There are proposed changes to Title IX intended to preserve due process for those accused of sexual misconduct. While there are concerns for how the changes will affect colleges on the national scale, Houghton Title IX Coordinator Nancy Murphy assures students Houghton is just as committed to protecting victims of sexual assault.
Murphy emphasized that the procedures are still in the process of being written. The most recent update available to her at the time of the interview was the “Dear Colleague” letter published September 22, 2017.
In a recent “Dear Colleague” letter Acting Assistant Secretary for Civil Rights Candice Jackson argued the previous standards for campus proceedings in the instance of sexual crimes did not respect the rights of the excused. A major cause mentioned was the speed with which campuses attempted to dispense justice.
Education Secretary Betsy DeVos recently addressed George Mason University about sexual crimes on campuses. The New York Times quoted her statement that “Through intimidation and coercion, the failed system has clearly pushed schools to overreach. With the heavy hand of Washington tipping the balance of her scale, the sad reality is that Lady Justice is not blind on campuses today.”
Murphy responded, however, that “Requiring that a campus code of conduct violation response process mirror a criminal court isn’t always in the best interest of the students or the campus community.”
The letter stated, “The 2011 and 2014 guidance documents may have been well-intentioned, but those documents have led to the deprivation of rights for many students—both accused students denied fair process and victims denied an adequate resolution of their complaints.”
“While I am committed to providing due process and equity to all parties in all phases of an investigation, including rules for decision-making related to reports of sexual violence, I am equally concerned with the way in which our policies and procedures affect the likelihood of a survivor coming forward to report these types of sexual misconduct.”
Murphy voiced her concern that cases of sexual violence are vastly unreported and that the new regulations could further increase the culture of silence and “that those individuals on college campuses who are perpetrating these types of violations will not be confronted and held accountable for their behavior, making it increasingly likely that they will continue to target and harm other students in the future.”
As for how the changes will affect Houghton, Murphy commented that “It is unclear at this time whether or not Houghton College will decide to change our current preponderance of the evidence standard.” The standard she refers to requires that it is more likely than not that the accused is guilty. The new regulations would allow for the “clear and convincing” standard, which is more difficult to prove. Vice-President of Student Life, Robert Pool, would oversee Houghton’s decision whether or not to adopt a stricter standard.
“I think it safe to say, though,” Murphy concluded, “that the new guidance does not fundamentally change the degree to which Houghton College takes seriously the need to have policies and procedures in place that respond to known or suspected instances of on-campus sexual or relationship violence or stalking in a manner that is swift, efficient and equitable so as to eliminate it when it occurs, to prevent its future occurrence, and to restore our community.”