Sept. 3-8, 2019

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Is it enough?

Title IX Office makes new hires, but some say OU needs to do more JANA ALLEN @jana_allen21

Amid recent criticism of OU’s Title IX reporting systems, the university’s Institutional Equity Office has announced new hires and increased training with the aim of restor ing community trust. But some say this won’t be nearly enough to fix the extensive problems within the office. The new hires include an intake coordinator, who would be the first contact a sexual misconduct victim has with the office, and a new equal opportunity investigator. Faith Ferber, a campus organizer with Know Your IX, said ideally OU should hire another Title IX coordinator to help oversee the office. The Institutional Equity Office received more than 300 reports in the past 12 months, according to an August press release, and the number increases every year. OU employs Bobby Mason as both its equal opportunity officer and Title IX coordinator, and Larry Naifeh as both associate athletic director and associate Title IX coordinator. Ferber said Naifeh’s positions with both the university’s athletics department and Title IX could be a potential conflict of interest. She also said having another Title IX coordinator could help make the entire process go more smoothly. While the Department of Education only requires universities to employ one Title IX coordinator, Ferber said some student activists have proposed having one Title IX coordinator per 2,000 students. “Now, that doesn’t happen,” Ferber said. “ That would be

a lot of Title IX coordinators. Most schools have one, maybe two. But it also depends on the demand.” Another common concern with Title IX offices across the nation arises when a Title IX coordinator is not in possession of a law degree, Ferber said. “If your Title IX coordinators or your sexual misconduct officers don’t have those degrees, I would definitely want to find out more about what kind of training and expertise they have to be handling those kinds of cases,” Ferber said. Mason spent 20 years in the U.S. Navy, received a bachelor’s in human resources from S outhwestern College and a master’s in management from Webster University, according to his LinkedIn profile. Of those credentials, Ferber said she sees an extensive military background as a red flag. The militar y has a histor y of “sweeping sexual violence under the rug,” Ferber said, and that she would worry someone coming from that background may not be completely unbiased. “My other concern is, when y o u h av e s o m e o n e w h o’s i n charge of Title IX who is focusing on HR, that means that their primary concern is avoiding bad press for the school — it doesn’t mean that their primary concern is keeping students safe,” Ferber said. In an interview with The Daily Aug. 8, Mason said the office is always trying to improve. “We are constantly monitoring our policies and procedures for best practices and areas of i m p rov e m e n t ,” Ma s o n s a i d . “We monitor everything we do, we track things that we do and

work with an outside consultant. We’ll continue to work with the administration to address any issues.” The Daily reached out to Mason and the university for more details on Friday evening, but OU Public Affairs said they could not comment by the time of publication due to Labor Day on Monday.

“Because of this legacy of controversy and distrust plaguing Title IX, a huge number of students, faculty and staff don’t feel safe, and aren’t safe, to report things to Title IX.” JESS EDDY, FORMER OU STUDENT

Jess Eddy, a previous OU student who accused former OU President David Boren of sexual misconduct, said he believes the announcement of the new hires was “tone deaf and not responsive to the concerns of victims.”

Victims have not asked for more employees but instead want policy reform, Eddy said. One instance in which Eddy, who is also an Oklahoma City University law student, feels the office is making a mistake is the close relationship between i t a n d t h e O f f i c e o f G e n e ra l Counsel, two offices with inherently different goals. One office is in place to protect students, faculty and staff from discrimination; the other to protect the university from risk of litigation. Eddy said Mason told him he “works very closely” with OU’s General Counsel Anil Gollahalli. This hinders the office’s ability to remain an unbiased third party, Eddy said. Title IX should conduct its investigation, and only when finished should it go to general counsel, human resources, student affairs or the provost’s office, Eddy said. “Those entities are all being brought in from the get-go ... and that has resulted in this sense of betrayal of trust among the university community,” Eddy said. “Because of this legacy of controversy and distrust plaguing Title IX, a huge number of students, faculty and staff don’t feel safe, and aren’t safe, to report things to Title IX.” In the Obama administration’s Title IX Resource Guide, working closely with legal counsel and administrators was encouraged. “Because Title IX prohibits discrimination in all aspects of a recipient’s education programs and activities, the Title IX coordinator should work closely with many different members of the school community, such as administrators, counselors, athletic directors, non-professional

counselors or advocates, and legal counsel,” the April 2015 guide reads. The Trump administration has rendered any Obama-era Title IX guidance void, but it is unclear what the Department of Education under Trump has to say about Title IX and legal counsel. Levi Hilliard, a university employee who accused former vice president of university development Tripp Hall of sexual misconduct, said he believes the Title IX office is “built to fail” due to its structure as an outlet of the university it is meant to investigate. However, that is the precise requirement for universities from the Department of Education — to employ a Title IX coordinator to keep the institution in line with the Title IX law. Hilliard said he would like to see something different, perhaps an office through the state or federal government, to eliminate the possible conflict of interest that exists now. “I think there should be a complete divorce between Title IX and the University of Oklahoma,” Hilliard said. “I think that would be a good starting point in re-establishing confidence from the OU community that this is a body that they can go to ... to be able to hold individuals on the university campus accountable.” I n t e r i m O U P re s i d e n t Jo e Harroz told The Daily June 27 that the Title IX office was under review. It’s not clear if the review is over or if the new hires and suggested training were the only

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