2020 AGB Advisory Statement on Sexual Misconduct

Guidance on Title IX Regulations for Higher Education Governing Boards and Administrators

The “2020 AGB Advisory Statement on Sexual Misconduct” focuses on one issue that continues to receive high-profile attention: sexual assault and harassment. It also explains the U.S. Department of Education’s new Title IX rule, effective August 14, 2020.

Changes in these major provisions of the new Title IX rule are highlighted in the advisory statement:

• New definition of sexual harassment;
• Expectations to investigate;
• Evidentiary standard;
• Grievance process and cross-examination; and
• Mediation, resolution, and appeal.

The purpose of this advisory statement is to provide governing boards with guidance regarding their fiduciary duty and overall responsibility to collaborate with institutional leadership to address issues related to sexual misconduct, particularly in response to the new Title IX rule. There are a number of changes in the new rule that boards and senior leaders should be aware of and discuss. AGB recommends that boards…