{"id":3257,"date":"2020-05-06T10:29:53","date_gmt":"2020-05-06T20:29:53","guid":{"rendered":"https:\/\/www.hawaii.edu\/titleix\/?page_id=3257"},"modified":"2025-02-04T15:52:26","modified_gmt":"2025-02-05T01:52:26","slug":"2020-tix-regs","status":"publish","type":"page","link":"https:\/\/www.hawaii.edu\/titleix\/learn\/2020-tix-regs\/","title":{"rendered":"U.S. ED OCR – 2020 Title IX Final Rule"},"content":{"rendered":"

On May 6, 2020, the U.S. Department of Education, Office for Civil Rights (“OCR<\/strong>“) released its new Title IX<\/a> Regulations (“Regulations<\/strong>“). These Regulations mandate changes to the ways in which federally-funded education programs and activities, including the University of Hawai’i, handle cases relating to sex discrimination<\/a> and sex-based violence. All programs and activities subject to the new Regulations must be compliant on or before August 14, 2020 (“Effective<\/strong> Date<\/strong>“). In implementing the new Regulations, the University will continue to prioritize the safety of its students, employees, and visitors.<\/p>\n

The Regulations are not retroactive and will not be applied to Title IX sexual harassment<\/a> cases that were brought forth before the Effective Date.<\/p>\n

Useful Information from OCR regarding the new regulations is provided on this page.<\/p>\n

May 6, 2020 Title IX Regulations (Official Version, as published in Federal Register)<\/a><\/strong><\/p>\n

May 6, 2020 Title IX Regulations (Unofficial Version, for ease of reference)<\/a><\/strong><\/p>\n

OCR Summary of Major Provisions<\/b><\/a><\/p>\n

OCR Fact Sheet<\/b><\/a><\/p>\n

OCR Overview of Regulations<\/b><\/a><\/p>\n

OCR Webinar- Title IX Regulations Addressing Sexual Harassment<\/b><\/a><\/p><\/blockquote>\n

What the University is doing to address the Regulations<\/strong><\/h3>\n

Updated Policy & Procedure<\/strong><\/p>\n

The University updated its policy and procedures on sex discrimination and sex-based violence to be in compliance with the Regulations and submitted copies to University and union stakeholders for review. The EP 1.204<\/a> and AP 1.204<\/a><\/span>will be effective as of <\/span>August 14, 2020 (“Effective Date”) and<\/span> available on the University’s Policy and Procedure Information System on the Effective Date: <\/span>https:\/\/www.hawaii.edu\/policy\/<\/span><\/a>.<\/span><\/p>\n

Policy: EP 1.204, version January 2020, the University’s former Policy and Procedure on Sexual Harassment<\/a> and Sex-Based Violence was revised to be the University’s Executive Policy on Title IX Sexual Harassment. The new EP 1.204 (effective February 1, 2023) applies to sexual harassment under Title IX of the Education Amendments Act of 1972 as implemented and defined by the relevant sections of 34 C.F.R. Part 106. Sex-based discrimination that occurs on or after the Effective Date and does not fall within the meaning of “sexual harassment” as defined under 34 C.F.R. § 106.30 may be subject to processing under EP 1.202<\/a> and AP 9.920.<\/p>\n

Procedures: The procedures under EP 1.204, version January 2020, are no longer effective for allegations of Title IX Sexual Harassment as defined under the new EP 1.204 (effective February 1, 2023). Title IX Sexual Harassment and other prohibited conduct under the new policy that occur on or after the Effective Date will be processed under AP 1.204.<\/p>\n

AP 1.204 (effective January 2022) is University’s new administrative procedure and provides a grievance process for the University for formal complaints of Title IX sexual harassment as defined in 34 C.F.R. Part 106 and EP 1.204 (effective February 1, 2023).  As required by 34 C.F.R. Part 106, this grievance process is “designed to impartially evaluate all relevant evidence so that determinations regarding responsibility are accurate and reliable, ensuring that victims of sexual harassment receive justice in the form of remedies.”<\/p>\n

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Continuing Confidential Resources<\/strong><\/p>\n

For O’ahu campuses: The University’s 糖心Vlog官方 Confidential Advocate program provides confidential advocacy services and case management to victims* of sex discrimination and sex-based violence, who are students or employees of an 糖心Vlog官方 campus on O’ahu.<\/span><\/p>\n

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Confidential Advocates, Health Services, and Mental Health Counselors are designated as confidential resources on your campus.<\/p>\n

If applicable, and as defined under Victim-Counselor Privilege (Rule 505.5, Hawaii Rules of Evidence<\/a>), “confidential” communications, regarding sexual assault<\/a>, domestic violence<\/a>, dating violence<\/a>, stalking, sexual harassment<\/a>, or child abuse, between a “victim” and a “victim counselor” (including a “confidential advocate”) are considered privileged. All other communications with a Confidential Resource<\/a> will be kept confidential to the extent permitted by law.<\/strong><\/p>\n

Confidential Resources provide a variety of services including:<\/p>\n