New Title IX procedures were the focus of Faculty Council’s Thursday meeting.
####Lack of representation
A new rule, section 600.040 of the collected rules and regulations, denies the complainant and the adviser the right to an adviser who may ask and answer questions on their behalf in a sexual discrimination case, and has become a point of contention among faculty members.
MU Law professor Frank Bowman authored a letter that expressed grievances over the new rule, which was [approved by the UM System Board of Curators on Feb. 5](https://www.themaneater.com/stories/2015/2/5/curators-approve-title-ix-procedures-amendments/), and formally requested the board to amend the rule. He said the letter was signed by over 195 faculty members.
Bowman said he believes the new rule is unfair to both the complainant and the accused, neither of whom he believes would be in a proper state to speak for and defend themselves during such an emotionally turbulent time.
“People need an adviser because the result of the hearing will decide the future course of their lives,” he said. “Nobody is able to cogently represent themselves with those kinds of stakes on the line.”
Faculty Council Chairman Craig Roberts agreed that further discussion on this issue should take place in the future.
####End of the search
Provost Garnett Stokes announced to the council that the new, full-time Title IX coordinator will be announced early next week.
Bowman added that the Title IX coordinator will be a woman and a graduate of MU’s School of Law.
Linda Bennett has filled the position on an interim basis since [MU announced in June 2014 it would be a full-time post.](https://www.themaneater.com/stories/2014/6/24/title-ix-coordinator-becomes-full-time-position/).
MU had been searching for a permanent Title IX coordinator since the announcement and has held [open forums for four candidates in December](https://www.themaneater.com/stories/2014/11/30/faculty-council-discuss-title-ix-faculty-compensat/).
The position, which was previously held by Noel English, had been a part-time position prior to a [2014 investigation](https://www.themaneater.com/stories/2014/4/22/report-condemns-universitys-handling-menu-courey-c/) that revealed MU’s mishandling of Title IX policies in [late MU athlete Sasha Menu Courey’s alleged 2010 sexual assault case](https://www.themaneater.com/stories/2014/1/26/report-alleges-mizzou-athletics-failed-investigate/).
####Outlining the new rules
Dennis Miller, Faculty Council’s representative to the Intercampus Faculty Council, outlined several other components of the new Title IX process approved by the Board of Curators. He said MU’s response to sexual misconduct complaints will include a two-step process.
Miller said the first step, an “interim remedy,” is to protect the complainant from the accused that may require taking someone out of a class or relocating them to a different residence hall.
An objective Title IX investigator will then be assigned to the case. He or she will be someone who is able to consider the testimony of the complainant and the accused from a “bird’s eye view,” Miller said. He said the investigator’s report will be given to the provost who will determine what kind of resolution is necessary for the given situation.
If the offense is relatively minor, the complainant and the accused may undergo a conflict resolution step in which they settle their differences via an unmoderated discussion.
If the offense is more serious, the provost will most likely suggest an administrative resolution that requires the complainant and the accused to attend a formal hearing, Miller said.
The hearings take place before a hearing panel comprised of three faculty members. The members for the final hearing panel are chosen by the panelist approval chair, who will be a member of the administration.