Michigan State University Office for Civil Rights and Title IX Education and Compliance: AY 2019-2020 Snapshot
The Office for Civil Rights and Title IX Education and Compliance at Michigan State University faced and overcame various challenges amidst a global pandemic and increased social issues. Despite the obstacles, the OCR staff have been dedicated to their work, adapting to remote operations and implementing new policies. The office's primary focus is on promoting safety, respect, equity, and communication while addressing relationship violence, sexual misconduct, and discrimination on campus.
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Michigan State University Office for Civil Rights and Title IX Education and Compliance AY 2019-2020 SNAPSHOT
Welcome As I reflect upon this past year, the Office for Civil Rights and Title IX Education and Compliance (OCR) has diligently worked to overcome many challenges during these unprecedented times. We are experiencing a global pandemic, increased unrest around politics and racism, and shifting federal and state compliance requirements. Despite these challenges, OCR staff remain unwavering in their commitment to their work and have adapted to remote prevention, outreach, support, investigations, hearings, and other resolutions. Additionally, OCR staff led the creation, education, and implementation of a new Relationship Violence and Sexual Misconduct and Title IX Policy. OCR continues to take decisive action toward positive culture changes that foster the values of safety; mutual respect; dignity; equity; responsibility; and clear and timely communication. As we hold these values true, I am pleased to provide a snapshot of how OCR is furthering meaningful changes. Tanya Jachimiak, JD Associate Vice President Title IX Coordinator
The Office for Civil Rights and Title IX Education and Compliance, established as an independent unit in 2018, encompasses the following units: (1) Prevention, Outreach, and Education Department (POE), (2) Office of Institutional Equity (OIE), (3) Office of the ADA Coordinator, and (4) Resolution Office (RO). Additionally, in AY2020-2021, OCR formed the Strategy, Support, and Equity team. Collectively, our primary purpose is to lead the university s response to relationship violence, sexual misconduct, stalking, discrimination, and harassment in admissions, employment, and access to and treatment in University programs and activities. OCR seeks to recognize and work to redress systemic inequities in policies and programs that serve as barriers to equal opportunity. About OCR is also charged with leading the university s prevention of relationship violence, sexual misconduct, stalking, and sex and gender-based harassment. Through its own education efforts and in collaboration with many campus community partners, OCR seeks to advance inclusivity, equity, and positive culture changes that are grounded in the values of safety; well-being; mutual respect; dignity; responsibility; and clear and timely communication. This commitment includes engaging the campus community to support anti-racism efforts. As a unit we must hold ourselves accountable for critically examining our own efforts to contribute to a safe, inclusive, and equitable campus community.
Prevention, Outreach, The Prevention, Outreach and Education (POE) team is responsible for providing training and education to all faculty, staff, and students related to relationship violence and sexual misconduct prevention. This past year, POE provided education and prevention programs for 38,156 undergraduate students; 12,848 graduate and professional students; and 12,918 employees. Additionally, throughout the year, POE provided unique, individualized resources, workshops, and trainings for units throughout the campus. and Education Department (POE)
During AY2019-2020, POE expanded prevention efforts, including: Hiring a prevention specialist specifically focused on furthering safety among MSU s health professionals. Prevention, Outreach, and Creating and launching in consultation with the LBGT Resource Center thirty (30) LBGTQA+ specific student trainings. The new training was written and facilitated by LBGTQA+ students. Education Department Expanding the scope (and impact) of the climate and response specialist, which resulted in increased collaboration across units to identify areas for developing new and innovative solutions for building more equitable work and learning environments. (POE)
POE was awarded the 2020 Impact Award by the 2020 Impact Award by the Campus Prevention Network Campus Prevention Network for excellence in campus sexual assault prevention. POE was highlighted for its innovative programming as well as its dedication to becoming a national model for excellence and dedication to violence prevention. Impact Award by the Campus Prevention Network
The Office of Institutional Equity (OIE) serves to uphold and advance our shared values through oversight and application of civil rights policies. The Anti-Discrimination Response and Investigations team supports, responds to, and investigates reports related to discrimination and harassment based on race, ethnicity, color, national origin, sex, disability, religion, age, gender, gender identity, sexual identity, height, marital status, political persuasion, sexual orientation, veteran status, or weight under the university Anti-Discrimination Policy (ADP) and the Notice of Non-Discrimination, Anti-Harassment and Non-Retaliation. Office of Institutional Equity (OIE) The Relationship Violence and Sexual Misconduct Response and Investigations team supports, responds to, and investigates relationship violence and sexual misconduct, including dating violence, gender-based harassment, sexual assault, and stalking, under the Relationship Violence and Sexual Misconduct & Title IX Policy (RVSM). Both teams work closely with advocates, advisors, and the Campus Equity Navigator to ensure that all parties are supported and have access to confidential resources and advisors.
Number of Reports Received Number of Reports Received Fall 2019 Spring 2020 Summer 2020 Totals ADP 289 181 101 571 RVSM 462 283 148 893 Blend 18 11 5 34 Total 1498 Total 1498 Office of Institutional Equity (OIE)
Office of Institutional Equity AY19-20 FS2020 ADP 20 18 Average number of days (initial assessment through conclusion of investigation of reports submitted during AY1020 and FS2020) RVSM 33 18 BLEND 52 35
Grouped Reported Violations (ADP) Grouped Reported Violations (ADP) Count Count ADP Retaliation Age Color Disability Gender Identity Gender Height Marital Status National Origin Political Persuasion Race Religion Retaliation Sexual Orientation Unknown Veteran Status Weight 4 28 18 78 49 163 3 3 109 21 275 49 13 67 3 2 12 Office of Institutional Equity (OIE) Aggregate numbers include reports previously categorized as bias reports. Under the ADP and RVSM and Title IX Policy, there are no distinctions between reports categorized as discrimination and bias. NOTE: The counts in this table represent total number of violations, not cases/respondents. Each case may have more than one violation. TOTAL TOTAL 864 864
Reported Violations (RVSM) Reported Violations (RVSM) Count Count Domestic/Dating Violence 182 False Complaint 2 Mandatory Reporting Failure 1 Non-Consensual Sexual Contact 3 Office of Institutional Equity (OIE) Non-Consensual Sexual Penetration 6 Rape 46 Retaliation 18 Sexual Assault 258 Sexual Contact 86 Sexual Exploitation 90 Sexual Harassment 242 Stalking 123 Unknown 34 NOTE: The counts in this table represent total number of violations, not cases/respondents. Each case may have more than one violation. Unknown Relationship Violence 1 Unknown Sexual Assault 3 TOTAL TOTAL 1095 1095
Locations Identified in RVSM & Title IX Reports Online Office of Institutional Equity Unknown Off Campus On Campus 0% 5% 10% 15% 20% 25% 30% 35% 40%
Respondent Status Employee Employee 134 134 ( (15% 15%) ) RVSM & Title IX Policy Unaffiliated Unaffiliated 477 477 ( (54% 54%) ) Student Student 278 278 ( (31% 31%) ) Employee Student Unaffiliated
Respondent Status Unaffiliated Unaffiliated 158 158 ( (28% 28%) ) Employee Employee 225 225 ( (40% 40%) ) Anti- Discrimination Policy Student Student 177 177 ( (32% 32%) ) Employee Student Unaffiliated
The Resolution Office was created in 2019 to facilitate a fair and supportive hearing process following the conclusion of an OIE investigation as part of the RVSM and Title IX Policy. The hearing process, which is required by federal law, affords parties the opportunity to ask questions (through advisors) of other parties and witnesses in front of a neutral decision- maker (resolution officer). Resolution Office (RO) RO trains all external resolution officers as well as university provided advisors. Through ongoing training and partnerships, RO has been able to decrease hearing timelines, increase supportive measures for all parties, and provide consistency to hearing process and outcomes. During AY 2019-2020, the Resolution Office coordinated and oversaw 26 hearings 26 hearings. The average days between referral of an investigation to RO and the resolution officer s decision is 67 days 67 days.
Office of Institutional Equity and Resolution Office Aggregate Timelines The bar graph to the right sets forth the average days that cases are open in OIE (initial assessment and investigation) and RO (hearing in RVSM matters) over time. In all three policy areas (ADP, blend of RVSM and ADP, and RVSM) the average days open (from initial assessment through closure) continues to decrease. Significantly, the formal grievance process (investigations, hearings, and appeals) averaged 211 days in AY19-20 compared to 332 days in AY18-19. This is a 40% improvement. Average Days Cases Open Over Time 120 100 80 60 40 Percentage Percentage improvement improvement AY18 AY18- -19 to AY19 19 to AY19- -20 Percentage Percentage improvement improvement AY19 AY19- -20 to FS20 20 to FS20 Percentage Percentage improvement improvement AY18 AY18- -19 to FS20 19 to FS20 20 Type of Case Type of Case 20 0 ADP BLEND RVSM ADP 70.20% 9.60% 73% AY18_19 AY19_20 FS2020 Blend 52% 33.20% 67.90% RVSM 36.50% 46.90% 66.30%
Equity Review Officer The Equity Review Officer is a neutral individual appointed by the Associate Vice President for Civil Rights and Title IX to decide appeals of final determinations rendered by OIE and RO as part of the formal grievance process under the RVSM and Title IX Policy and Anti- Discrimination Policy. During AY2019-2020, there were 30 appeals. The average appeal phase completion is 14 days.
Campus Equity Navigator FS19 FS19 SS20 SS20 US20 US20 Notification Regarding Absences Notification Regarding Absences 43 62 0 Alt. Housing Placement Alt. Housing Placement 8 5 0 Withdrawal Withdrawal 6 12 12 OCR s Campus Equity Navigator (CEN) is part of OCR s Strategy, Support, and Equity team. Generally, the CEN assists persons who may be affected by relationship violence, sexual misconduct, harassment, and/or discrimination with obtaining interim measures, supportive measures, or other accommodations. The CEN is neutral and is available to assist both claimants and respondents with supportive measures, which are non- disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge. University Contact Restriction University Contact Restriction 12 9 4 Course Load Reduction Course Load Reduction 14 16 3 Referrals to On Referrals to On- - and Off Campus and Off Campus Services Services 10 13 19 Coordination of Extensions Coordination of Extensions 53 0 4 Alterative Work Location Alterative Work Location 5 2 0 Schedule Change Schedule Change 4 0 0 The chart to the left sets forth examples of the types of supportive measures coordinated by the CEN this past AY. Alternative Work Schedule Alternative Work Schedule 0 2 0
Office of the ADA Coordinator The Office of the ADA Coordinator, created in 2020, facilitates the university s compliance with the Disability & Reasonable Accommodation, Anti-Discrimination and Web Accessibility policies. The ADA Coordinator oversees compliance with the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008, Michigan s Persons with Disabilities Act of 1975, and other laws and regulations prohibiting disability discrimination and harassment. For more information regarding accessibility, disability discrimination, or disability accommodations, please contact Tracy Leahy, Director of the Office of the ADA Coordinator and ADA/Section 504 Coordinator.
Looking Ahead Michigan State University is a member of the 2021-2022 Cohort of National Association of Student Personnel Administrators (NASPA) s Culture of Respect Initiative. Culture of Respect is a two-year program that brings together institutions that are dedicated to ending relationship violence and sexual misconduct on college campuses. The program employs expert-developed public health framework, cross- campus collaboration, and peer-led learning to make meaningful programmatic and policy changes. It also utilizes a rigorous process of self-evaluation and accountability with targeted organizational change. For more information, please contact POE Executive Director Kelly Schweda at poe.kellyschweda@msu.edu or Director of Strategy, Support, and Equity Tom Fritz at ocr.tomfritz@msu.edu.
Notice of Non-Discrimination, Anti-Harassment and Non-Retaliation Anti-Discrimination Policy Disability and Reasonable Accommodation Policy Relationship Violence and Sexual Misconduct and Title IX Policy Policies Overseen by OCR University Mandatory Reporting Protocols Note: These policies contain specific provisions that prohibitions contained therein shall not be construed in a manner that abridges university community members right of free expression as protected by the First Amendment of the U.S. Constitution.
The University complies with Title IX of the Higher Education Amendments of 1972, 20 U.S. C. 1681 et seq. ( Title IX ); Section 1557 of the Affordable Care Act ( ACA ); Title IX, Title VI, Title VII of the Civil Rights Act of 1964; Titles I, II, and III of the Americans with Disabilities Act; the Age Discrimination Act of 1975; the Age Discrimination in Employment Act of 1967; Section 504 of the Rehabilitation Act; the Michigan Persons With Disabilities Civil Rights Act; the Equal Pay Act of 1963; the Pregnancy Discrimination Act of 1978; Section 106 - Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance; and the Uniformed Services Employment and Reemployment Rights Act (USERRA). Applicable Civil Rights Laws
We welcome your For more information, please contact Associate Vice President and Title IX Coordinator Tanya Jachimiak at ocr.tanyajachimiak@msu.edu or go to https://civilrights.msu.edu/. comments and questions.
