New Title IX regulations at Loyola expand how OEC can serve the Loyola community

New Title IX regulations implemented by the Department of Education under the Biden administration went into effect on August 1, prompting Loyola to update its Comprehensive Policy to reflect the new rules. These include discrimination on the basis of sexual orientation, gender identity, and conditions such as or related to pregnancy, in addition to an updated definition of sexual harassment.

While the new rules have been accepted in Illinois, including Loyola, lawsuits have blocked their enforcement in more than 25 states and at colleges and schools across the U.S., the Associated Press reported.

The Supreme Court rejected a challenge to the lawsuits, putting the new rules on hold in states that filed lawsuits, AP reported.

Tim Love, director of Loyola’s Office for Equity and Compliance (OEC) and Title IX coordinator, said the new rules won’t have much impact on the university’s policies because Loyola already provides protections against discrimination based on gender identity and sexual orientation through its own policies and Illinois state law.

New definition of sexual harassment

Under the new Title IX regulations, Love said Loyola could expand its definition of quid pro quo sexual harassment, which refers to an instance in which something is exchanged for sexual behavior. For example, Love explained, a student who gets an A on an assignment in exchange for sleeping with or dating a professor would be classified as quid pro quo sexual harassment.

While quid pro quo sexual harassment was previously defined as a situation between two employees or between a student and an employee with power, such as a professor, the new rules state that a relationship between two students, where one student has power over the other, can also fall under quid pro quo sexual harassment.

“So let’s say, you know, the president of a club says, ‘I’ll let you into my club if you sleep with me, or if you go out with me,’ or whatever,” Love said. “That could actually Tit for tat sexual harassment under Title IX, whereas previously it had to be an employee who did it.”

The definition of hostile environment sexual harassment has also been updated, Love said. Previously, it was defined as nonconsensual action that was both severe and pervasive, but it has now been changed to severe or pervasive, which broadens the classification of sexual harassment.

The new language focuses on repeated behaviors like microaggressions, which previously weren’t considered “serious” enough to warrant a sexual harassment label, Love said. It also allows students and teachers to report cases of sexual harassment after a single incident.

“If it only happens once, but it’s horrible; it causes the person to leave the classroom in tears or something crazy — that could be sexual harassment,” Love said. “Whereas in the past it wouldn’t have been because it only happened once.”

OEC changes from hearings to investigations

Love said the OEC has also changed its procedures to be more victim-focused, specifically by eliminating hearings from the process, which are no longer required under Title IX.

Now, when an incident is reported, such as sexual abuse, stalking, relationship violence or domestic violence, an investigation is conducted by a lawyer from the firm, who contacts both parties, gathers all evidence and makes a decision.

Sam Hammett, a violence prevention and advocacy specialist at Loyola who oversees all of the students who work for The Line, said there has been a lot of feedback that survivors don’t want to be in a hearing, even virtually, with the person who harmed them.

The Line is an advocacy service that provides resources and support to students who have experienced sexual abuse, dating or domestic violence, sexual harassment, sexual exploitation, or stalking. The Line is also available for students who have questions or want to talk to a trauma-informed advocate.

Hamment said eliminating hearings is a step in the right direction for trauma-informed care, from a survivor advocacy standpoint.

Hammett said she understands the fear that the new Title IX regulations will be repealed in response to the nationwide lawsuits, but she also said The Line will always be there to support students and staff, regardless of the law.

“The border is not going to change who we support and how we support,” Hammett said. “That’s the beauty of confidential advocacy. We don’t exist because of Title IX. We exist because we want to support students who have experienced gender-based violence in all its forms.”

Protection against discrimination on the grounds of pregnancy

Title IX also provides a whole new set of protections for pregnancy and related conditions, such as pregnancy preparation including IVF, miscarriage or termination of pregnancy, and postpartum recovery, Love said.

“Students have very strong protections against discrimination based on pregnancy,” Love said. “The university has a duty to make reasonable accommodations to ensure that pregnant students can continue their education.”

Paige Gutierrez, a fourth-year marketing student and member of the RISE Ambassadors, a student group that advises the OEC, says the lawsuits happening across the country make her sad and she hopes they will help people gain acceptance for normal human experiences, like pregnancy.

She said she is grateful that Loyola respects students’ identities and appreciates the policies the university has already put in place to make students feel safe and protected, so she doesn’t have to worry about what might happen if the new Title IX rules are repealed.

“I think Loyola does a good job of making sure that students feel heard and that they can be who they want to be here,” Gutierrez said.

Jenna Phillips, a fourth-year economics and political science student who is also part of RISE Ambassadors, says it’s important for Loyola students to get to know the people behind the reporting process, including people from the OEC and the Wellness Center.

To help bridge the gap, Phillips said she planned an event last year where students could interact with OEC and Wellness Center staff. She said she hoped students would not only understand the technical processes of reporting, but she also wanted students to know why the people at OEC do the work they do.

“People do this work because they want to do this work,” Phillips said. “Because they care about you as students.”

Phillips said she believes Title IX is the bare minimum of what needs to be done to protect students and the Loyola community. She believes Loyola had already exceeded expectations before the new rules were implemented nationwide.

“I want students to be assured that no matter what the law ultimately says, every student will always be treated with dignity and respect,” Love said. “Every student will always have a set of rights. The technical wording of those rights may change from year to year, but the university is guided not only by the law, which we must of course follow, but also by our ethical decisions and our values ​​as an institution.”