Title IX New Regulations

Revised Title IX Sexual Harassment Policy Effective Aug. 14, 2020

The South Dakota Board of Regent Policy Manual has been updated and amended to include the U.S. Department of Education’s new Title IX Regulations addressing Sexual Harassment. The new regulations became effective on August 14, 2020. You can read the new BOR Policy here (1:17 Sexual Harassment). 

The BHSU Title IX-EO Office is responsible for implementing the new regulations for the BHSU community and has worked with various campus partners to ensure that existing protections for involved parties continue under the new policy. The new policy/procedures still require the university to fully investigate all forms of sexual harassment (including sexual assault, rape, domestic violence, dating violence, and stalking); provide supportive measures and services to all parties; require mandatory reporting by BHSU employees; and ensure due process protections for all parties during formal investigations.

Key mandates of the federal requirements that have been integrated into the new policy include:

    • Changes to definitions and terminology about what is considered prohibited conduct under Title IX;
    • The separation of roles between decision-makers and sexual misconduct investigators; and
    • The inclusion of live hearings as part of the decision-making process in formal procedures, include cross-examination of witnesses and involved parties, and provision of advisers to involved parties at no cost and for the purpose of conducting cross examination on behalf of involved parties.

Though the new federal regulations have prompted some changes to our sexual harassment policies and procedures, they do not change our fundamental commitment to cultivate a culture of respect and inclusion for all students and community members through processes that are timely, fair, transparent, consistent, and supportive to all parties. We remain steadfastly committed to responding appropriately to possible sexual misconduct on our campus through investigation, adjudication, education, and training.