The U.S. Department of Education recently changed its rules under Title IX, a federal law which reads, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The new rules change how complaints and discrimination cases can be handled by educational institutions like Glen Oaks Community College.

As a result, in order to remain compliant with Title IX and its processes, the college’s Board of Trustees adopted a new Sex/Gender-Based Harassment, Discrimination and Misconduct Policy during a regular meeting on Thursday, Aug. 13. The new policy replaces a previous one that was framed around the old rules. The changes bring the college into compliance just in time for deadline by which the new Title IX rules take effect, which occurred on Friday.

Vice President of Student Services and Title IX Coordinator Tonya Howden detailed the rules contained in the new policy to trustees. She said sexual harassment is now an umbrella term, with its definition narrowed, and the policy has been shortened from 26 to 15 pages. Some eventualities that no longer fall under Title IX, such as off-campus incidents involving students or organizations affiliated with the college, can still fall under the college’s separate misconduct policy, which Howden said she will revise for approval at the next board meeting.

Howden said the most controversial component of the new Title IX rules is that an institution must now require live hearings with cross examination and student advisor representation. One student could hire an attorney, while another could “bring grandma with them,” Howden said, and a grievance process is not required without someone filing a formal complaint. 

Further, the new rules increase the staff capacity necessary for compliance, since they call for more separation of duties between who can investigate a case, make judgments, and handle other parts of a grievance. Howden said she is now primarily responsible for making sure people understand their rights and responsibilities, while other staff are being trained for other roles. Howden hopes the college will hire attorneys to help with the process, since the process is “taking college hearings and turning them into mock courts. We’re not trained lawyers.”

Advocates for the changed Title IX rules say previous procedures emphasized a presumption of guilt, including a 2011 Obama administration rule that encouraged a “preponderance of evidence” doctrine which encouraged college administrators to proceed with disciplinary action based on the quality of available evidence. Howden said in her experience, “it sometimes did turn out the accused were not responsible.” 

Victims’ rights organizations have been objecting to the changes on several grounds. According to several sources, such organizations allege they were not included in conversations around developing the new rules, which they say do not address or take into consideration the inherent trauma that sexual abuse and assault victims face. Many object to the exclusion of off-campus complaints.

Also at Thursday’s meeting, Trustees adopted a racism statement in light of recent national events and trends. Trustees adopted the policy by consent, or without a vote.

More Policy Under Consideration

College President David Devier said he is working with attorneys and staff to develop a Force Majeure policy for future adoption. Force Majeure is French for “superior force,” and is sometimes also called an “act of God” in legal documents. A Force Majeure policy relieves the two parties from obligations under a contract when a major event or situation beyond their control affects their ability to carry out the contract’s terms.

Devier said he is looking to develop a policy that would make Force Majeure clauses standard in all of the college’s contracts, memorandums, and agreements. The initiative came about in response to the circumstances of the current global pandemic. Devier plans to have a policy available for review and adoption at the next regular meeting, but said he would like to include such a clause in the college’s Memorandums of Understanding with local high schools in the meantime.

Funds Tight, Tree Program Helps

As with many agencies, the college is experiencing a tightening of funds around the pandemic and recession. Devier said the college is “in the black.” However, according to Vice President of Finance Bruce Zakrzewski, the state said it is cutting 11 percent of funds it contributes toward the general operation of the college in its 2020 budget. Replacement funds would come in 2021 through federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. Zakrzewski said he is working to identify appropriate for those funds, which are somewhat more restricted than general funds would be. 

A large-scale tree removal program helped with July revenue, which was otherwise minimal. The trees were resold once cut, earning the college around $70,000. The one-time project may evolve into a running conservation and removal plan, according to Thursday’s discussion.

Operations Continue with Pandemic Adjustments

Director of Human Resources Jamie Bennett-Yesh reviewed the college’s policies governing how employees return to work as the end of summer approaches amid the pandemic. Most of the plans revolve around rules and guidelines set forth in the federal Families First Coronavirus Response Act. 

There are three facets of the act to comply with. The first permits employees up to 80 hours or two weeks of sick leave at 100 percent pay for reasons such as a quarantine requirement, COVID-19 diagnosis, or an exposure. The second permits the same length of sick leave at 2/3 pay for employees who must care for a child whose school or place of care is closed due to the pandemic. Both are separate from, and in addition to, other college leave provisions. The third provides up to 10 additional weeks of Family Medical Leave pay at 2/3 their rate for similar reasons.

Devier said only one employee has actually had a documented case of COVID-19 so far, but some other employees who have been potentially exposed to the disease have been teleworking instead of using leave. Bennett-Yesh said employees whose responsibilities can be met remotely are eligible to work from home after reopening if they or a member of their household are at high risk from the pandemic, or if they must care for someone due to a facility closure or a quarantine. Others may be permitted to telework at their supervisors’ discretion.

Howden said enrollment at the college is down amid the pandemic, but credit hours are down less because students are taking more credits, which she said is helpful because “credit count pays the bills.” She said student housing is currently full, and temperature checking, office appointment scheduling, and Zoom sessions are all being used to reduce the potential for the spread of COVID-19.

Paving Work Continues

Ongoing work to build and pave parking lots at the college have continued through this summer. Devier said the work began with a $1.5 million grant from the Michigan Economic Development Corporation in 2018. The college received the first half of the grant early in the project and has had to spend that money before it could receive the second half of the funds.

The work has included repaving of several lots and construction of a new north lot near a handicapped entrance, creating a fully accessible lot. A lot that surrounds the gymnasium went out for bids recently. The work is tentatively scheduled to start on August 21, and Devier said school should be able to open with that work going on, though most of it should be done by then. 

A collection of bids on current parking project work amounts to $131,553. Devier said large earth mounds and “bridges to nowhere” on the campus have been or are being removed as part of the overall project. “It’s pretty amazing what’s going on,” Devier said about the changes to the campus and its appearance. “It’s just going to be so much more appealing to everybody.” 

Dave Vago is a staff writer and columnist for Watershed Voice. A Philadelphia native with roots in Three Rivers, Vago is a planning consultant to history and community development organizations and is the former Executive Director of the Three Rivers DDA/Main Street program.