Improved Title IX procedures at UNC Chapel Hill (opinion)

It’s so exciting when we see those changes that we’ve been fighting for—and that we never expected to be made. About 12 years ago, I was a college administrator who filed both Title IX and Clery Act complaints with the Department of Education against the University of North Carolina at Chapel Hill, my former employer and beloved alma mater.

Over the years, UNC has repeatedly denied any wrongdoing, even after being placed under federal supervision and paying a large fine. I seriously doubted that their plans to conduct Title IX investigations would ever improve in any meaningful way. I’m glad to say I was wrong.

I recently had the opportunity to experience the new procedures firsthand as a volunteer attorney for a sexual misconduct survivor who took her case through the Title IX investigation/disciplinary process. I was incredibly impressed with all the fine workmanship. Investigations and hearings were handled with integrity and consideration, and an outstanding victim advocate was available to support the entire process. Kindness was a key factor in every step.

While it is true that UNC Chapel Hill is larger and has more resources than many other colleges and universities, many of the basic procedures I have seen are simple and inexpensive and can be used not only in Title IX procedures, but in many others. types of disciplinary and behavioral procedures. Some of my main takeaways were:

1. Carefulness is important. Although the investigation period took longer than expected, the two officers assigned to the case were very careful in finding and gathering all the relevant evidence. A number of students were interviewed for a long time, messages were written, pictures were taken and follow-up questions were asked. A final report with full details was completed for trial. Although such comprehensive information gathering can be time and resource intensive and result in long waiting times, it seems worth it if the accusers and the accused can see that the full picture of the event is being presented to the decision makers. and that all groups have the opportunity to participate and feel heard. A thorough, thorough investigation is essential in terms of enabling decision makers to make the best decisions and ensuring that all stakeholders trust the process.
2. Kindness is even more important. It is incredibly difficult for any student to report or be accused of sexual misconduct. The emotional stress is great, and many students have very little support as they go through the process because they may not feel comfortable telling their family and friends. All the staff we worked with were kind and respectful. They checked in with the student and were patient with his questions and concerns.
3. Quick responses and timely notifications are also important. Almost every time we sent a question or request, we received a response within one business day, often within a matter of hours. We were informed of every new step in the process, every deadline and every delay. This is not only good business practice, but this type of transparency is very important to those who may have experienced trauma. It was another practice that helps establish trust.

4. The human touch is still important. A few years ago, a UNC undergrad told me that even with their ever-increasing amount of time online, students still need to be able to connect with “smart adults, preferably in person.” This is absolutely true when dealing with Title IX and related issues. I understand the desire to use artificial intelligence and other technologies in the name of efficiency, but when dealing with serious issues like sexual harassment, students often need to interact with a real person, instead of an unresponsive bot. The student in my case was able to find a victim advocate throughout the process and had meetings with Title IX investigators and a pre-hearing meeting with the hearing officer, which allowed us to discuss final questions and helped alleviate many of our concerns.
5. Well-trained hearing officers are a great help. I was somewhat skeptical of the move by many colleges to move away from using faculty and staff panels and to hire hearing officer models. But after hearing a well-tuned hearing by a professional decision maker, I’m officially a fan. The ongoing problems with faculty/staff panels are not just a lack of training: It’s a lack of experience that leads to incoherence and ineffectiveness. The officer in our case was fair and impartial and was willing to use his authority to ask problematic questions and make sure we all behaved decently. We had some unexpected developments in our hearings, but having an experienced staff member running the hearings ensured that we did not lose valuable time and were able to proceed after a short delay.

There were still areas that clearly needed improvement. For example, the reporting party was initially given limited information about what to expect in the investigation/hearing process and felt unsure about the initial steps. A simple one-page document or slide deck that provided guidance on what to expect would have helped him better understand the process. Here are a few more suggestions.

1. Consider doing exit interviews for student organizations. Both reporting and responding parties may have valuable insights and suggestions for improvement. While it is true that their observations may include anger or disappointment due to final decisions, they can still point to problem areas or offer recommendations from the student’s perspective. Procedures that appear to be well-designed from an administrator’s point of view may seem overly burdensome or confusing from a student’s point of view.
2. Note the relative speed of the process. While I fully appreciate the need to do a thorough investigation, remember that most students are only in college for two to four years. Any administrative investigation it issues can have dire consequences for the academic progress of the students involved. All deadlines should be clearly defined and enforced. And please stop scheduling hearings, important meetings or interviews during the final weeks!

3. Reduce the legal. I think many colleges are afraid to use plain language in their policies and communication with students. This is a mistake. Legalese keeps many students, their parents, faculty and staff from fully understanding the various procedures. Keep in mind that most policymakers do not have law degrees. In our case, the official transcript of the emails sent by the Title IX office intimidated some of the student witnesses from agreeing to interview the investigators, as they mistakenly believed they would have to obtain legal representation. Policies should be written by nonlawyers first, and colleges should consider including students in policy development and communication programs.
4. An account of the role of external lawyers. Whether or not attorneys can directly participate in your Title IX proceedings, many students will hire them to help with evidence gathering and overall preparation. Overzealous lawyers may try to influence the process improperly. Consider providing volunteer attorneys for both reporting and responding parties to even the playing field. Law students or retired lawyers may be willing to take on this role. And work to educate any student retention attorneys to understand your processes, especially the differences between academic and Title IX processes and the criminal justice system.

The gold standard of this work is creating a humane process where all students involved feel they have been treated with respect and fairness. Just being compliant and checking the boxes is not enough. Although highly structured procedures and policies are needed to meet government mandates and ensure consistency, human communication and empathy among all stakeholders must be thorough.