When is the effective date of the new Title IX regulations?

The U.S. Department of Education set the effective date as August 14, 2020.

Is the University of Virginia required to comply with the new Title IX regulations?

Yes. UVA is a recipient of federal financial assistance and is required to comply with Title IX and the new Title IX regulations.

Will the University of Virginia have a new policy by the implementation date?

Yes. The Office for Equal Opportunity and Civil Rights (EOCR), which includes the Title IX Office, is leading the effort to revise the University’s current policies to ensure that the University meets this deadline.

Will there be training on the new University policies?

Yes. Every student and employee is required to take an online training module every two years. In the Fall 2020 semester, EOCR will launch an online training module that addresses the new policies and procedures. In addition, EOCR will be conducting live in-person and video training sessions for students and employees about the new policies and procedures. Student groups, departments, etc. may request an in-person training session by contacting [email protected].

Can I provide feedback to the University about the Title IX regulations or any new policy?

Yes. Please use the form on this website to submit comments to be reviewed and considered as the University revises its current policies and procedures. 

Is UVA required to have a Title IX Coordinator?

Yes. The Title IX regulations require the University to designate and authorize at least one employee to coordinate its efforts to comply with the Title IX regulations and publicize that individual’s information. Currently, UVA has designated a Title IX Coordinator, Emily Babb, and a Deputy Title IX Coordinator, Akia Haynes. 

Will the University be required to change its standard of evidence?

No. The Title IX regulations do not require the University to change to a higher standard of evidence, such as clear and convincing. The University may use either preponderance of the evidence or clear and convincing. EOCR welcomes feedback from the University community about this issue through the link on this website. 

Has the definition of sexual harassment changed?

Yes. The Title IX regulations did not define "sexual harassment" prior to the May 6, 2020 final Title IX regulations. The definition of sexual harassment was articulated in guidance documents, referred to as Dear Colleague Letters. However, the final Title IX regulations' definition of "sexual harassment" is more narrow than the University’s current definitions in the HRM-041: Policy on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence (HRM-041).

Do the Title IX regulations apply to conduct that occurs off Grounds?

Sometimes. The Title IX regulation applies to the University’s "education program or activity," which is defined as "locations, events, or circumstances over which the [University] exercised substantial control over both the respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by a postsecondary institution." However, Universities may develop policies and procedures for conduct that occurred off Grounds.

Do the Title IX regulations apply to conduct that occurs outside of the United States of America?

No. The Title IX regulations do not govern conduct outside of the U.S.; however, Universities may develop policies and procedures for conduct that occurred outside of the U.S.

Is UVA required to provide a live hearing with cross examination?

Yes. The Title IX regulations require UVA to provide a live hearing for formal complaints and the decision-maker at the live hearing must permit each party’s advisor to ask the other party and any witnesses relevant questions and follow-up questions, including those challenging credibility.

What if a party does not have an advisor?

The Title IX Regulations require the University to provide an advisor of the University’s choice to a party that does not have an advisor at the hearing. This advisor may be an attorney but the Title IX regulations do not require the advisor to be an attorney. 

Who is the decision-maker?

The Title IX regulations give discretion to the University to determine who the decision-maker is and whether that is one or more people. The only requirement is that the decision-maker cannot be the Title IX Investigator or the Title IX Coordinator. 

What is a formal complaint?

The Title IX regulations define a “formal complaint” as a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the University investigate the allegation of sexual harassment. The complainant must be participating in or attempting to participate in the education program or activity at the time the formal complaint is filed. A formal complaint must contain a physical or digital signature from the complainant or Title IX Coordinator. 

Can I still make a report even if I do not want to file a formal complaint?

Yes. Students, employees, and third parties may continue to report sexual and gender-based harassment to the University without filing a formal complaint. Reports may be made to Just Report It, the University’s online reporting tool, and directly to the Title IX office via email to [email protected] or phone at (434) 297-7988. In addition, the Office of the Dean of Students and Human Resources remain options for reporting sexual and gender-based harassment. 

Can I get support resources even if I choose not to file a formal complaint?

Yes. The University is required by the Title IX regulations to provide supportive measures, which are defined as "non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after filing of a formal complaint or where no formal complaint has been filed."

What are some supportive measures contemplated by the Title IX regulations?

Supportive measures may include counseling, extensions of deadline or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absences, increased security and monitoring of certain areas of the campus, and other similar measures.

Does UVA currently provide supportive measures?

Yes. The University currently provides supportive measures to complainants and respondents. Examples of these supportive measures are outlined in the Resource and Reporting Guide for Students and the Resource and Reporting Guide for Employees

Can a supportive measure require me to transfer classes or move my residence hall if I don’t want to?

The Title IX regulations provide that the supportive measure cannot unreasonably burden the other party. 

Do the Title IX regulations allow for informal resolution?

Yes. The Title IX regulations allow Universities to utilize informal resolution in any matter where a formal complaint has been filed. However, a University may not require informal resolution as a condition of enrollment or continuing enrollment, or employment or continuing employment. Similarly, a University may not require either party to participate in an informal resolution. Informal resolution is the same as alternative resolution, the term used in the current policy and procedures.

Are there any limitations on when informal resolution may be pursued?

Yes. Informal resolution is not permitted when the allegations involve an employee sexually harassing a student.