Compliance Updates

Important news and developments

Rescission of Policy Protecting Transgender Employees


On October 4, 2017, the U.S. Department of Justice issued a memorandum rescinding a previous policy that prohibited employment discrimination on the basis of gender identity.  This policy change indicates a change in DOJ's approach in terms of whether and how transgender employees will be protected from discrimination or harassment under Title VII of the Civil Rights Act of 1964.  

W&M policy remains unchanged: it prohibits discrimination on the basis of gender identity or gender expression as well as any other "irrelevant personal factor."  To learn more, visit W&M's LGBTQ website.

 



Title IX Guidance Change

In September, 2017, the Office of Civil Rights of the U.S. Department of Education (OCR), which enforces Title IX, rescinded prior regulatory guidance (the 2011 Dear Colleague Letter) and issued new, interim guidance.  These actions relate to university's obligations to prevent and respond to sexual violence affecting students.  The change reflects a shift in focus from the civil rights of students reported to have experienced sexual violence; the new guidance is focused also on the due process rights of students reported to have engaged in sexual violence.  

The university has reviewed the new, interim guidance and is not making significant changes to its policies and procedures at this time. 

OCR has not indicated when the proposal for permanent (non-interim) guidance will be made, but has indicated that they will seek public comment. 

To learn more, several law firms and media outlets have published summaries and articles:
http://www.franczek.com/frontcenter-OCR_Title_IX_Withdraws_Obama.html 

https://www.insidehighered.com/news/2017/09/25/education-department-releases-interim-directions-title-ix-compliance  


Compliance Curriculum - for new hires
 
 

New faculty and staff are now receiving an introduction to W&M's Compliance and Ethics program through Cornerstone (the new HR system also used for performance management).  The introduction is in the form of a "Compliance Curriculum" and includes information on key policies and procedures.  New hires are also assigned the training course that covers sexual harassment, sexual assault, relationship violence, and stalking.  For more information, visit the Haven training website.  

This site last updated October 2017