This chart is intended to be a helpful guide to how some key provisions of the Department of Education’s recently proposed Title IX regulations intersect with current Amherst policies; it is not intended to be a comprehensive analysis.

It is critical to understand that the proposed regulations are not yet the law and, further, that some or all of the regulations may never become law. These proposals first must go through the formal Rule Making Process of the Administrative Procedures Act, the process by which a federal agency proposes federal regulations that it wants to become part of federal law. The process involves: public input, via comments; a review of these comments by the Department; and the issuance of final regulations that may differ from these proposals. This process will take several months. It is also possible that these proposed rules will be the subject of litigation, which may affect whether or not they become law.

You can learn more by reviewing:

Here is a chart comparing key proposed rules with current Amherst Policy:

Proposed Regulations Same as or Different Than Current Amherst Policy? Current Amherst Policy/Additional Information
Supportive Measures

The institution should offer both parties supportive measures, like academic or residential modifications, or health care.

Same

 Amherst offers supportive measures to all persons affected by sexual misconduct, including the parties, witnesses, and third party reporters.
Conduct/Definitions

Sexual harassment means:

“…Unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or sexual assault.”

Different

Per Amherst’s Sexual Misconduct Policy, sexual harassment means.:

“Any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when…such conduct has the purpose of or effect of unreasonably interfering with an individual’s work or academic performance by creating an intimidating, hostile, humiliating, demeaning or sexually offensive working, academic, or social environment.”

Note: Behaviors that may no longer fall under Amherst’s Sexual Misconduct Policy/Title IX, but which are nonetheless problematic, may still be prohibited by the Honor Code.

Sexual harassment that occurs off-campus and which isn’t related to the institution’s programs or activities is not covered by Title IX.

Different

Amherst’s Sexual Misconduct Policy holds community members responsible for their actions and behavior, whether the conduct occurs on campus or off.

Note: However, the proposed regulations do not prevent an institution from prohibiting and addressing off-campus conduct.
Adjudications

The institution must conduct an adjudication when formal complaints of sexual misconduct are received.

Same

  

Adjudications must be conducted via a live hearing.

Same

Amherst’s current model utilizes a live hearing for adjudications.

The hearing must provide for cross-examination.

Same

Amherst’s current hearing model allows the parties to ask each other questions that are intermediated through the hearing chair. (Parties do not speak to one another.)

The cross-examination must be conducted by a party’s advisor.

Different

Consistent with our process for other student conduct adjudications, Amherst’s current model does not allow a party’s advisor to actively participate in the hearing and specifically disallows the advisor from speaking to the other party, the hearing board, or any witnesses.

If a party does not have an advisor present at the hearing, the institution must provide the party with an advisor (who is aligned with that party) to conduct cross-examination.

Different

Amherst does not formally designate or provide advisors to parties. Parties currently have the option – under federal law and Amherst policy – to use any advisor they choose.

On request, an institution must provide for the opportunity for parties to be in separate rooms, with the use of technology to enable cross- examination while the parties are separated.

Same

Amherst’s current model allows parties to attend the hearing via technological means.

Information about a party’s prior sexual history is not allowable, except under certain circumstances.

Same

 

The institution may use the preponderance of the evidence standard only if it utilizes that standard for other conduct violations that could result in similar sanctions. Further, the institution must use the same standard of evidence in addressing complaints against students and complaints against employees, including faculty.

Different

Amherst’s faculty process uses the “clear and convincing” standard of evidence.

Amherst’s student process uses the “preponderance of the evidence” standard.

Appeals, if offered by an institution’s process, must be available for both parties.

Same

 
Informal Resolution of Complaints

Informal resolution of all complaints of sexual harassment, including sexual violence, is allowed.

Different

Amherst’s policy allows for the informal resolution of complaints, except for complaints of sexual violence.