Chapman University creates two new sexual misconduct policies

The Title IX policy pertains to sexual misconduct that occurs on-campus, while the policy for California Senate Bill 493 pertains to off-campus incidents. Graphic by HARRY LADA, Art Director

Trigger warning: Sexual harassment, sexual assault, sexual misconduct, rape, sexual battery

Chapman’s former Student Sexual Misconduct Policy is no longer in effect, according to a Feb. 21 email announcement from Dean of Student Affairs Jerry Price. In its place, the university created two new policies: the Student Policy on Sexual Harassment Prohibited by Title IX and the Student Policy on Sexual Harassment Prohibited by Senate Bill 493.

This decision comes in tandem with California Senate Bill 493, which seeks to protect the state’s college students from changes to Title IX regulations made by former President Donald Trump. 

Some of these changes included requiring victims to go through direct cross-examination by their assailant’s advisor and making schools dismiss instances of sexual misconduct that took place off-campus. Senate Bill 493 now requires schools to address off-campus incidents and forbids cross-examination.

“Any cross-examination of either party or any witness shall not be conducted directly by a party or a party’s advisor,” the bill states.

According to Colleen Wood, Chapman’s director of Student Conduct and assistant dean of students, one of the main differences between the university’s two new policies has to do with the location in which a sexual harassment or assault occurs.

The Student Policy on Sexual Harassment Prohibited by Title IX would pertain to sexual harassment and assaults that happened on-campus, like in a residence hall. The Student Policy on Sexual Harassment Prohibited by Senate Bill 493, on the other hand, would apply to situations that occur off-campus — like in a non-Chapman-owned house.

Another difference between the policies is the definitions of some of the forms of sexual misconduct that each uses to hold students accountable. The main definitions that were changed relate to sexual harassment, sexual violence, rape, sexual battery and sexual exploitation.

Formerly, the Student Sexual Misconduct Policy had included a key concept from the Trump administration’s Title IX changes, which stated that unwelcome conduct “had to be so severe, pervasive and objectively offensive” that it prevented an individual from being able to engage in an education program or activity.

Although a hypothetical instance of sexual misconduct that occurred in January 2022 would use the definitions stated in the Student Sexual Misconduct Policy, in compliance with the Trump administration’s Title IX changes, instances of sexual misconduct after Feb. 21 are subject to the definitions stated in the new policies.

“Sometimes, it takes a while for students to come forward to report sexual misconduct, and we can’t really hold students accountable — especially to new definitions — until they’ve been notified that that behavior is the new definition for, say, sexual battery,” Wood said. “It’s not fair for me to (say), ‘Well, this is the new definition, and you didn’t know it, but this thing you did a year ago is now against policy.’”

President Joe Biden’s administration is in the process of creating new Title IX proposals, which would rewrite the policies put forth by the Trump administration. The Biden administration’s proposals are expected to be announced to the public in April 2022.

According to Wood, these changes would mean that Chapman may have to rewrite its sexual misconduct policies again in order to comply with the changes.

The policies for Chapman’s Human Resources Department are also undergoing similar changes, including the prohibition of direct cross-examination and the elaboration of definitions for the forms of sexual misconduct. The updated policies are expected to be uploaded onto the HR website page by March 11, according to Albert Roberson, Chapman’s deputy Title IX coordinator.

“There’s a level of clarity that needs to be conveyed over to the individuals that potentially would be either complaining parties (victims) or responding parties (assailants) that would allow them to understand every component of that defined term,” Roberson said. “The goal was to truly create a space that provided clarity under the bill itself, so that (both) parties understood the process completely.”

Wood emphasized to The Panther that students who wish to report sexual misconduct do not need to know what policy would apply to their situation.

“That’s for (Chapman personnel) to figure out because, especially for some things like stalking, it’s going to be honestly kind of messy for us to figure out, but that’s for us to figure out,” Wood said. “That’s not for (students) to have to worry about and figure out.”

If a student wishes to report sexual misconduct, they can contact the following Chapman staff:

• DeAnn Yocum Gaffney, the associate vice president for student affairs and lead Title IX coordinator

• Colleen Wood, the director of student conduct and the assistant dean of students

• Lauren Lockwood and Ezra Omar, the program coordinators for student affairs

• Miguel Calderon, case manager

• Dani Smith, sexual assault and rape crisis counselor

• Residence advisors

• Public Safety Department

• Office of Human Resources

For students who wish to speak with someone without formally reporting the sexual misconduct to the university, they can find the appropriate staff member or service on the Title IX and Sexual Misconduct Resources page on the university’s website.

There are also many local non-profit organizations that students can turn to for support, including Waymakers and the Orange County Rape Crisis Center.