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CPUC votes in favor of proposed sexual misconduct policy changes

The Council of the Princeton University Community voted in favor of adopting changes to the University’s sex and gender discrimination and sexualmisconduct policy two weeks after facultyapprovedchanges to the waydisciplinary procedures are adjudicated.

These changes will be incorporated into section 1.9 of the University's "Rights, Rules Responsibilities" and through changes to the University's anti-discrimination and harassment policy.

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The approved policies create one comprehensive document for all sections related to sexual misconduct, clarify the rights and responsibilities of parties involved in sexual assault cases and incorporate definitions and penalties related to sexual misconduct that were approved by CPUC in a previous meeting.

A new website outlining the changes will go liveon Tuesday, and members of the community will receive an email informing them of the changes and providing resources for additional information.

“We want to make sure that the campus community understands the changes as quickly as possible,” University Vice Provost for Institutional Equity and Diversity Michele Minter said during her introductory presentation.

University Provost David Lee explained that disciplinary and policy changes were discussed extensively this summer after the U.S. Department of Education's Office for Civil Rights notified the University that its former regulations did not meet the requirements of the Clery Act; the Violence Against Women Act; and Title IX, a law prohibiting sex-based discrimination in educational institutions that receive federal funds.

The University faced pressures to change its policies quickly given the risk of liability ingovernment enforcement proceedings and private law suits, according to adocumentposted on the CPUC website. Minter added that the OCR has very significant enforcement powers regarding Title IX and that it could have potentially stripped the University of federal funding if it did not comply.

“We were very much dictated by what the Office of Civil Rights prescribed,” Lee said, adding that the noted procedures and policies will continue to be discussed and evaluated, but the requirements set by the OCR were very specific and do not leave much room for maneuvering.

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The four major policy changes inaugurated by the faculty and now consolidated in "Rights, Rules, Responsibilities" are to allow equal rights of appeal to both the accuser and those found guilty, to remove student presence from the adjudication panel, toreduce the burden of proof for sexual assault cases from “clear and persuasive” to “preponderance of evidence” and to allow both complainants and respondents to appoint an adviser from outside the University community.

The CPUC committee agrees with the OCR that there is a serious problem with the handling of sexual assault cases on college campuses, Minter said, adding that the committee understands why the federal government is taking such a strong stance on the issue.

“Many college campuses are not engaged at all and need a wake-up call,” Minter said.

Although Minter said the committee does have reservations about some of the changes demanded by the OCR, such as exempting students from the adjudication panel, these changes were federally mandated and have been in effect since the faculty vote earlier this month.

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Several student CPUC members and residential college advisers recommended that students approach a confidential resource such as the Sexual Harassment/Assault Advising, Resources & Educationoffice to make sure they understand the full range of options available to them after an assault.Given an RCA’s duty to report potential violations to a director of student life, consulting a strictly confidential resource could prevent students from unwanted courses of action, they said.

The CPUC community also highlighted that victims should always be encouraged to come forward.

When asked about feedback mechanisms for the new policy, Minter said the committee was still considering possible options to gauge responses in the future but that feedback on the former policy has not been systematic.

University President Christopher Eisgruber ’83 initiated a new committee for ongoing discussion and review of the new policies. The committee is scheduled to begin operations in a couple of weeks and will be co-chaired by English professor Deborah Nord and Minter and will include both faculty and students.

USG senate member Zhan Okuda-Lim ’15 said the senate supports the overall policy changes but asks that the committee consider ways to provide equitable access to advisers for parties regardless of financial resources, that it clarify the role of advisers in procedures and that it investigate the dual role of the new three-person panel.

Minter said the panel of investigators will be made up ofa member of her staff, a member of the Graduate School or ODUS staff and a lawyer hired by the University and assigned specifically to relevant cases.