Title IX and Sexual Misconduct

Consequential Questions:

1. Do our board members speak out to foster a safe and inclusive environment on campus?
2. Has our full board discussed legal developments and national trends regarding Title IX and sexual misconduct, specifically the new Title IX rule?
3. Has our board discussed sexual misconduct and related issues (as they manifest themselves on campus and in the broader higher education community) with our institution’s administrative leadership?

Sources:

“2020 AGB Advisory Statement on Sexual Misconduct: Guidance on Title IX Regulations for Higher Education Governing Boards and Administrators,” AGB 2020
Risk Management: An Accountability Guide for University and College Boards, Second Edition by Janice M. Abraham, Sarah Braughler, Liza Kabanova, and Justin Kollinger, AGB 2020

Consequential Questions:

1. Does our board know which administrators are primarily responsible for Title IX compliance and under what circumstances it is appropriate for the board (or appropriate board committee) to meet with those administrators?
   
2. Has our board discussed how issues of sexual misconduct relate to the overall institutional climate?
3. Has our board received sufficient information and data such that it feels it can make inquiries and have informed discussions with appropriate administrators regarding the campus culture as it relates to sexual misconduct?
   
4. Do our institution’s sexual abuse policies apply equally to employees at all levels, and are reporting mechanisms easily accessible and well publicized to the community?
   

Sources:

“2020 AGB Advisory Statement on Sexual Misconduct: Guidance on Title IX Regulations for Higher Education Governing Boards and Administrators,” AGB 2020
Risk Management: An Accountability Guide for University and College Boards, Second Edition by Janice M. Abraham, Sarah Braughler, Liza Kabanova, and Justin Kollinger, AGB 2020

Consequential Questions:

1. When did our board last review our institution’s policies regarding sexual misconduct and discuss the implementation by appropriate administrators? How often should the board do so?
2. Has our institution maintained a Title IX coordinator and devoted appropriate resources to carrying out that function?
3. Does our institution comply with the Violence Against Women Act-Campus SaVE Act amendments to the Clery Act related to sexual violence and intimate partner violence?

Sources:

“2020 AGB Advisory Statement on Sexual Misconduct: Guidance on Title IX Regulations for Higher Education Governing Boards and Administrators,” AGB 2020
Risk Management: An Accountability Guide for University and College Boards, Second Edition by Janice M. Abraham, Sarah Braughler, Liza Kabanova, and Justin Kollinger, AGB 2020