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Dear ºÚÁÏÍø Students, Faculty and Staff,

Changes are coming to the hearing process for Title IX complaints that will affect requirements for in-person participation as part of the adjudication process. Title IX of the Education Amendments of 1972 is a federal law that prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance, such as Kent State. Prohibited conduct includes any form of gender-based discrimination, which includes sexual harassment, sexual assault, domestic violence, dating violence or stalking.

Current policy mandates that someone filing a complaint must be present at the live hearing and must submit to cross-examination in order for the decision-maker to rely on statements in reaching a decision.

Effective Nov. 22, 2021, Kent State will amend the that will allow the decision-maker to consider all relevant evidence in reaching a determination of responsibility, even if the party who made the statement or created the document does not participate in the live hearing.

This change follows a and sent on Aug. 24, 2021, by the U.S. Department of Education’s Office for Civil Rights that establishes new guidance. The Office for Civil Rights announced its intention to immediately stop enforcing a specific 2020 Title IX regulation that prevents decision-makers from considering statements by parties who do not participate in cross-examination.

The Office for Civil Rights announced the following:

• "(T)he Department will immediately cease enforcement regarding the prohibition against statements not subject to cross-examination."

Does the new enforcement guidance under Title IX apply to Kent State?
Yes. Kent State will update its Title IX grievance procedure. This will allow the decision-maker discretion to consider the relevancy of statements or documents even if the party who made the statement or created the document does not participate in the live hearing.

What is changing with regard to Kent State’s administrative policy for Title IX sexual harassment complaints?
According to the revised policy, a decision-maker shall now consider relevant evidence in reaching a determination of responsibility, including evidence obtained during the investigation that was not subject to cross-examination at the live hearing. This permits consideration of statements, emails, text exchanges, police reports, Sexual Assault Nurse Examiner documents, medical reports and other documents, even if those documents contain statements by a party or witness who is not cross-examined at a live hearing.

Will there be any other changes to the live hearings?
No, all other Title IX regulatory requirements remain in effect.

How is the Office of Gender Equity and Title IX working to keep Kent State in compliance?
When the Office for Civil Rights issued new guidance, Kent State’s Office of Gender Equity and Title IX promptly advised the senior vice president for student affairs, met with university partners and drafted revisions to the . The modifications to the administrative policy will remove the prohibition on decision-makers during the live hearing and align with the new Office for Civil Rights guidance.

What happens in the meantime until the new administrative policy is in effect?
For now, the current will remain in effect until the revised policy is enacted consistent with policy modification procedures.

For more information and updates, visit the and webpages.

For a list of Kent State’s Title IX resources, both confidential and non-confidential, including the , visit .

Sincerely,

Lamar R. Hylton, Ph.D.
Senior Vice President for Student Affairs

Mark Polatajko, Ph.D.
Senior Vice President for Finance and Administration

Jack Witt, J.D.
Vice President for Human Resources