Public Statements

Proposed Title IX Regulations

November 27, 2018

Tags Public Statements

Dear Members of the Hamilton community,

On November 16, the Department of Education issued proposed regulations that, if implemented as currently drafted, would force significant changes in the way most colleges and universities respond to complaints of sexual misconduct under Title IX. The Department of Education will soon begin a 60-day notice-and-comment period as a prelude to the issuance of final, binding regulations. Until final regulations are promulgated, existing federal and state law governing sexual misconduct, and the College's own current sexual misconduct policy, will continue in effect.

The College remains firmly committed to preventing sexual misconduct and to providing a fair process for the resolution of sexual misconduct complaints. We are concerned about the possible impact of some of the proposed regulations and considering how we might best respond. Among other things, we are talking with our peers about participating jointly in the federal notice-and-comment process. As the process moves forward, we will convene a small group to explore the implications of the potential changes. We will also participate, beginning next semester, in the Culture of Respect program, and will bring together a separate group to consider changes to our sexual misconduct education programs and procedures.

The Hamilton community will be notified if our Title IX policies, programs, or procedures are updated or changed.

The draft of the proposed new federal regulations is lengthy. It includes language governing the evidentiary standard to be used and a requirement to allow cross-examination. Also included are changes to the definition of sexual harassment, the circumstances under which a college or university may be found in violation of Title IX, and the off-campus reach of an institution's Title IX obligations.

Whatever the outcome of the rulemaking process, the College will do all it can to foster a safe and supportive environment for all students.

David