The U.S. Department of Education (DE) announced new regulations regarding how institutions handle Title IX-related investigations this May. In accordance with these new regulations, University of Idaho worked with students, staff and faculty to develop new Title IX policies.
The changes are intended to ensure a more reliable adjudication process, according to DE. While the law itself did not change, institution-specific regulations needed to be adjusted to ensure they remained under in alignment with federal policy. The 2,000-page-long document draft had 28 pages of regulations.“We knew something was coming, we just didn’t know exactly what it looked like,” Title IX Coordinator Erin Agidius said.
Agidius, who is also the director of the Office of Civil Rights and Investigations (OCRI). She ensures UI is complying with Title IX regulations and ensures OCRI investigates issues as they arise.
Adjusted UI regulations needed to be implemented by Aug. 14, 2020. Since Faculty Senate does not meet throughout the summer, Agidius used an emergency policy.
Various meetings were held throughout the summer with a large advisory board consisting of students, faculty, staff council, Dean of Students Blaine Eckles, Alternatives to Violence of the Palouse and others. There a core group focused on drafting the policies.
The biggest policy change was live cross-examination, Agidius said.
“If a case goes to a live hearing, there will be cross-examination by the party’s advisors,” Agidius said. “The university has to provide an advisor if the individual doesn’t have their own. The purpose for that advisor is to conduct that cross-examination”
Emily Null, a senior studying criminology and sociology, believes this will prevent victims from coming forward.
“In a live trial, you’re having to sit in front of the person that did these things to you against your will, so you’re revictimizing these victims for no reason,” Null said. “I feel like you can still get a good trial without the victim and the offender being in the same room.”
According to UI Director of Communications Jodi Walker, the victim does not need to be in the same room as the accused. The cross-examination can be done virtually instead.
If an individual does not want to participate in the hearing, none of their statements can be admitted or considered by the panel unless they submit to cross-examination, Agidius said. This is another change. Before, individuals could simply submit a statement.
Other hearing policy changes include: a single process will be used for all students and employees, every question asked has to wait for the hearing chair to determine relevancy and those who do not wish to participate in the university’s formal disciplinary process may choose to participate in an informal resolution process upon filing a Formal Complaint.
Null said victims may not feel UI is adequately protecting them, which could result in a sense of dread.“One of the biggest challenges was figuring how we can create a system and support the individuals who are participating in a Title IX process feel supported while also maintaining compliances,” Agidius said.
This article has been edited to correct a factual error regarding whether the victim and the accused must physically be in the same room for Title IX-related hearings.
Evelyn Avitia can be reached at [email protected].