Deans, all Department Chairs 

i. If requiring such attendance is not feasible, attendance shall be  encouraged through: 

1. Leadership promoting and attending the event 

2. Incentives provided for attending (e.g., Such attendance is  

expected as we make decisions for how to allocate new  

hiring lines across colleges, etc.) 

e. Optional but encouraged for all other university members: faculty, staff,  medical, professional, graduate, and undergraduate students 

5. Monetary funding must be prioritized and earmarked for preventing & addressing  sexual harassment at Wayne State University for all of the above. a. Funding will also be necessary for: invited speakers/workshops, summer  salary for faculty and graduate students with violence research expertise,  prevention training and on campus programming events, funding for  annual research surveys, and event funding.

6. Give monetary resources to community agencies that are serving university  members, such as:  

i. Wayne County SAFE: Sexual assault, counseling, etc. 

ii. Sasha Center: Sexual Assault Services for Holistic Healing 

iii. Metro Detroit Association of Black Psychologists  

iv. Wayne County First Step 

v. HAVEN 

Cutting Edge of the Field 

The current WSU Title IX Team Proposal aligns with recommendations from: 

○ National Title IX Team 

○ NASEM Action Collaborative on Addressing Sexual Harassment in Higher  Education 

○ NASEM Sexual Harassment Summit Panel, Finding Common Cause  Centering Survivors in Reporting Policies, 2020 

○ Know Your IX, 501(c)3 

○ Brenda Tracy, Founder of Set the Expectation, 501(c)3 

○ Center for Institutional Courage, 501(c)3 

○ Tulane University Title IX Model 

○ University of Oregon Title IX Model 

○ Sexual Violence & Title IX Experts 

i. Jennifer J. Freyd, Ph.D. 

ii. Courtney Ahrens, Ph.D. 

iii. Kathryn Holland, Ph.D. 

iv. Kathryn Clancey, Ph.D. 

v. Nancy Cantalupo, J.D. 

vi. Jennifer M. Gómez, Ph.D. (WSU) 

vii. Many More 

Supported by WSU community members, such as: 

○ Graduate Student’s Employee’s Committee 

○ Wayne State Faculty Research Experts 

○ Wayne State Graduate Research Experts 

Conclusion 

With this proposal, we implore WSU administration to issue a written public statement  declaring its commitment to the above federally-compliant Title IX policy changes; the necessary initiatives for Title IX success, viability, and sustainability; and the inclusion of sexual-violence experts, faculty (full- and part-time), graduate employees, staff (full- and 

part-time), students (graduate and undergraduate), in the decision making for the Title  IX permanent policy decision making process by May 15, 2021.  

Finally, the WSU Title IX Action Team is looking forward to collaborating in this effort for anti-sexual violence best practices, putting WSU at the forefront of this ongoing fight for  trauma-informed resources and research-based violence prevention across Higher  Education. 

In solidarity,  

Wayne State University Title IX Action Team 

Graduate Students (in alphabetical order) 

Elizabeth Drake, M.A., Graduate Assistant, Department of English, WSU Zunaira Jilani, M.S., M.A., Graduate Fellow, Department of Psychology, WSU Alana Keller, Graduate Assistant, Department of Psychology & MPSI, WSU M. Colleen McDaniel, M.A., Graduate Fellow & Team Coordinator, Department of  Psychology, WSU 

Molli Spalter, M.A., Graduate Assistant, Department of English, WSU Drew Wiggins, Graduate Assistant, Department of Psychology & MPSI, WSU 

Faculty  

Jennifer M. Gómez, Ph.D., Assistant Professor, Department of Psychology & MPSI,  WSU 

AFT Representatives 

Taylor Monday, Staff Organizer, Graduate Employee’s Organizing Committee, AFT  #6123 

John Ware, Ph.D. Higher Ed Union Representative, AFT Michigan 

1See Freyd’s website for a compendium of research articles on the impact of violence:  

https://dynamic.uoregon.edu/jjf/traumapapers.html 

2Institutional Courage is when an institution causes harm to people who depend on it. For more information please  see: https://www.institutionalcourage.org/the-call-to-courage 

3NASEM Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, &  Medicine Report: https://www.nap.edu/read/24994/chapter/1 

4 Barring mediation is in line with the 2001 Title IX Guidance released by the Department of Education under the Bush  administration and upheld by the Department under the Obama administration.