Notice of New Interim Discriminatory and Sexual Misconduct Policy

Dear Members of the Carnegie Mellon University Community:

As we set forth into the new academic year, I am writing to share information about the adoption of a new university Interim Discriminatory and Sexual Misconduct Policy. Last April, the U.S. Department of Education released final regulations under Title IX that impose new requirements on higher education institutions and the ways they respond to reports of sex discrimination and sex-based harassment. As required, the university became compliant with these new requirements by the effective date of the final regulations on August 1, 2024. 

In anticipation of the release of the final regulations, the university formed a Title IX Steering Committee composed of senior leadership in the Provost’s Office, the Office for Institutional Equity and Title IX, the Office of the Vice Provost for Diversity Equity and Inclusion and Chief Diversity Officer, the Division of Student Affairs, Human Resources and the Office of the General Counsel to review and revise the university’s sexual misconduct policies. Together with outside legal experts and input from community stakeholders, the Title IX Steering Committee worked throughout the summer to create a policy that reflects and maintains the values of CMU while also meeting the new legal standards of the final regulations. 

The new interim policy also applies to other forms of discrimination prohibited by law (as specified in the university’s Statement of Assurance). This change ensures all forms of discrimination will be handled in a consistent manner and provides clarity about reporting and resolving concerns of discriminatory conduct. The interim policy reflects the university’s continued commitment to combating all forms of discrimination and making significant improvements to our practices and policies for the benefit of all members of our campus community.

Due to the tight time constraints imposed by the effective date of the final regulations, the Interim Discriminatory and Sexual Misconduct Policy is being adopted for the 2024-2025 academic year. As detailed below, the university will conduct a full policy review process throughout the 2024-2025 academic year to allow for community engagement and input prior to the adoption of a final policy.

Below are a few key changes to the policy:

1. The policy uses the term “Prohibited Conduct” as an umbrella term to capture all conduct prohibited by the policy – outlined on this webpage. 
2. The final regulations require that all university employees, with some very limited exceptions, must report information about potential sex discrimination and other violations of the policy.
3. The final regulations also require that all employees receive annual training on mandatory reporting obligations under Title IX. Additional information regarding mandatory reporting and training for faculty and staff will be forthcoming early in the fall semester.
4. If desired by all parties, the university has more freedom to utilize and offer alternative resolutions. However, generally, mediation and similar alternative resolution procedures, such as restorative justice, are not employed for resolving complaints involving allegations of sexual violence.
5. The final regulations expand the application of Title IX to include sexual orientation, gender identity, pregnancy or related conditions, marital status, family status and parental status. Due to pre-existing university policy, as well as applicable local law, Carnegie Mellon already prohibited discrimination on the basis of these classifications.  

There are several items in the interim policy that remain identical to the last one, including the following:

• The university will continue to support community members impacted by discriminatory or sexual misconduct.
• We will continue to prohibit and respond to allegations of discriminatory and sexual misconduct impacting our community members, whether they occur on campus, off-campus or outside of the United States.
• We will continue to use the Preponderance of the Evidence Standard for adjudicating all reports of sex-based discrimination and sexual misconduct.

This foundational policy conveys our values as an institution, and your voices matter in helping us craft a final document that reflects our community's shared principles of diversity, respect and inclusion. In the coming months, we will initiate the Policy Review and Approval Process. This process will occur through the 2024-2025 academic year and provide opportunities for all community members to share their feedback on the Interim Discriminatory and Sexual Misconduct Policy, as well as review a new draft for the final Discriminatory and Sexual Misconduct Policy prior to adoption. Future communications on the details of these procedures are forthcoming.

I look forward to further engaging our CMU community on this important matter during the months ahead.

Sincerely,

James H. Garrett Jr.
Provost and Chief Academic Officer