New Title IX regulations prompt changes to university's sexual misconduct policy and procedures

Updated Department of Education law also creates mandatory obligations for all university employees when they become aware of sexual or sex-based misconduct

Johns Hopkins University has made updates to its sexual misconduct policy to account for recent changes to Title IX regulations issued by the U.S. Department of Education. The new policy took effect on Aug. 1.

"The updates maintain the core elements of JHU's policy, and are consistent with the university's commitment to preventing sexual misconduct, addressing reports fairly and in a timely manner, and providing support for those involved in sexual misconduct matters," said Linda Boyd, assistant vice provost and Title IX coordinator for the Office of Institutional Equity (OIE). "There is no place for sexual or sex-based misconduct on our campuses or in our programs."

The revised policy, the Interim Sexual and Sex-Based Misconduct Policy and Procedures:

  • Clarifies the definition of sex-based discrimination and harassment, explicitly noting that it includes discrimination and harassment based on sex stereotypes, sex characteristics, sexual orientation, gender identity, marital status, parental status, and pregnancy and related conditions. This is consistent with the university's existing practices.

  • Ensures that all allegations of sexual and sex-based misconduct are addressed under the Interim Sexual and Sex-Based Misconduct Policy and Procedures. Previously, some forms of sex-based discrimination were handled under the Discrimination and Harassment Policy.

  • Includes a modified grievance process for all investigations of sex-based and sexual misconduct, with specific procedures for assessing the credibility of involved parties and witnesses.

More information about the changes to federal regulations and university policy is available on the OIE website, which will soon publish a detailed FAQ section.

Additionally, the new Department of Education regulations create mandatory obligations for all university employees in certain situations. First, if a student informs any employee that they are pregnant or have a related condition, the employee must provide specific information to the student.

Second, there are new requirements when employees become aware of potential sexual or sex-based misconduct, depending on the employee's role:

  • Responsible Employees are required to report potential sexual and sex-based misconduct to OIE. Responsible Employees include all faculty, Student Affairs staff, athletics coaches, academic advisors and administrators, resident advisors, teaching assistants, Public Safety staff, Human Resources staff, and OIE staff. To file a report, contact oie@jhu.edu or use OIE's online reporting form.

  • Confidential Employees are newly required to discuss their confidential role and provide specific information to individuals who disclose potential sexual or sex-based misconduct. Confidential Employees include mental health providers and staff, health care providers and staff, pastoral counselors and staff, the Ombuds office, and any other individuals who have a legal obligation to protect confidentiality when acting in a professional capacity (unless there is an imminent threat to health or safety, or other legal basis for disclosure).

  • All Other Employees are newly required to provide to individuals who disclose potential sexual or sex-based misconduct both the contact information for the Title IX coordinator and information on how to file a report. This obligation applies to every employee who is not a Responsible Employee or Confidential Employee.

The revised policy has an interim designation to allow for feedback from the university community, and also due to numerous legal challenges pending against the federal regulations. The university will continue to monitor legal developments that may have an impact on this policy and welcomes insights or feedback from members of the JHU community at titleixcoordinator@jhu.edu. Opportunities to discuss the revised interim policy and provide input will be announced in the coming weeks.

To contact the Office of Institutional Equity, call 410-516-8075 or email oie@jhu.edu or titleixcoordinator@jhu.edu.