Sent to all UNH Employees (status / adjunct) on 8月14日th, 2020年，平权行动与平等办公室

UNH will make all changes required by the Title IX Regulations, 和 will continue to work toward reducing the rate of sexual misconduct in the university community through both prevention efforts 和 vigorous enforcement of its policies against sexual harassment.  The university’s commitment remains unchanged to ensuring that all members of our community are afforded an environment free from discrimination 和 harassment in which to work, 研究, 和生活. With the Title IX Regulations going into effect 2020年8月14日，星期五, I want to take this opportunity to give a brief overview of the most pertinent updates the university has made to the Discrimination 和 Discriminatory Harassment Policy 和 学生权利、规则 & 职责(SRRR) in order to be compliant with the new regulations.

The Title IX Regulations provide an updated definition of sexual harassment which limits harassment subject to the regulations to include:  1) Quid pro quo harassment;  2) Unwelcome conduct determined by a reasonable person to be so severe, 无处不在的, 和 objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or 3) Sexual assault as defined by the Clery行为 和 dating violence, domestic violence, or stalking as defined by the 反妇女暴力法. Only offenses that occur in the university’s education programs or activities 和 against a person in the United States fall under Title IX. Allegations of sexual misconduct that fit within the Title IX definition must be investigated 和 addressed using the procedures prescribed in the regulations.  Allegations of sexual misconduct that violate university policy or the student code of conduct but which do not fit the Title IX definition will be addressed using procedures detailed in the Discrimination 和 Discriminatory Harassment Policy 和 SRRR.

Key components of the Title IX Regulations include:

1.  Once a formal complaint of Sexual Harassment is filed, the person accused will promptly be provided with written notice of the allegations, which will include the identities of the parties involved in the incident (if known), the conduct allegedly constituting Sexual Harassment, 和 the date 和 location of the alleged incident (if known).
2.   Title IX Sexual Harassment allegations will be investigated without university discretion to dismiss claims except in limited circumstances.  The university will assign an independent investigator for each case.
3.  The parties have exp和ed rights to participate in the resolution of Title IX claims, 包括但不限于:

a.  与大学指定的指导老师交流, who can assist them through the investigation 和 adjudication. Parties can instead choose to bring an advisor of their choice, who may be an attorney. The advisor will also conduct cross-examination of other parties 和 witnesses at a live hearing to decide the case.
b.  Several opportunities throughout the process to appeal decisions made by the university, including the decision that the matter constitutes sexual harassment under Title IX, 以及责任的确定.
c.  Access to all materials received during the investigation, which the university will make available to use at a live hearing to decide the case.

4.  Although the Title IX Regulations limit in some circumstances the university’s ability to offer an informal resolution process, where permitted UNH remains committed to allowing the parties to participate in such a process if they prefer to do so in lieu of a full investigation 和 adjudication.  In order to support informed 和 empowered decisions, informal resolution will be mediated by the university 和 the parties’ advisors 和 the UNH Sexual Harassment 和 Rape Prevention Program (SHARPP) 会被邀请参加吗.     

I will continue to update the community throughout the fall term.  If you have questions about these changes, please contact me at dms@ngskmc-eis.net.

谢谢你！

唐娜·玛丽·索伦蒂诺
主任和第九条协调员
平权行动与平等办公室