Sexual Assault Task Force Progress Report

Last Updated November 9, 2016
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I. Broad Recommendations
RecommendationsOur Progress
I.1. Establish Title IX obligations as an institutional priority.Established Sexual Assault Task Force and Spiritual Life and Character Formation Task Force to implement recommendations and focus on campus culture of care and respect. Increased Title IX and Counseling Center staffing and budgets. Title IX institutional reporting line modified to promote improved oversight and institutional support.
I.2. Take swift and certain action consistent with these recommendations.Announced leadership changes and commitment to implementation of recommendations. Established Sexual Assault Task Force and Spiritual Life and Character Formation Task Force along with implementation teams for immediate and ongoing study and action.
I.3. Offer institutional and personal apologies and appropriate remedies.In May 26 announcement and press briefing that followed, including statement by Ron Murff, Chair of Baylor Board of Regents: “We, as the governing Board of this University, offer our apologies to the many who sought help from the University. We are deeply sorry for the harm that survivors have endured." Began process of reaching out to individual survivors by designating an Implementation Team to address restorative needs of victims (Section II of Recommendations)
I.4. Consider necessary personnel action for accountability and effective implementation of Title IX.Several members of the Administration and Athletics program have been dismissed. Neither these individuals nor the disciplinary actions will be identified publicly. October 7, 2016 announcement of appointment of Doug Welch as Chief Compliance Officer. CCO will be responsible for the development of a centralized compliance center of excellence to equip and support the University’s work in the areas of research, athletics, Equal Employment Opportunity, Title IX and Clery compliance.
  • Following a national search, Interim President David E. Garland announced the appointment of Mack Rhoades as Vice President and Director of Athletics, effective August 15.
  • Title IX staffing levels have increased and the role of deputy Title IX director has been established.
  • Increased number of counselors, administrative and support positions in the Counseling Center.
  • I.5. Engage in measures that will instill a consistent institutional understanding of Title IX obligations.Sexual Assault Task Force and Spiritual Life and Character Formation Task Force established. Executive level training for Senior Leadership, including the President, Vice-Presidents and senior-level administrators scheduled for Fall 2016. October 7, 2016 announcement of appointment of Doug Welch as Chief Compliance Officer. CCO will be responsible for the development of a centralized compliance center of excellence to equip and support the University’s work in the areas of research, athletics, Equal Employment Opportunity, Title IX and Clery compliance.
    I.6. Take measures to ensure that the level of engagement by board members supports effective oversight of Title IX.Title IX Office provides quarterly reports to the Board of Regents' Audit and Risk Committee. Three Board of Regents members serve as ex-officio members of the Sexual Assault Task Force. Board Executive Committee receives regular updates from University President.
    I.7. Structure senior leadership to ensure appropriate and informed administrative oversight and effective implementation of Title IX and related compliance requirements.
  • Title IX Office reports to University President and Senior VP/COO. Weekly meetings held with COO to ensure that the Title IX Office is receiving adequate support.
  • October 7, 2016 announcement of appointment of Doug Welch as Chief Compliance Officer. CCO will be responsible for the development of a centralized compliance center of excellence to equip and support the University’s work in the areas of research, athletics, Equal Employment Opportunity, Title IX and Clery compliance.
  • Following a national search, Interim President David E. Garland announced the appointment of Mack Rhoades as Vice President and Director of Athletics, effective August 15.
  • I.8. Commit sufficient infrastructure and resources for effective Title IX implementation.
  • In addition to staffing increases, Title IX office space has been expanded to accommodate new staff and interaction with students.
  • Promoted existing staff member to Deputy Title IX Coordinator for intake, support, and case management.
  • Hired a prevention and education coordinator.
  • Hired 2 additional Title IX Investigators. Stronger partnership between Title IX office and Baylor Counseling established for immediate attention to emergency needs.
  • Sexual Assault Task Force and Spiritual Life and Character Formation Task Force established.
  • I.9. Create a culture within the football program that ensures that the reporting, investigation, and disciplinary actions involving student-athletes and athletics department staff are managed in the same manner as all other students and staff on campus, and that student-athletes are held accountable to the same standards as all Baylor students.
  • A working group of administrators is developed a Student-Athlete Misconduct Policy and Student-Athlete Reporting Protocol based on Big 12 and national best practices. The policy outlines expectations and consequences for failure to report misconduct in violation of University rules, departmental policies, and law.
  • Developed a student-athlete drug-testing program that promotes student-athlete compliance with all University, Big 12 Conference, and NCAA policies and procedures on drugs, and requires counseling services for student-athletes who may be dependent upon illegal drugs or who are using drugs illegally or in violation of Baylor’s rules.
  • Contracted with Aegis Sciences Corporation, an independent testing agency. Aegis is the testing agency for the Big 12, MLB Players Association, NFL Players Association and NASCAR.
  • Tests will detects drugs at lower thresholds and for longer periods of time, and will be more resistant to adulteration.
  • Testing began October 2016.
  • I.10. Identify leadership for the Athletics Department and football program to set a strong and consistent tone regarding Title IX and conduct issues and set expectations for required actions in response to all forms of student misconduct, harassment and discrimination.Following a national search, Interim President David E. Garland announced the appointment of Mack Rhoades as Vice President and Director of Athletics. Rhoades began August 15. Character, life training, bystander intervention, interpersonal and domestic violence education sessions conducted by the Title IX Office and Athletics Department utilizing internal and external professional resources.
    I.11. Make appropriate external reports to enforcement authorities.Baylor's Office of General Counsel engaged in on-going discussions with local law enforcement authorities.
    I.12. Consider the importance of forthright communication to the effective implementation of Title IX.University’s Marketing and Communications is implementing a strategic plan for communicating Title IX progress to the Baylor family. Periodic updates continue to be distributed via website, print vehicles, social media and through other earned-media sources. See http://www.baylor.edu/rtsv/.
    II. Restorative Remedies (Survivor Outreach)
    RecommendationsOur Progress
    II.1. Develop protocols to address the restorative and ongoing needs of victims of reported sexual assault between 2011 and 2015.Review underway of past cases of reported sexual misconduct from 2011 to 2015. The Restorative Remedies Implementation Team led by Dr. Gregory Jones will develop protocols to address the restorative and ongoing needs of sexual assault victims to ensure access to education.
    II.2. Contact known victims in the specific cases identified in this review to determine if there are appropriate remedies consistent with the goals of Title IX.Process of identifying and outreach to specific survivors underway. University will take actions consistent with the goals of Title IX as appropriate and supportive of each survivor.
    II.3. Conduct review of past cases from 2011 to 2015 to consider pattern, trends, climate.Review underway of past cases of reported sexual misconduct from 2011 to 2015. The Restorative Remedies Implementation Team led by Dr. Gregory Jones will develop protocols to address the restorative and ongoing needs of sexual assault victims to ensure access to education in a manner consistent with Title IX obligations.
    II.4. Identify victims who are still at Baylor who made reports that did not move forward to determine if the following exist:
  • any current conduct of concern
  • any current need for support
  • any appropriate restorative actions
  • any need for additional investigative steps
  • Review underway of past cases of reported sexual misconduct from 2011 to 2015. The Restorative Remedies Implementation Team led by Dr. Gregory Jones will develop protocols to address the restorative and ongoing needs of sexual assault victims to ensure access to education in a manner consistent with Title IX obligations.
    II.5. Identify victims who made reports, but later withdrew from Baylor, to understand if the withdrawal was connected to Title IX concerns.Review underway of past cases of reported sexual misconduct from 2011 to 2015. The Restorative Remedies Implementation Team led by Dr. Gregory Jones will develop protocols to address the restorative and ongoing needs of sexual assault victims to ensure access to education in a manner consistent with Title IX obligations.
    III. Governance, Leadership, and Compliance
    RecommendationsOur Progress
    III.1. Resolve current governance issues at the Executive Council and board levels.Engaged non-profit governance specialists to assist Board of Regents Governance Committee in establishing committee guidelines and Board member responsibilities. Conducted initial training with Board of Regents. Appointment of a new Chief of Staff to assist the President, Chief Operating Officer, and Provost to help determine best governing routines and meeting structure. Examining best practices of different executive organizational structures at other universities. November 9, 2016 Announcement to establish a new Governance Review Task Force that will review and recommend improvements in the Board’s practices, procedures and selection process. This Task Force will work alongside the Board’s Governance and Compensation committee that has already led the implementation of substantial changes. These include the formation of an Executive Committee and drawing more distinct lines of reporting between the Board and senior University leadership. Of particular note is the Board’s decision to disband its Athletics Committee, a structural change that signals its intention that all areas of the University fully align with the University’s mission.

    You can find the full Governance Review Task Force announcement and an Oct. 4 update memo outlining progress on implementation of the Pepper Hamilton Recommendations at www.baylor.edu/thefacts/.
    III.2. Empower board committees to take active role in education, oversight, and enforcement of governance issues and fiduciary responsibilities:
  • Provide Association of Governing Boards training for Board of Regents
  • Evaluate and make recommendations regarding board size and composition
  • Review considerations and standards for new board membership, including actual or perceived conflicts of interest, and implement due diligence standards in the selection of board members
  • Educate and train board members to remain within appropriate reporting protocols and lines of communication when addressing members of the administration and the Athletics Department (consistent with employment contracts)
  • Engaged non-profit governance specialists to assist Board of Regents Governance Committee in establishing committee guidelines and Board member responsibilities. Conducted initial training with Board of Regents. Established Board Executive Committee to provide oversight and enforcement. See November 9, 2016 Announcement to establish a new Governance Review Task Force that will review and recommend improvements in the Board’s practices, procedures and selection process. The full Governance Review Task Force announcement and an October 4, 2016 update memo outlining progress on implementation of the Pepper Hamilton Recommendations at www.baylor.edu/thefacts/.
    III.3. Expand representation of departments on the Executive Council in order to integrate Title IX across university functions (e.g., human resources).The President participates in weekly updates with the Sexual Assault Task Force. The Project Manager oversees coordination and monitors progress of each Implementation Team, and reports to the Chief Operating Officer (COO). The COO reports progress on each implementation team at weekly Executive Council meetings. The Vice President for Human Resources is a member of Executive Council to facilitate integration of Title IX across the University. (Promoted Cheryl Gochis to VP of Human Resources and Chief Human Resources Officer, and member of Executive Council).
    III.4. Restructure reporting lines for the Title IX and Clery (VAWA) Coordinators to ensure that each position has the power and authority necessary to implement responsibilities.Title IX Office reports to University President and Senior VP/COO. Clery reports through VP for Facilities and Operations to Senior VP/COO. Title IX Coordinator meets weekly with COO to ensure that the Title IX Office is receiving adequate support.
    III.5. Hire a full-time, dedicated, and qualified Chief Compliance Officer responsible for identifying risk, the likelihood of occurrence, the effectiveness of existing controls, the action needed to address gaps in compliance, and the consequences of failure to comply.October 7, 2016 announcement of appointment of Doug Welch as Chief Compliance Officer. CCO will be responsible for the development of a centralized compliance center of excellence to equip and support the University’s work in the areas of research, athletics, Equal Employment Opportunity, Title IX and Clery compliance. Additional responsibilities will include: Developing training and awareness programs for staff, faculty and students in areas of compliance and regulatory oversight; Collaborating with University administration, deans and department leaders to design effective policies and processes that ensure compliance with all federal and state statutory and regulatory standards; implementing effective checks and balances; and assessing the overall effectiveness of these initiatives.
    III.6. Develop oversight system of checks and balances to recognize non-compliance and hold administrators accountable for failures to comply.The CCO and Compliance Office will proactively monitor and ensure compliance in all federal and state statutory and regulatory standards. Chief Compliance Officer to enforce additional mechanisms of checks and balances. The Chief Operating Officer, Athletics Compliance, Title IX Coordinator and the Sexual Assault Task Force Project Manager report quarterly to the Board of Regents.
    III.7. Properly resource general counsel’s office and the chief compliance officer to track key legal developments in Title IX law and guidance, proactively identify risks associated with Title IX and related compliance requirements, and provide appropriate legal advice.Hired Assistant General Counsel who will specialize in Title IX Litigation. October 7, 2016 announcement of appointment of Doug Welch as Chief Compliance Officer. CCO will be responsible for the development of a centralized compliance center of excellence to equip and support the University’s work in the areas of research, athletics, Equal Employment Opportunity, Title IX and Clery compliance. Named Christopher Holmes University General Counsel.
    III.8. Train senior leadership to understand current federal law and guidance to support the University’s Title IX function and set an informed tone at the top that reinforces Baylor’s commitment to Title IX.Pepper Hamilton trained all executive-level Senior Leadership, including the President, Vice-Presidents and other senior-level administrators in September 2016.
    III.9. Identify a special oversight committee of the board to work in conjunction with leadership to ensure that these recommendations are properly resourced, completed in a timely manner, and effectively implemented.Three Board of Regents members serve as ex officio members of the Sexual Assault Task Force. Board Executive Committee receives regular updates from University President.
    III.10. Provide detailed periodic reports to the Board regarding the implementation of these recommendations.Audit and Compliance Committee of the Board of Regents receives quarterly updates from Director Special Projects and Initiatives (Project Manager for the Sexual Assault Task Force). Board of Regents received detailed report from the Sexual Assault Task Force at the July 2016 retreat.
    III.11. Provide detailed continuing quarterly reports to the Board on Student Conduct issues, Title IX compliance, and athletics compliance.Representatives from the Title IX Office and the Department of Athletics currently provide quarterly reports to the Audit and Compliance Committee of the Board of Regents. Appointed a Chief Compliance Officer to track key legal developments in Title IX law and guidance, and proactively identify risks associated with Title IX and related compliance requirements. The Chief Compliance Officer will coordinate compliance reporting to the Board of Regents.
    IV. Title IX Infrastructure, Resources, and Internal Protocols
    RecommendationsOur Progress
    IV.1. Properly resource (personnel and funding) Title IX office to implement policies, procedures, and practices:
  • Add Deputy Title IX coordinators for intake, support, and case management
  • Add prevention and education coordinator
  • Evaluate current investigative functioning to ensure thorough, adequate, reliable investigations
  • Assess the need for additional trained and experienced investigators (internal or external)
  • Provide trained and effective administrative support
  • Identify personnel for all positions based on level of training and experience to ensure effective implementation and removal of conflict in roles and reporting structure
  • Promoted existing staff member to Deputy Title IX Coordinator for intake, support, and case management.
  • Hired a prevention and education coordinator.
  • Conducting internal Audits of investigations.
  • Hired 1 additional investigator and process nearing completion for hiring third investigator position.
  • Title IX Administrative Manager hired.
  • External investigator hired.
  • PhD candidate hired to assist in Prevention and Education, climate survey implementation, assessment and marketing and other support of Title IX function. Considering additional personnel.
  • IV.2. Restructure the Title IX office to improve the implementation of policy, procedure and practices:
  • Develop specific intake protocol
  • Use case management approach to track and monitor interim measures and student success
  • Separate investigations from the provision of resources and support
  • Develop investigative templates and protocols for consistent documentation and evaluation
  • Review internal operating protocols to assure compliance, consistency, and follow up on all reports
  • Staffing needs addressed.
  • Provision of resources and support separated from investigations.
  • Policy and protocol review and revision underway.
  • Case management system operational.
  • IV.3. Develop structured protocols and systems for the coordination of information between and among implementers, including internal case management and documentation that tracks timelines, regular and ongoing internal and external communications, and documents investigative steps, interim measures and steps taken to eliminate sexual harassment or violence, prevent its recurrence and address its effects.
  • Licensed cloud-based software product, Symplicity, for unified case management of complaints and grievance reports for the Title IX Office.
  • As of June 2016, the software system is being utilized by the Title IX Office and HR.
  • Office of General Counsel and outside experts engaged to assist in review of best practices and protocol review and revision.
  • IV.4. Develop consistent protocols for application to critical decisions that identify decision-making authority, outline the applicable law and guidance, establish a template list of key considerations, and maintain appropriate documentation of the factual foundation for each decision. Office of General Counsel and outside experts engaged to assist in review of best practices and protocol review and revision.
    IV.5. Review and standardize existing template communications for regular stages of the process to assure consistency, the use of trauma-informed language, adherence to policy requirements and compliance with federal law regarding required written communications.Office of General Counsel and outside experts engaged to assist in evaluation of best practices and template communications review and revision.
    IV.6. Conduct an initial assessment in every case and ensure contemporaneous documentation of steps taken and information considered. The initial review should proceed to the point where a reasonable assessment of the safety of the individual and of the campus community can be made, and the Title IX Coordinator and/or Title IX Management Team has sufficient information to determine the best course of action, which may include an investigation or steps to otherwise determine what occurred.Office of General Counsel and outside experts engaged to assist in evaluating best practices and developing revisions of assessment procedure and protocol revision.
    IV.7. As part of the initial assessment of a report, develop a standardized process for evaluating a complainant’s request for anonymity, determining the appropriate course of action when balancing individual autonomy with broader campus safety obligations, and documenting the facts and circumstances that inform the University’s determination. This process, which must be supportive of a complainant’s needs and iterative in nature, can involve the Title IX Coordinator, the Title IX Management Team, or a separate entity specially designated to assist or evaluate a request for anonymity. The Title IX Coordinator should document the information gathered, the factors considered, the determination reached, and any additional steps taken to eliminate, prevent, and address the effects of the misconduct. Initial assessment protocols should vet whether a potential pattern of sexual violence is present.Office of General Counsel and outside experts engaged to assist in evaluating best practices and developing standardized process for evaluating complainants' request for anonymity when assessing broader campus safety obligations.
    IV.8. Ensure that all forms of informal resolution are clearly documented to demonstrate the actions that are taken to meet the University’s Title IX obligation to take action to eliminate a hostile environment, prevent its recurrence and address its effects on the complainant and the community.Internal audit conducted of all case files from July 2014 to August 2016. Consistent with revised Title IX Policy, staff to ensure accurate documentation of informal resolution to meet Title IX obligations.
    IV.9. Maintain appropriate documentation and records of all reports and steps taken to eliminate, prevent and address the effects of the prohibited conduct.Internal audit conducted of all case files from July 2014 to August 2016. Outside experts to review all case files from internal audit and provide feedback on documentation practices and standards.
    IV.10. Review and revise protocols to incorporate patterns, trends and climate assessment for consistent broad remedy analysis and investigation of potential serial offenders.Initiated internal Title IX Case Management and internal document tracking in August 2015.
  • Climate Survey Task Force in progress for 18 months, set to launch Fall 2016.
  • Implemented cloud-based software product, Symplicity, for unified case management of complaints and grievance reports for the Title IX Office.
  • IV.11. Evaluate appropriateness and availability of facilities to effectively implement Title IX responsibilities.Planning underway with internal and external architects to review plans for secured entrance, sound proofing confidential reporting spaces, trauma-informed environment, private waiting room, file room, technology, improved technology, additional work spaces.
    IV.12. Explore the use of available technology for reporting, responding, and tracking cases.Licensed and implemented cloud-based software product, Symplicity, for unified case management of complaints and grievance reports for the Title IX Office.
    V. Title IX Policy
    RecommendationsOur Progress
    V.1. Revise Title IX policy, procedure, and practices consistent with law, guidance, and most effective models from around the country. Incorporate the following considerations:
  • The findings of this review
  • Lessons learned from implementation during the 2015-2016 year
  • Compliance-related required updates
  • Effective and promising practices/solutions
  • Baylor’s institutional values and mission
  • Office of General Counsel and outside experts engaged to review best practices and assist the Title IX Office in the revision of Baylor’s Title IX Policy.
  • This policy will reflect the most recent guidance from the Department of Education’s Office of Civil Rights.
  • V.2. Revise Baylor’s Title IX policy to include a clear amnesty provision for violation of the Sexual Conduct Policy.
  • Office of General Counsel and outside experts engaged to review best practices and assist the Title IX Office in the revision of Baylor’s Title IX Policy.
  • This policy will reflect the most recent guidance from the Department of Education’s Office of Civil Rights.
  • V.3. Revise the Title IX policy appeals process.
  • Office of General Counsel and outside experts engaged to review best practices and assist the Title IX Office in the revision of Baylor’s Title IX Policy.
  • This policy will reflect the most recent guidance from the Department of Education’s Office of Civil Rights.
  • V.4. Revise the Title IX policy to ensure that both parties may be present for, or otherwise participate in, the other party’s presentation to adjudicator.
  • Office of General Counsel and outside experts engaged to review best practices and assist the Title IX Office in the revision of Baylor’s Title IX Policy.
  • This policy will reflect the most recent guidance from the Department of Education’s Office of Civil Rights.
  • V.5. Revise policies, procedures, and practices to ensure consistent access to interim remedial measures and consistent use, as appropriate, of interim protective measures.
  • Office of General Counsel and outside experts engaged to review best practices and assist the Title IX Office in the revision of Baylor’s Title IX Policy.
  • This policy will reflect the most recent guidance from the Department of Education’s Office of Civil Rights.
  • V.6. Review policy regarding informal resolution process.
  • Office of General Counsel and outside experts engaged to review best practices and assist the Title IX Office in the revision of Baylor’s Title IX Policy.
  • This policy will reflect the most recent guidance from the Department of Education’s Office of Civil Rights.
  • V.7. Commit to conducting an annual review and assessment of Title IX policies, procedures, and practices to incorporate changes in the law and lessons learned from the current year (through student and administrator input).
  • Office of General Counsel and outside experts engaged to review best practices and assist the Title IX Office in the revision of Baylor’s Title IX Policy.
  • The new policy will include procedures for annual review and assessment of Title IX Office.
  • VI. Centralized Reporting and Resolution of Reports
    RecommendationsOur Progress
    VI.1. Ensure that relevant policies, procedures, and protocols clearly outline all Title IX, Clery, and any other reporting responsibility (e.g., mandatory child abuse reporting).Revising Title IX Policy, and updating Title IX Reporting. Developed marketing campaign for Fall 2016 roll-out.
    VI.2. Provide training and annual updates for clear implementation of reporting responsibilities and centralized reporting expectations.Updated Online Training programs for student, staff, and faculty in both Canvas and Compass. Launched 2016-2017 Title IX Training on November 8, 2016 for all Students. Supplemental training under development for HR, Athletics Department and Student Life. Athletics Department trained coaches and athletics staff on use of a web-based, authenticated reporting form for student conduct issues. Measure provides an immediate solution to capture, record, and integrate athletic reports into the current systems. Residence Hall Directors trained 155 student staff during individual staff meetings at various times during the semester on reporting responsibilities.
    VI.3. Ensure accountability for all failures to report by University employees. Amend “for cause” language in all prospective contracts to specifically include the failure to report misconduct as required by policy or law. Make clear in existing policies that violation of reporting obligations could be cause for discharge.University launched required training for all responsible employees beginning September 1, 2015.
  • Title IX policy updates will include specific "for cause" language. All prospective contractual language to contain "for cause" language specific to consequences for failure to report.
  • Developed a Student-Athlete Misconduct Reporting policy that mandates reporting for all employees. Revised Athletics Department policy mandates reporting for all employees. Chief Compliance Officer to oversee updating of policies.
  • VI.4. Ensure that all reports of sexual or gender-based harassment or violence or other forms of interpersonal violence are reported to the Title IX office.Revising Title IX Policy, and updating Title IX Reporting. Launched marketing campaign for Fall 2016. Additional Title IX training for department leaders regarding reporting requirement.
    VI.5. Ensure that all reports of sexual or gender-based harassment or violence or other forms of interpersonal violence are evaluated under the Title IX policy.Revising Title IX Policy, and updating Title IX Reporting. Launched marketing campaign for Fall 2016; policy will include more robust language that specifically outlines the evaluation process.
    VI.6. Develop a centralized system for all reporting and a database and protocols for consistent record-keeping.Licensed and implemented cloud-based software product, Symplicity Advocate GME, for unified case management of complaints and grievance reports for the Title IX Office and HR. As of June 15, 2016, the software system is being utilized by the Title IX Office and HR. A Title IX portal for online and anonymous reporting (www.baylor.edu/titleix) is publicly available.

    Symplicity Advocate case management software was implemented as a centralized reporting mechanism to capture and manage information related to Student Life and includes modules for Student Conduct, Campus Living & Learning, Student Organizations and Student Care (students of concern), and Title IX.

    Launched "Report It" website (www.baylor.edu/reportit), which provides resources and a central mechanism for faculty, staff, students and others to report violations of University policy, troubling behavior or criminal activity to the appropriate authorities.

    Athletics Department personnel will utilize a centralized web-based form to capture and report student-athlete misconduct.

    Title IX Coordinator will have access to a Title IX module within the centralized Student Life instance of Symplicity. This will facilitate cross-departmental communication and transfer of cases related to Title IX .

    A senior administrator from Student Life, serving as a member of the Threat Assessment Group, will have the access to view all Student Life modules in order to identify behavioral trends.

    The Baylor University Police Department (BUPD) will utilize Symplicity to coordinate information sharing with the Title IX Coordinator and the Student Conduct Administration.
    VII. Resources and Support (Counseling and Advocacy)
    RecommendationsOur Progress
    VII.1. Expand resources and support functions to augment the steps taken by the Board of Regents in February 2016.
  • Counseling Center will effectively double in size from 10.5 FTE to 20.5 FTE clinical staff with the addition of 2 administrative staff and 2 doctoral interns. Clinical staff expansion includes 2 trauma recovery specialists, an eating disorder specialist, and a Dialectical Behavioral Therapist. Physical expansion of space.
  • Four additional psychologist, one psychologist and trauma recovery specialist, one staff clinician and trauma recovery specialist, and one addictive behavior specialist hired. Psychiatry expansion to ensure capacity to provide integrated behavioral health support for those persons in need of pharmacological support for mental health problems. In the process of hiring one mental health appointment associate, administrative associate, initial assessment counselor, student advocate position, and associate director position. Evening hours added to accommodate student schedules. "Let's Talk Consultation Program" added to allow Counseling Center Staff to be stationed each week in the Graduate School, Law School, and Athletics Department offering brief consultation to students. Counseling Center has developed a new online therapy service called Therapist Assisted Online (TAO).
  • An additional Chaplain will be added Spiritual Life to provide adequate support to students.
  • After-Hours Crisis Hotline (24-hour) is live and fully-operational.
  • Trauma-informed training for counseling staff conducted in August 2016.
  • Plans in place for one victim-advocate to be added to the staff November 14, 2016. Position will be assigned to the Counseling Center, and the victim-advocate will be confidential.
  • Session limits and co-pays for students utilizing the Counseling Center have been eliminated.
  • Baylor University is developing a Memorandum of Understanding with the Advocacy Center (local rape crisis center).
  • VII.2. Review whether additional resources are needed within student life, Title IX, counseling, or health service to provide an optimal level of care for victims. Add resources as soon as practicable if there are remaining gaps.
  • Counseling Center will effectively double in size from 10.5 FTE to 20.5 FTE clinical staff with the addition of 2 administrative staff and 2 doctoral interns. Clinical staff expansion includes 2 trauma recovery specialists, an eating disorder specialist, and a Dialectical Behavioral Therapist. Physical expansion of space.
  • Four additional psychologist, one psychologist and trauma recovery specialist, one staff clinician and trauma recovery specialist, and one addictive behavior specialist hired. Psychiatry expansion to ensure capacity to provide integrated behavioral health support for those persons in need of pharmacological support for mental health problems. In the process of hiring one mental health appointment associate, administrative associate, initial assessment counselor, student advocate position, and associate director position. Evening hours added to accommodate student schedules. "Let's Talk Consultation Program" added to allow Counseling Center Staff to be stationed each week in the Graduate School, Law School, and Athletics Department offering brief consultation to students. Counseling Center has developed a new online therapy service called Therapist Assisted Online (TAO).
  • An additional Chaplain will be added Spiritual Life to provide adequate support to students.
  • After-Hours Crisis Hotline (24-hour) is live and fully-operational.
  • Trauma-informed training for counseling staff conducted in August 2016.
  • Plans in place for one victim-advocate to be added to the staff November 14, 2016. Position will be assigned to the Counseling Center, and the victim-advocate will be confidential.
  • Session limits and co-pays for students utilizing the Counseling Center have been eliminated.
  • Baylor University is developing a Memorandum of Understanding with the Advocacy Center (local rape crisis center).
  • VII.3. Confirm availability of after-hours crisis hotline.
  • After-Hours Crisis Hotline (24-hour) is live and fully-operational.
  • VII.4. Ensure counseling resources currently provided to students adequately address their needs.
  • Counseling Center will effectively double in size from 10.5 FTE to 20.5 FTE clinical staff with the addition of 2 administrative staff and 2 doctoral interns. Clinical staff expansion will include 2 trauma recovery specialists, an eating disorder specialist, and a Dialectical Behavioral Therapist. Physical expansion of space.
  • Session limits and co-pays for students utilizing the Counseling Center have been eliminated.
  • VII.5. Ensure that what is communicated to students in need who present to the counseling center is caring and helpful.Trauma-informed training for counseling staff completed in August 2016. Procedure in place for enhanced follow-up with students who are referred to other treatment providers to support continuity of care.
    VII.6. Ensure there is adequate space for the counseling center.Mobile offices outside the current Health Center location have been added to accommodate additional staff. Counseling Center will have 2 locations 1) Current location in SLC, and 2) Location in Dutton Garage office space. Long-term plan includes development of a new integrated Health Center in which all counseling staff are housed in one location.
    VII.7. Ensure that information about the range of interim measures is widely disseminated and accessible to all community members.Information is disseminated during every training, available at the Title IX Office, and updated on website.
    VII.8. Train all implementers to effectively communicate availability of resources, interim measures, and all process options. Develop and provide a written resource guide and process chart.Information is disseminated during every training, available at the Title IX Office, and updated on website. Periodic and continuous training of implementers throughout the year, including trainings by trauma treatment experts for clinical staff in the counseling center.
    VII.9. Provide dedicated victim-advocacy services on campus through full-time confidential advocate or contracted services with community agencies.Beginning November 14, 2017, victim advocate will join the Counseling Center in Student Life Division to provide confidential victim advocacy to Baylor students. The University is working to develop a Memorandum of Understanding with the Advocacy Center (local rape crisis center).
    VIII. Training, Education, and Communication of Efforts
    RecommendationsOur Progress
    VIII.1. Designate one individual with oversight responsibility for coordination and review of all University training and educational programming related to and required by Title IX, Clery and VAWA.Hired a Title IX Training and Prevention Coordinator to develop and deliver training to the University. Reviewing existing and open human resources staff position to coordinate and review all University training related to and required by Title IX, Clery, and VAWA.
    VIII.2. Consider integrated multi-disciplinary programming to address issues of sexual and gender-based harassment and violence, gender equity, tolerance, diversity, inclusion, intersectionality, alcohol and substance abuse, consent, social media, bullying and hazing, classism, racism, and other issues that impact campus culture and the development and education of students.
  • Matrix created of all annual training/relative programming required by federal/state law and guidance for all community members and implementers.
  • Assessment underway for new University Director of Training position to assure annual education and training consistent with federal/state law for all community members and implementers.
  • New Director of Training will work closely with Title IX staff, HR, and OGC to ensure compliance.
  • New Director of Training will work with Marketing and Communication to ensure effective communication with Baylor community.
  • VIII.3. Until further study demonstrates otherwise, continue to prioritize annual education and training consistent with federal law and guidance for all community members and implementers, including:

    Students – undergraduate and graduate
  • All student groups
  • Fraternities and sororities
  • Athletes
    Administration and Staff
    All athletics personnel including coaches
  • Baylor Police
  • Faculty
  • Student Affairs/Student Conduct
  • Title IX Staff
  • Counseling
  • General Counsel
  • Executive Leadership
    Board
    Alumni
  • Title IX Implementation Team provided assessment of annual training and relative programming required by federal and state law and guidance for all community members and implementers. Working to generate semi-annual report to assure annual education and training is being delivered and assessed as consistent with federal and state law for all community members and implementers. Launched 2016-2017 Online Title IX Training on November 8, 2016 for all Students.
    VIII.4. Ensure that all implementers, investigators and adjudicators have trauma-informed training.Trauma-informed training for counseling staff conducted August 2016. Semi-annual report will document which implementers, investigators, and adjudicators have trauma-informed training, and ensure that all relevant personnel have received the appropriate training.
    VIII.5. Ensure that all training is informed by effective practices and experienced practitioners and is consistent with Baylor University’s mission and values.Chief Compliance Officer to have oversight responsibility for coordination and review of all University and educational programming related to and required by Title IX, Clery, VAWA and other related areas. Outside experts contracted to provide consultation and review of upcoming training and education. Launched 2016-2017 Online Title IX Training on November 8, 2016 for all Students and accessible through user-friendly centralized website. The course includes interactive activities, scenarios and videos around healthy and abusive relationships, terminology, cyberstalking, consent, acquaintance assault, rape culture and myths, victim blaming, coercion, bystander intervention, Title IX and understanding reactions to trauma.
    VIII.6. Communicate all efforts (training, education, policies, procedures, reporting options, resources, and programs) through a user-friendly centralized website and other ongoing and effective means.
  • Title IX Coordinator works with Marketing and Communication to plan and implement effective communication. Launched 2016-2017 Online Title IX Training on November 8, 2016 for all Students and accessible through user-friendly centralized website.
  • IX. Culture and Climate
    RecommendationsOur Progress
    IX.1. Conduct appropriate climate surveys or assessments to evaluate the effectiveness of campus procedures, identify challenges in the current campus climate that affect the educational or employment environment or create barriers to reporting, and test for prevalence.
  • Sexual Assault Misconduct Survey Task Force formed in January 2015 by the Title IX Office under the direction of the Title IX Coordinator . Culture and Climate Implementation Team led by Professor Andrea Dixon is conducting preliminary qualitative research among students/faculty/ staff to explore constructs for survey work, and considering strategies to evaluate the role of alcohol or other drugs on campus and the efficacy of existing policies.
  • Developed a model and delivery style for a campus climate survey to evaluate the effectiveness of campus procedures and identify challenges in the current campus climate that affect the educational environment or create barriers to reporting, and test for prevalence.
  • Collaboration with Student Government leadership and Baylor University’s Department of Institutional Research to ensure compliance with University Survey Coordinating policies.
  • IX.2. Use the results of the climate survey to inform institutional priorities and educational programming.Conducting preliminary qualitative research among students/faculty/ staff to explore constructs for survey work, and considering strategies to evaluate the role of alcohol or other drugs on campus and the efficacy of existing policies.
    IX.3. Evaluate the role of alcohol or other drugs on campus and the efficacy of existing alcohol or other drug policies.Conducting preliminary qualitative research among students/faculty/ staff to explore constructs for survey work, and considering strategies to evaluate the role of alcohol or other drugs on campus and the efficacy of existing policies.
    IX.4. Design and conduct a campus campaign to provide a visible platform for candid discussion about consent, alcohol or other drug use, common victim-blaming myths, and barriers to reporting (including the University’s amnesty policy).Collaborating with the University’s Marketing and Communications Division to develop a strategic communications plan to support the Title IX Climate Survey implementation.
    IX.5. Develop and implement a sustained campaign to keep institutional and community focus on Baylor’s commitment to the prevention of sexual and gender-based harassment and violence.Action Items will be based on qualitative research and survey results.
    IX.6. Collaborate with the University’s Marketing and Communications personnel to develop an intentional and strategic plan to implement the campaign, identify branding, design visual content, and consider the effectiveness of forms of delivery, including web content, written materials, posters, and other formats.Collaborating with the University’s Marketing and Communications Division to develop a strategic communications plan for reporting Title IX progress to the Baylor family.
    IX.7. Prioritize student engagement. Seek mechanisms to incorporate student input through student leaders, open forums and individual engagement from current and former students.Title IX survey will include undergraduate and graduate student perceptions. Culture and Climate survey will include staff, faculty, and student perceptions.
    X. Athletics Department
    RecommendationsOur Progress
    X.1. Create and maintain culture of high moral standards, enforcement, and discipline. Review, revise, and reinforce the expectation of a culture of high moral standards and discipline from coaches and staff to players.Athletics Director hired to enforce commitment to high moral standards, enforcement, and discipline. President and Athletics Director will annually meet with all coaches, Athletic Department staff and student-athletes from each team to reinforce the expectation of a culture of high moral standards, enforcement, and discipline. Chief Compliance Officer to review documentation of meetings and report compliance to Board of Regents.
    X.2. Communicate findings to senior leadership and relevant athletic administrators regarding response failures in Athletics DepartmentFindings communicated to Director of Athletics. Developing mechanism to identify response failures in athletics, and monitor and document athlete misconduct. External reporting to President, Chief Operating Officer, and Athletic Director.
    X.3. Identify leadership to set a tone from the top regarding Title IX compliance, attention to student welfare, and reporting obligations.Identified Interim President David Garland, Chief Operating Officer, and Chief Compliance Officer, and Athletics Director Mack Rhoads. Deputy AD and other Associate Athletics Directors serve on Sexual Assault Task Force.
    X.4. Consider appropriate disciplinary response for employee misconduct or employee failure to respond to several reported allegations of misconduct by football players.Removed appropriate leadership and employees within Athletics Department.
    X.5. Charge the Board audit committee with ensuring and monitoring appropriate oversight of Athletics Department and Athletic Director by the President or other senior administration.Charged Audit and Compliance Committee of the Board of Regents. See November 9, 2016 Announcement to establish a new Governance Review Task Force that will review and recommend improvements in the Board’s practices, procedures and selection process. You can find the full Governance Review Task Force announcement and an Oct. 4 update memo outlining progress on implementation of the Pepper Hamilton Recommendations at www.baylor.edu/thefacts/.
    X.6. Through an appropriate board committee, ensure that the President and the Athletics Director have appropriate authority over department personnel.Charged Audit and Compliance Committee of the Board of Regents. See November 9, 2016 Announcement to establish a new Governance Review Task Force that will review and recommend improvements in the Board’s practices, procedures and selection process. You can find the full Governance Review Task Force announcement and an Oct. 4 update memo outlining progress on implementation of the Pepper Hamilton Recommendations at www.baylor.edu/thefacts/.
    X.7. Consistent with employment contracts, train and educate coaches about the need to remain with appropriate reporting protocols and lines of communication when addressing members of Board of Regents.Governance and Compensation Committee of the Board of Regents to monitor and address Board communication. Athletic Director is responsible for training, monitoring, and reporting communications by coaches with members of the Board of Regents. Standard language created within Employment Contracts that define appropriate reporting protocols.
    X.8. Ensure that all athletics personnel receive specific, extended, targeted, ongoing, and annual training regarding Title IX obligations and responsibilities, including an understanding of the risks attendant to Title IX issues.Title IX Office conducted specific, targeted training for athletics staff on June 21, June 30, and July 14. Follow-up question and answer sessions will continue with athletics program staff.
    X.9. Educate athletics personnel about individual student safety risks as well as risks to the program and the university community.Title IX Office conducted specific, targeted training for athletics staff on June 21, June 30, and July 14. Follow-up question and answer sessions will continue with athletics program staff. Pepper Hamilton provided Title IX Training to cross-campus partners, including Athletics, Student Life, and Student Conduct Administrators.
    X.10. Build opportunities for athletics personnel to integrate and develop relationships with non-athletics personnel.Created list of active involvement/committees by athletics staff with other campus areas. Annual evaluation of need and opportunities for building relationships; Athletics Department, BUPD, Title IX, Student Conduct Administration working to develop additional opportunities to engage staffs and enhance communications.
    X.11. Develop and implement a new drug testing policy. This policy should follow the standard of informed practices among peer institutions.
  • Developed a student-athlete drug-testing program that promotes student-athlete compliance with all University, Big 12 Conference, and NCAA policies and procedures on drugs, and requires counseling services for student-athletes who may be dependent upon illegal drugs or who are using drugs illegally or in violation of Baylor’s rules.
  • Contracted with Aegis Sciences Corporation, an independent testing agency. Aegis is the testing agency for the Big 12, MLB Players Association, NFL Players Association and NASCAR.
  • Tests will detects drugs at lower thresholds and for longer periods of time, and will be more resistant to adulteration.
  • Testing began October 2016.
  • X.12. Educate athletics personnel on reporting policies/protocols to ensure immediate sharing of information with the Title IX coordinator and student conduct as required by policy.Title IX Office conducted specific, targeted training for athletics staff on June 21, June 30, and July 14. Conducted training athletics staff on use of a web-based, authenticated reporting form for student athlete conduct-related issues. The form provides an immediate solution to capture, record, and integrate athletic reports into the current system.
    X.13. Establish clear policies and protocols for all Athletic Department staff when students are accused of misconduct in violation of University policy.
    a. Clear documentation protocols for athlete misconduct
    b. Clear reporting protocol
    - To Head Coach and Athletic Director
    - To Title IX Coordinator
    - To Judicial Affairs
    Office of General Counsel and outside experts assisted University administrators in the review of best practices and development of a Student-Athlete Misconduct Policy and Employee Reporting Protocol. Created an immediate solution to capture, record, and integrate athletic reports into the current system.
    X.14. Establish clear disciplinary consequences for personnel who fail to follow reporting and documentation protocols.Office of General Counsel and outside experts assisted University administrators in the review of best practices and development of a Student-Athlete Misconduct Policy and Employee Reporting Protocol. Employee Reporting Protocol outlines the disciplinary consequences for failure to report; includes failure to follow reporting and documentation protocols in employment contracts; identified and communicated department positions that are designated Campus Security Authorities; all new employees receive reporting protocol within Department orientation of new employees. Conducted training athletics staff on use of a web-based, authenticated reporting form for student athlete conduct-related issues
    X.15. Expand athletics compliance function to capture and monitor athlete misconduct. Consider independent athletics compliance oversight (i.e. Chief Compliance Officer) with dual reporting lines to the President and an appropriate board committee.Office of General Counsel and outside experts assisted University administrators in the review of best practices and development of a Student-Athlete Misconduct Policy and Employee Reporting Protocol. Chief Compliance Officer to oversee active controls and monitoring of student-athlete misconduct to ensure that responses are consistent with University polices and departmental rules.
    X.16. Review and revise transfer policies and protocols to ensure due diligence is exercised in the screening of transfer candidates. Consider Big 12 and national best practices when implementing a protocol that will consider, at a minimum, criminal history, college disciplinary history, and character referencesTransfer policy review complete; revision of transfer policy and protocol is underway. A working group formed to improve upon existing measures that are consistent with Power 5 best practices and a recent Big 12 policy adoption requiring schools to exercise due diligence to identify and address serious misconduct issues involving current and prospective student athletes.
    X.17. Establish policy and practice for consistent evaluation of any recruit with some level of past legal or disciplinary conduct issue, including the review of the known information by compliance professionals outside of the Athletics Department, and as appropriate, external to the University.Recruitment policy review complete; revision of recruitment policy and protocol is underway. A working group formed to improve upon existing measures that are consistent with Power 5 best practices and a recent Big 12 policy adoption requiring schools to exercise due diligence to identify and address serious misconduct issues involving current and prospective student athletes.
    X.18. Formalize team and departmental policies regarding team suspension or dismissal with respect to arrest and or student conduct investigation.Student Athlete Handbook, including the arrest policy, reviewed and updated. Student Athlete Handbook, including the arrest policy, reviewed and updated. New student-athlete policy distributed. Created misconduct protocol to include processes for student and athlete privilege sanctions.
    X.19. Consider a software solution for reporting, documenting, and sharing of information.Launched "Report It" website (www.baylor.edu/reportit), which provides resources and a central mechanism for faculty, staff, students and others to report violations of University policy, troubling behavior or criminal activity to the appropriate authorities.

    Athletics Department personnel will utilize a centralized web-based form to capture and report student-athlete misconduct.
    X.20. Annually review all cases of athletes accused of misconduct to ensure that responses are consistent with applicable policies and procedures for all Baylor student misconduct.Developing a case review team, which shall meet quarterly, to review all cases of student-athlete misconduct to ensure that responses are consistent with University polices and departmental rules. The case review team will ensure compliance with Student-Athlete Misconduct Policy and Employee Reporting Protocol.
    XI. Baylor University Police Department
    RecommendationsOur Progress
    XI.1. Develop policies, procedures, and protocols to integrate federal, state, and local laws with trauma-informed responses to all forms of sexual and gender-based harassment, violence, interpersonal violence, and stalking.Baylor University Police Department (BUPD) is studying best practices from other universities and will use this information to develop a new policy for Baylor. The University of Texas at Austin Institute on Domestic Violence & Sexual Assault has conducted a comprehensive study to identify best practices for campus law enforcement in its response to sexual assaults on campus. We are utilizing this as well as the University of Montana policy to develop a new policy for BUPD. Outside consultants are also assisting in the assembly and review of the policy. BUPD to provide Victim Advocates (VA) to assist complainants in navigating the criminal justice process. (Note: Crime Victim Liaisons are different from VAs. Crime Victim Liaisons assist complainants in accessing benefits afforded to them by the Texas Crime Victimization Program.)
    XI.2. Identify informed training programs to support BUPD in the effective implementation of Title IX, Clery, and all other federal, state and local laws.Established new mandatory in-service training for all Baylor University Police Department (BUPD) personnel that covers the following topics: Title IX obligations, victim-centered and trauma-informed interpersonal violence investigations, victim-centered interviewing and forensic interviewing for adults and juvenile victims, trauma-informed sexual assault investigation and adjudication. All BUPD investigators will continue to attend Texas Sexual Assault Family Violence Investigators Certification Course. Threat assessment training scheduled for key implementers, including BUPD, Counseling Center, Title IX Office, and Student Life.
    XI.3. Annually review training, personnel, and policy needs.Every January, Baylor University Police Department (BUPD) completes an assessment to determine the effectiveness of training, its policies, and personnel needs. Outside experts will assist in identifying all training needs and assembling a training matrix.
    XI.4. Develop systems to consistently coordinate information sharing with Title IX and Student Conduct personnel. Consider use of available technology.The Baylor University Police Department (BUPD) will utilize Symplicity to coordinate information sharing with the Title IX Coordinator and the Student Conduct Administration. BUPD will continue to participate in weekly Title IX case management meetings, interview with Title IX and SCA investigators, testify in all Title IX adjudication and SCA hearings, and work with external criminal justice agencies to establish direct access for Title IX staff.
    XII. Community Partnerships
    RecommendationsOur Progress
    XII.1. Meet with local law enforcement and prosecuting authorities to review and update the memorandum of understanding that outlines the coordination of responsibilities between internal and external law enforcement agencies consistent with the proper implementation of Title IX, Clery and VAWA.Office of General Counsel and City Manager collaborating and working to improve existing Memorandum of Understanding.
    XII.2. Revisit protocol for sharing of information between Waco Police Department and Baylor University Police Department.Waco Police Department (WPD), Baylor Clery Coordinator, and BUPD to receive and review Daily Crime logs. Exploring electronic means to share data between WPD, McLennan County Sheriff's Office and BUPD. BUPD is identifying a liaison to work daily with WPD Special Victims Unit, and conduct joint investigations of off-campus incidents involving Baylor-affiliated individuals.
    XII.3. Identify and develop partnerships with external advocacy organizations.Advocacy Center of McLennan County and other local advocacy groups invited to BUPD Field Training Programs and sexual violence training for new personnel.
    XII.4. Identify appropriate campus and community supports for respondents.Resources for support identified and published in Title IX brochures and online.
    XII.5. Work with local governmental entities and area non-profits in an effort to develop a Waco-area Sexual Assault Response Team (SART).Waco-area Sexual Assault Response Team (SART) established and based in the Advocacy Center in Waco. BUPD participates in McLennan County SART. Consultant retained to review BUPD sexual assault cases every quarter to ensure proper protocol and best practices have been followed.
    XIII. Clery Act Compliance
    RecommendationsOur Progress
    XIII.1. Update Clery analysis and assess reporting obligations based on Pepper Hamilton findings.
  • Baylor reviewing past reporting protocols and statistics.
  • Identified and trained over 600 employees designated at Campus Security Authorities (CSA) to reinforce reporting obligations.