Title IX Task Force Findings

Investigation - Few reported cases are formally investigated, with a large proportion of complainants declining to file a formal complaint or pursue an investigation. Further, cases against faculty are less likely to result in a reasonable cause finding than those against student and staff. Discipline - There is no faculty-governed process for disciplinary action short of termination for faculty. Further, there is inconsistency in documentation and execution of discipline for faculty and staff. For all constituents, there are no guidelines for responding to conduct that falls short of a policy violation but is nonetheless inappropriate.

 

Members of Investigation Subgroup

Traci Batchelder, Employee Relations Consultant, Human Resources, Deputy Title IX Coordinator for Staff; Mandy Bidinger, Executive Assistant for the Dean of Students and Title IX Project Manager; Dr. Tom Chandler, Professor and Dean of the Arnold School of Public Health; Dr. Audrey Korsgaard, Faculty Senate Chair and Professor of Management and Director, Riegel and Emory Human Resources Center; Dr. Carl Wells, Interim Director, EOP Office; Kevin Sheppard, Investigator, EOP Office.

 

Prioritized Action Items and Timeline for Deployment

 

1. Internal Communications

Action Item / Completion Goal
Develop and implement enhanced internal protocols for communications and information-sharing between EOP and the Title IX Office and Human Resources, Provost’s Office, and Office of Student Conduct regarding Title VI, VII and Title IX cases.

Details
This initiative is planned during the 2021-2022 academic year, in coordination with the new Title IX Office structure and reporting pathways.

 

2. Investigators

Action Item / Completion Goal
Benchmark Investigator Qualifications and Salary.

Details
We have obtained preliminary benchmarked data on investigator qualifications and salary from SEC schools and other state schools in the Southeast. Further data on position descriptions, salary ranges and human capital requirements (education, experience, etc.) is needed. Human Resources will consult with our Classification & Compensation Department for their input on additional benchmarking resources. This initiative is underway in Fall 2021 as it relates to the Title IX Office structure proposal.

 

3. Cases that Fall Short of Policy Violations

Action Item / Completion Goal
The University will work to ensure the enhanced internal coordination of cases that fall short of policy violations between EOP and the Title IX Office and Human Resources, the Provost’s Office, and the Office of Student Conduct. This initiative includes ensuring the consistent referral of applicable complaints to appropriate university departments (HR, Provost’s Office and Office of Student Conduct) for further action and/or disciplinary review.

Details
This initiative will also require the development of an external communications plan to promote the awareness of available resources for reporting conduct concerns that fall short of policy violations. This effort will be initiated in Fall of 2021. The Continuum of Care Case Management Team meetings (outlined in Investigation 7, below), established during the Spring of 2021 have already assisted in facilitating communication and the coordination of information between relevant campus partners.

 

4. Investigation Protocols

Action Item / Completion Goal
Develop revised plans for investigation protocols with guidance of subject matter experts.

Details
EOP and the Title IX Office will develop revised plans for investigation protocols for Title VI, Title VII and Title IX cases with the guidance of subject matter experts. The university will also develop and seek out further offerings for training on investigation protocols and legal developments by subject matter experts. This initiative will start in the Fall of 2021. In preparation for this, on July 14th 2021, Cozen O'Connor delivered an all-day training for our Title IX Implementers, including all EOP investigators, that included a lengthy section regarding investigations.

 

5. Serial Microaggressions

Action Item / Completion Goal
Review and enhance internal strategies/procedures for addressing serial microaggressions from faculty and staff.

Details
Human Resources will work with the Office of Professional Development to develop training and other resources for supervisors to help them better address microaggressions/toxic work environment concerns among employees. This initiative will start during the 2021-2022 academic year.

 

6. Non-Protected Class Anti-Bullying and Harassment Policy

Action Item / Completion Goal
Develop a non-protected class anti-bullying and harassment policy for all employees and develop a communications rollout plan for new policy.

Details
Currently, the university has a Faculty Workplace Bullying policy (ACAF 1.80), but no similar policy exists for staff. Per the recommendation we will seek to replace ACAF 1.80 by developing a non-protected class anti-bullying and harassment policy that applies to all employees with a communications rollout plan for the new policy and available resources for concerns. This initiative will begin in Human Resources in the 2021-2022 academic year.

 

7. Case Review

Action Item / Completion Goal
Add two additional case review groups. 

Details
In April of 2021, the interim Title IX Coordinator organized two IPV Continuum of Care Case Management Teams (IPV COC-CMT), each of which meets weekly to discuss on-going cases and facilitate communication between staff involved in the response to reports, case management and supportive services. The teams are separated into cases involving student respondents and faculty/staff respondent. Chaired by the Title IX Coordinator, membership includes Law Enforcement, SAVIP, EOP investigators and directors, Live Hearings Coordinator, and corresponding Deputy Title IX Coordinators. For student cases, membership also includes university housing, undergraduate ombuds, and the chair of our student respondent resource committee.

In addition to the IPV COC-CMT, two additional groups were proposed by the former President, but not implemented due to the change in administration. The Interim President or new President should evaluate the utility and need for these groups:  

• Discrimination & Harassment Presidential Briefing Group: Monthly presidential briefing on educational activity, expressive activity, and high-level case analysis for all harassment and discrimination matters on campus.
• Discrimination and Harassment Peer Review Committee: Small group that meets bi-weekly to review university discrimination and harassment cases with the charge of providing peer review of completeness and validity of investigations; scope includes gender-based discrimination and harassment (Title IX) as well as discrimination and harassment based on protected classes outside of gender (Title VI/Title VII).  

 

8. Policies and Procedures

Action Item / Completion Goal
Develop an ongoing review group to analyze system level efforts to comply with policies and procedures related to discrimination and sexual and gender-based harassment, interpersonal violence and sexual assault and the University’s responsibilities under state and federal law, including Title IX and its implementing regulations.

Details
This review group is recommended to include the Title IX Coordinator, EOP Director, representatives from Cozen O’Connor and the Office of General Counsel. The group would be tasked with analyzing trends and identifying internal and external subject matter experts to guide the development of policies, procedures, and future training needs. This initiative will be launched by the new office of the Title IX Director after office is put in place.

 

9. Non-Protected Class Anti-Bullying and Harassment - Review and Resolution of Concerns

Action Item / Completion Goal
Develop an ongoing review group to analyze system-level efforts to comply with non-protected class anti-bullying and harassment initiatives. 

Details
Within the finalized office structure for the Title IX/EOP offices, assign specific responsibilities for addressing and/or forwarding non-protected class anti-bullying and harassment concerns to HR, Provost, or Office of Student Conduct for appropriate resolution through student and employee codes of conduct. Assigned responsibilities would include liaising with the Council of Academic Diversity Officers and the Faculty and Staff Senates for education and prevention efforts regarding anti-bullying and harassment. This group would be tasked with reviewing policy compliance and trend analysis, in addition to identifying internal and off-campus experts to guide the development of policies, procedures and future training needs.