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Over the semester, students and organizations, such as Stand With Survivors SU, have called on Syracuse University to reform its Title IX office.

Congress enacted Title IX of the Education Amendments of 1972 to prevent institutions that receive federal funding from discriminating on the basis of sex in all education programs and activities.

During the 1960s and 1970s, the women’s civil rights movement paved its way through the U.S., bringing light to issues of discrimination and oppression of women in educational settings. Title IX also protects students from sexual harassment and violence in educational settings and requires institutions to proactively work to end sexual violence on campus and in their programming.

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance,” the preamble of Title IX reads.

The Title IX office at SU is under the Office of Equal Opportunity, Inclusion and Resolution Services. The office gives students information on Title IX as it pertains to SU, and on the Office of Community Standards’ sexual and relationship violence policy.

The university’s sexual harassment, abuse and assault prevention policy was created to comply with Title IX and actively prevent sexual harassment on campus, the policy reads.

“This policy applies to students, staff, faculty and third-parties such as volunteers, vendors, consultants, guests, alumni, applicants for admission or employment, or other individuals participating in — or attempting to participate in — the university’s education program or activities,” the policy states.

Recently, five men have sued SU for its involvement in their sexual abuse by Conrad Mainwaring. SU claims it doesn’t hold any responsibility as Mainwaring wasn’t a formal member of the SU athletics programs. He was considered a volunteer of the cross country and track and field teams, and he is pictured in the 1983 team photograph one person over from head coach Andrew Jugan.

SU responds and works to “maintain privacy throughout the investigatory process,” according to the university’s procedures for responding to reports of faculty violations. These policies do not apply to graduate students.

The policy says the university will actively continue investigating reports of sexual misconduct, even if a criminal report or complaint has also been filed, but will pause its investigation if and when asked by law enforcement.

Photographer | Maya Goosmann | Digital Design Director

When a complaint is filed, a Title IX coordinator or designee will contact the reporter within 48 hours, the policy reads. Sheila Johnson-Willis is the Title IX coordinator, according to the Office of Equal Opportunity, Inclusion and Resolution Services.

Johnson-Willis oversees the university’s response to reports and complaints, including those regarding sex discrimination, and “ensures a fair, equitable and prompt process for all involved,” the office’s website reads. In addition to the Title IX coordinator and Title IX case coordinator, the office has three Title IX investigators.

The Title IX coordinator will, according to the policy, help the reporter throughout the process, namely by emphasizing the importance of preservation of evidence and explaining access to support materials. The Title IX coordinator will also explain how the university prohibits any form of retaliation between the accuser and subject of the complaint.

Supportive measures, as it pertains to the university, “are non-disciplinary, non-punitive individualized services” that are free to the reporter and subject of the complaint “before or after the filing of a formal complaint or where no formal complaint has been filed,” the policy states. These measures include the change of schedules, campus escort services, leaves of absence and no-contact orders.

When the university receives a report and reviews the initial facts of a complaint against a faculty member, the Title IX coordinator, the associate provost for faculty affairs and potentially other legal and safety experts will decide whether or not to place the faculty whom the complaint was about on leave during the investigation or hearing.

The team may also refer the incident to the Threat Assessment Management Team to conduct risk analysis and help guide the decision. If TAMT finds that a faculty member poses an immediate threat, an emergency removal may happen.

The Title IX coordinator must also determine at this time if the report falls under the scope of the policy and the Title IX office. An inquiry will take place to assess whether or not the university has responsibility over the faculty involved. The Title IX coordinator will then, if deemed necessary, file a formal complaint to request an investigation.

All people involved will be notified of the formal complaint and ensuing investigation. The Title IX coordinator assigns the investigator of the incident. “The investigator may be a university employee or an external professional,” the policy reads. The associate provost for faculty affairs will also assign a trained faculty member to assist in the investigation. The investigator will interview all parties involved, including any potential witnesses. The policy also states that past sexual history can only be included in the investigation if it could exonerate a party or give evidence of a different individual’s involvement.

“The investigator may also consider information publicly available from social media or other online sources that comes to the attention of the investigator,” the policy states. “The university does not actively monitor social media or online sources, however, and as with all potentially relevant information, the complainant, respondent or witness should bring online information to the attention of the investigator.”

All evidence and material gathered in the investigation will be made known to all parties involved. A faculty member can admit guilt to all or part of the complaint at any point in the process.

The investigator will produce a report and notify the parties of any and all charges if the investigator determines that one has been made. A hearing will later take place either in person or online.

“The hearing will be heard or conducted by either a hearing panel or an individual hearing officer. Hearing panels or officers will usually be external professionals, but the university reserves the right to have any case heard by university faculty or administrators,” the policy reads.

The hearing officer or panel typically issues a decision within 15 days of a hearing and notifies all parties. The members of the hearing panel can then recommend sanctions if the subject is deemed guilty.

To determine a sanction, the panel will consider the following: the extent of harm caused to or impact on individuals and the community; the potential for ongoing risk to specific individuals or the campus community; a faculty member’s disciplinary record and status of any prior conduct sanctions; level of intent, remorse, cooperation and willingness to take responsibility; evidence that the faculty member’s conduct was motivated by bias; impact statements submitted by either party; the violence of the conduct at issue and any other mitigating, exacerbating or compelling circumstances.

Appeals can be made by either party, regardless of the outcome, within 10 days of the final decision. Each party will have 10 days to review and respond to the appeal.

The process and procedures for reports and complaints about students are similar, but the supportive measures do include a change in residence halls. In its list of demands, SWSSU asked that the university amend its policy to remove the student from all on-campus living during the investigations and hearing.

For emergency removals, students are allowed to challenge an interim suspension. During hearings, students have the opportunity to have an adviser, such as an attorney, and the university will appoint one to a student if they do not have one at the time of the hearing.

Published on December 7, 2021 at 12:49 am

Contact Karoline: kaleonar@syr.edu