Valerie Simons, Director of Institutional Equity and Compliance and Title IX coordinator at CU-Boulder, discusses how she is helping CU-Boulder expand its efforts to reduce sexual discrimination and harassment and more effectively respond to it when it occurs.
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What is Title IX and why is it important to CU-Boulder?
Title IX is the federal law that prohibits sex discrimination in educational institutions that receive federal financial assistance. Title IX was encoded into federal law in 1972. It holds that no person, on the basis of sex can be excluded from participating, or be denied the benefits of, or be subjected to discrimination under any educational program or activity that receives federal funds. In a basic sense, this means that college campuses cannot create an inherently unequal environment for participating in the process of higher education.
You obviously have a very strong legal background and substantial knowledge in the areas of discrimination, sexual harassment and sexual assault. How do you intend to help CU-Boulder becomes a national model for compliance in these areas?
I served as a trial attorney for the U.S. Department of Justice, where I enforced civil rights laws, including Title IX. I have also represented numerous students in private practice in Title IX matters, including filing complaints on their behalf with the Office for Civil Rights. So, my background is directly relevant to my new position here. Moreover, one of the critical reasons I transitioned to CU-Boulder was the commitment I witnessed on the part of the campus leadership on these critical issues. My most important role here is to consolidate our investigative teams for all complaints of discrimination and harassment, coordinate our efforts with respect to accommodations, support services and interim remedies for all involved in the process, communicate about Title IX compliance to the campus and expand on the university’s education and prevention efforts, particularly in the area of bystander intervention programs.
Chancellor DiStefano has said that retaining the best students, faculty and staff is one of the university’s top priorities. How is your work assisting with that goal?
The best students, faculty and staff will be attracted to campuses that ensure an environment of equality, respect and adherence to state and federal laws. Where there is a commitment to equality and fairness, free from sexual assault and harassment and from other forms of discrimination, you will see energized professors, confident, engaged students and motivated staff. The best students, faculty and staff will want to come here, and they will want to stay here.
How do you assess the situation at CU-Boulder?
Again, I’m impressed with the commitment demonstrated by our leadership. The Pepper Hamilton independent report commissioned by the chancellor and delivered to the campus last year indicated the campus is following federal law and has the right mechanisms in place to enforce Title IX policy. Now the challenge is to bring those investigative efforts under a single, unified structure. Prior to my arrival, we had one investigative unit for faculty and staff Title IX issues and one for students, and we’re in the process of consolidating those efforts into one office. We’ve got a long-standing tradition here of victim advocacy and an excellent Office of Victim Assistance that really is a national model for public and private universities across the nation. While I’m still meeting my larger circle of colleagues, everyone I have met so far has shown a strong commitment to Title IX and a recognition of its importance for student, faculty and staff success. I believe we’re poised to make significant progress on Title IX issues given these commitments and successful existing models of victim support.
After spending so much time as an attorney, why did you change careers and come to CU-Boulder?
I think colleges and universities are at the forefront of shaping Title IX and are the institutions that are going to give it meaning in our time. We’ve seen how much Title IX issues are figuring into the discussion on campus safety, campus climate and equality at the federal level, from the White House to proposed legislation in Congress. We are well positioned as one of the nation’s premier public universities to confront these issues.
Why do universities investigate sexual assaults? Why aren’t they investigated by law enforcement?
A sexual assault is a criminal act that, in many cases, is investigated by law enforcement. But it is also a violation of university policy and federal law. The university is obligated, as a result of that, to take actions to investigate assaults and sanction those who are found responsible for them under Title IX. Keep in mind that the Title IX investigation happens concurrently with a law enforcement investigation. They are separate processes with different burdens of proof.
What are our obligations for creating a safer campus? How do we prevent assaults and discrimination from occurring, and how do we help victims when it does occur?
The most basic obligation is to report a sexual assault or sexual harassment, or any kind of discrimination, when you see it or are exposed to it. We need to look out for one another, be conscious and active bystanders who are willing to stop sexual assault and harassment, be supportive of an environment that is free from discrimination and harassment of any kind, and not allow any retaliation for reporting. We need to make sure our community understands how to report incidents of discrimination, harassment and assault, and we need to provide confidential support for victims as they go through the process of making a complaint and dealing with the emotional and psychological effects of sexual assault, sexual harassment and discrimination.
What is the most important message for you to share with every person out there?
Report sexual assault, sexual harassment and any form of discrimination. Err on the side of reporting and be willing to come forward. The institution will take steps to protect people from retaliation for reporting. Also, familiarize yourself with all campus policies on discrimination and harassment generally, and adhere to them. In doing these basic things, you will create a better and safer environment for all of us.