Over the past 3 months, a committee of student survivors and allies have provided extensive feedback to the Stanford administration as they revised Stanford’s Title IX policy to align with Betsy DeVos’s newly released federal regulations.

We delivered a total of 25 detailed recommendations to administrators, documented here. Each point was discussed at length with the individuals in charge of writing Stanford’s Title IX policy. As a committee, we explained the reasoning behind and feasibility of each recommendation, in addition to adapting our recommendations based on their feedback. The administrators had weeks’ – and sometimes months’ – advanced notice of our recommendations.

On August 4th, the draft Title IX policy was released. Stanford administrators failed to implement 23 of our 25 recommendations. Of the two that were implemented, one was required by California law.

Stanford’s stated goal is to create a campus where students can thrive, yet on this issue of our basic safety it is blatantly obvious that the administration only met with us to check a box, instead of actually seeking to implement our feedback. The draft Title IX policy ignored student input and, if implemented in its current form, would result in a dangerous and hostile environment for survivors at Stanford. Adding on to the already dangerous provisions required by DeVos’s regulations, this draft policy went beyond what was required by DeVos’s new regulations, choosing to create a hostile environment for survivors, preventing accountability for perpetrators of sexual violence. In order to mitigate the harm caused by this policy, we are calling on Stanford to incorporate into the Title IX policy each of the student recommendations listed below (detailed ASSU comment here):

1. INCREASE LEGAL AID PROVISION

2. RESTORE 60 DAY TIMELINE

3. USE CLERY DEFINITIONS OF SODOMY, FONDLING AND SEXUAL ASSAULT WITH AN OBJECT

4. INSTITUTE PRE-APPROVAL OF CROSS-EXAMINATION QUESTIONS

5. BAR ANY STANFORD ALUMNI, PARENTS, OR DONORS FROM SERVING AS A DECISION MAKER IN A TITLE IX CASE

6. BAR ANY STANFORD AFFILIATE FROM SERVING AS AN APPEAL OFFICER

7. ENSURE THAT THE APPEAL OFFICER CANNOT IMPOSE DIFFERENT SANCTION

8. DECLARE THAT ACADEMIC AND PROFESSIONAL CONFERENCES ARE WITHIN STANFORD’S “PROGRAM OR ACTIVITY” FOR THE PURPOSES OF TITLE IX

9. MARK TRANSCRIPTS AND PERSONNEL FILES OF STUDENTS, FACULTY AND STAFF FOUND RESPONSIBLE FOR A TITLE IX POLICY VIOLATION

10. BAR THE USE OF PRECEDENT TO DECIDE PUNITIVE MEASURES

11. MAKE EXPULSION THE MANDATORY SANCTION FOR AGGRAVATED OFFENSES

12. DO NOT IMPLEMENT THE NEW POLICY UNTIL IT IS LEGALLY REQUIRED

13. EXPLORE RESTORATIVE JUSTICE OPTIONS

14. INFORM PARTIES OF THEIR RIGHT TO A BREAK DURING CROSS-EXAMINATION

15. INFORM WITNESSES OF THEIR RIGHTS IN ANSWERING CROSS-EXAMINATION QUESTIONS

16. IMPLEMENT BEHAVIORAL STANDARDS FOR ADVISORS DURING CROSS-EXAMINATION

17. REQUIRE TRAUMA-INFORMED DECISION-MAKER TRAINING

18. REQUIRED DIVULGENCE OF RELATIONSHIP BETWEEN ADVISOR AND PARTIES

19. DEFAULT VENUE FOR HEARINGS SHOULD BE VIDEO

20. PROVIDE INTERIM MEASURES TO ALL WHO REPORT SEXUAL VIOLENCE

21. CREATE A PENALTY CODE WITH DEFINED RANGES SPECIFIED FOR EACH OFFENSE

22. MAKE FAILURE TO PARTICIPATE IN DISCIPLINARY PROCESS WHEN ACCUSED OF SEXUAL VIOLENCE A FUNDAMENTAL STANDARD VIOLATION

23. BAR REPEAT OFFENDERS FROM USING INFORMAL RESOLUTIONS

In addition to ignoring student recommendations, Stanford included harmful and unnecessary provisions in the draft Title IX policy. We are demanding that the following points be corrected:

1. LIMIT THE DISCRETION OF THE TITLE IX COORDINATOR WHEN UNNECESSARY OR HARMFUL THROUGHOUT THE CASE PROCEEDING

2. DON’T REDUCE UNIVERSITY ACCOUNTABILITY FOR MISHANDELING SEXUAL VIOLENCEPROVIDE AN AMNESTY POLICY FOR SEXUAL VIOLENCE AND TITLE IX COMPLAINANTS IN THE COVID-19 REGULATION DISCIPLINARY PROCESS

3. REGARDLESS OF THE LEGAL AID PROGRAM IMPLEMENTED, THE TITLE IX OFFICE MUST PROACTIVELY INFORM AND INITIATE THE LEGAL SUPPORT PROCESS

4. CONTINUE TO HOLD RESPONDENTS NO LONGER AT THE UNIVERSITY ACCOUNTABLE

5. MAKE INDEPENDENT DECISION-MAKERS TRULY INDEPENDENT IN DETERMINING SANCTIONS

6. END THE DOUBLE-STANDARDS IN THE PROPOSED TIMELINES

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