SHARE in Conversation: Title IX at Reed
For many students at Reed, the phrase “Title IX” brings to mind the thought of investigations, hearings, and complicated reporting processes. However, according to the Title IX Office, this perception only reflects a small portion of what the federal law, and Reed’s Sex-based Harassment & Discrimination Policy, actually cover. Sexual Health, Advocacy, & Relationship Education (SHARE) Peer Educators spoke to Christy Martin and Reed’s Equity and Community Conduct investigator Sophie Wilson about the different services and support measures that Title IX can offer, as well as breaking down some of the common misconceptions about Title IX at Reed.
“Title IX is actually really expansive,” said Martin, Reed’s Title IX and Section 504 Coordinator. “It says that no one should be discriminated against on the basis of sex or gender in educational programs and activities. So really what Title IX is about is access to education.”
Martin has served in her role for two years, and Wilson has been in her role for approximately one and a half years. Together, they make up Reed’s Title IX team. The Title IX Coordinator oversees reports, supportive measures, and, when requested, helps students if they choose to pursue a formal Title IX complaint involving sex-based discrimination or harassment (which may or may not involve a formal investigation).
Many students associate Title IX solely with formal complaints about sexual misconduct. But in reality, these regulations (at both the federal level and in Reed’s policy) cover a wide range of issues related to sex-based discrimination. At many schools, Title IX is associated with athletics departments but since Reed does not offer competitive sports, the emphasis tends to land on certain behaviors explicitly prohibited by Title IX (including stalking, sexual harassment and assault, and domestic and relationship violence). Title IX also mandates institutional support for people who are pregnant or have a “pregnancy related condition.” This support may include providing lactation spaces on campus or facilitating accommodations for people who have just delivered a baby or terminated a pregnancy, among other supportive measures.
The who and where covered under Title IX jurisdiction are similarly more expansive than commonly thought—not only under federal regulations, but under Reed’s own policy. A common misconception about Title IX at Reed is that the college cannot respond to incidents that occur off-campus. This one is a little trickier: federal regulations tied to Title IX do require for an incident to have happened directly at an educational program or activity, and for the person seeking support to have been participating, or attempting to participate in, that program or activity at the time they file that complaint.
However, while federal regulations can place some restrictions on jurisdiction, Reed’s policy expands that baseline—both temporally and spatially—to include any incident that might have occurred (both on and off-campus) between two parties who are involved with the school’s programs and activities. The only requirement is that the parties be participating (or attempting to participate) in Reed’s programs and activities at the time the incident occurred, and that Reed still has some ability to place sanctions on the respondent (the person who allegedly perpetrated the harm).
To review: Title IX regulations require the complainant (the person making the complaint) to have been involved with the school at the time of filing the complaint. But Reed policy expands that jurisdiction to anyone involved with the school at the time of the incident itself. Reed also expands the amount of areas covered by Title IX. “If two students were at a party off campus… and it’s affecting how they access their education on our campus, we will still take jurisdiction,” Martin said.
“[O]ur current policy,” said Martin during the interview, “is our Sex-Based Harassment & Discrimination Policy, because it covers more than only what Title IX requires us to cover—both because the state of Oregon wants us to cover more than that, and because our community wants to cover more than that.”
Ultimately, Martin says that “when students or anyone at the institution experience discrimination or harassment on the basis of sex or gender in some way, they have rights [under Reed’s Sex-Based Harassment & Discrimination Policy] to get support and to pursue a resolution for that matter, if they want to.”
This highlights the next common misunderstanding: the difference between a report, a complaint, and an investigation. “A report,” said Martin in a follow-up email, “is simply notice to the Title IX Office that sex-based harassment or discrimination may have occurred.” After receiving a report, the Title IX Coordinator reaches out to the person who may have been harmed to offer support, resources, and information about their options. Responding to that outreach is not required. This is the only action the Title IX Office takes on reports except in the very rare case that the report presents an ongoing or imminent safety problem.
A complaint, in contrast, is when someone specifically asks the institution to pursue a resolution— either through Informal Resolution or formal grievance procedures. Students might hesitate to contact Title IX because they believe it will require months of interviews and hearings. That is the case if they pursue the formal grievance process—but formal procedures (investigations, hearings, etc.) are not the only available option. Even without a complaint, the Title IX Office can provide supportive measures, which can include room changes, academic accommodations, connections to counseling and other resources, and more. Some of these more intervention–style supportive measures include the No-Contact Order and the educational conversation.
No-Contact Orders prohibit two students from having contact with each other. While educational conversations do not require the other party to be informed, No-Contact Orders are mutual and do require both parties to be informed when used as a supportive measure.
For an educational conversation, Martin will reach out to the party who may have done harm and have a conversation with them. “[O]ften an educational conversation does not necessitate that the person knows who filed the report” explained Martin– so, while it may be helpful for that person to know the grounds of the conversation, telling that person is not required in order for an educational conversation to occur. “[E]ducational conversations can be a way to provide an intervention,” said Martin, “and provide some extra accountability behind someone managing their behavior on campus, you know? And often we have a lot of success with that.” These supportive measures are available through Title IX with or without an investigation, and can be put in place very quickly.
Even after filing a complaint, students can choose whether or not to pursue formal grievance procedures; Informal Resolution (IR) is also available through Title IX. Often this looks like mediation and, if successful, landing on an agreement between both parties.
Students might assume that Informal Resolutions carry no consequences, but in reality, Informal Resolution can lead to binding agreements between the parties involved. These agreements might include behavior changes, communication restrictions, or other conditions. Importantly, this mediation does not require both parties to be in the room at the same time. While the mediation process is voluntary on the part of both parties, once the agreement is signed, it becomes enforceable, and breaking the agreement could result in adjudication and sanctions.
When a student files a complaint and chooses to go forward with the formal grievance process, the Title IX Office starts with an investigation, which can be lengthy, taking up to several months. The investigation includes interviews with both of the parties and any witnesses who may possess relevant information, reviewing communications and records submitted, and drafting a final report to be shared with both parties. The investigation does happen over the course of months, but this is largely required to ensure fairness—for both the Respondent and Complainant. Federal Title IX regulations require that each party have a certain amount of time with the documents, which can be hundreds of pages long. Wilson conducts the investigations and compiles all of this evidence, which can take additional time after the interviews. Each party then has ten business days to review the materials and decide how or if they want to respond. “Part of the delay is that we’re collecting all of these records and compiling evidence,” said Wilson. She continued, “for party rights as well… the idea is that you’re not going to encounter new information for the first time in the hearing.”
Once the evidence collection and investigation has concluded, parties move forward with a hearing. This could be either a Live Hearing for Title IX-specific matters, or a Response Hearing for matters not technically covered by federal Title IX regulations, but instead covered by the Reed’s Sex-Based Harassment & Discrimination Policy. Live Hearings happen in real time over one to three days, while Response Hearings happen asynchronously, and the parties meet separately with the Policy Decision-Maker (the person making a decision about whether the respondent is responsible for violating a policy). Response Hearings often take time, as parties need to review the information from the other’s time spent in their own meetings, and to have time for comment.
While the timeline for Title IX formal grievance procedures is not ideal, this time is necessary for the investigation to be thorough, sensitive to the needs of the parties involved, and fair on all sides. Some of the details concerning timeline are also dictated by federal Title IX regulations, and cannot be changed. But there are still support options available during this process—supportive measures can be put in place at any time during the process.
Students on both sides of the complaint are able to choose someone (anyone!) to be their ‘advisor’ through the investigation process. Having an advisor can help students (both complainant and respondent) feel supported in this lengthy process, and reduce stress, especially with so much evidence and material to review. “I think that can be… one of the most daunting parts of the process is just having to wade through everything,” said Wilson. “[I]t can be really helpful to have a support person or an advisor attend, and it can help alleviate some of the voluminous nature of what you have to review to have someone else be reviewing it alongside you and providing some of their input.”
Martin agreed: “My advice would be: don’t do this alone,” she said. “Don’t navigate through pain and hurt by yourself.”
Title IX may seem scary at first, and many people may jump straight to thoughts of reports and energy-draining, time-consuming investigations. But Martin and Wilson emphasize that the Title IX Office is there to provide support—not to create pressure. And even a brief conversation can help students understand their options. “[G]ive me 30 minutes of your time,” said Martin, “let’s see if there’s something we can do to help support you.”