105 implementations simplified

Rewon Shimray | Cartoonist

Baylor released a document on Friday explaining the ways it has implemented Pepper Hamilton’s 105 recommendations. The Lariat staff broke down these explanations to make them easier to understand. The Pepper Hamilton recommendations are listed in bold, followed by the simplified explanations.

I. Broad Recommendations

1. Establish Title IX obligations as an institutional priority.

Baylor’s BoR adopted Pepper Hamilton’s recommendations and instructed university administration to implement the recommendations as soon as possible.

2. Take swift and certain action consistent with these recommendations.

The BoR announced the immediate removal of Ken Starr as President and named Dr. David Garland as Interim President. Head football coach Art Briles was immediately suspended and left one month later. Athletic Director Ian McCaw resigned after being placed on probation.

The Board created two action-driven task forces in response to the 105 Recommendations, the Sexual Assault Task Force and Spiritual Life and Character Formation Task Force.

3. Offer institutional and personal apologies and appropriate remedies.

BoR members and senior administrators met with complainants and their families to apologize and try to offer remedies.

4. Consider necessary personnel action for accountability and effective implementation of Title IX.

Dr. Linda Livingstone appointed Kristy J. Orr as the university’s Board Professional. Orr will facilitate communication that enhances effective Board operations.

5. Engage in measures that will instill a consistent institutional understanding of Title IX obligations.

The University appointed Doug Welch as the University’s first full-time Chief Compliance Officer (CCO). The CCO monitors compliance with Title IX, Clery and other federal and state regulations and reports directly to the president.

6. Take measures to ensure that the level of engagement by board members supports effective oversight of Title IX.

The newly created Compliance and Regulatory Affairs Committee will receive an annual report on Title IX functions.

7. Structure senior leadership to ensure appropriate and informed administrative oversight and effective implementation of Title IX and related compliance requirements.

On February 1, 2017, the Title IX Coordinator began reporting to the CCO.

8. Commit sufficient infrastructure and resources for effective Title IX implementation.

Baylor has invested more than $4 million dollars in new Title IX staff positions.

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.

Vice President of Athletics Mack Rhoades now oversees training programs to ensure coaches, staff and student-athletes maintain the culture of high moral standards, enforcement, and discipline. Rhoades has met with all coaches, non-coaching staff and student athletes to reinforce expectations.

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.

Rhoades now directly reports to the University President and the Regents no longer play a role in Athletics Department management. Five new positions were created to guide student-athlete character formation and academic development.

11. Make appropriate external reports to enforcement authorities.

Baylor self-reported the results of Pepper Hamilton’s investigation to the NCAA. Baylor also initiated a Clery program review and data audit and as a result, updated and revised its Clery statistics and provided the data to the U.S. Department of Education.

12. Consider the importance of forthright communication to the effective implementation of Title IX.

The Title IX Office implemented initiatives to make the office a highly visible and accessible resource on campus.

II. Restorative Remedies

13. Develop protocols to address the restorative and ongoing needs of victims of reported sexual assault between 2011 and 2015.

Law firm Cozen O’Connor conducted a review of past Title IX cases from 2011 to 2015 to determine any current concerns, need for support or additional investigative or restorative actions.

14. 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.

Baylor identified complainants from 2011 to 2015 who were still at Baylor or withdrew without graduating to offer support, and where requested, support and resources were provided. Thirty-four cases involved current students.

15. Conduct review of past cases from 2011 to 2015 to consider pattern, trends, climate.

Cozen O’Connor met on site with Title IX, Student Life and Student Conduct Administration representatives to confirm additional contacts, documentation of additional support, and ensure the Title IX Coordinator had all necessary information to consider trends that may inform ongoing prevention, training and remedial efforts.

16. 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

17. Identify victims who made reports, but later withdrew from Baylor, to understand if the withdrawal was connected to Title IX concerns.

With respect to recommendations No. 16 and No. 17, the report stated there were no identified complainants beside the 34 who required additional follow-up or support. The complainants either had already graduated, were anonymous, were not Baylor students or were involved with the university “through counsel in the context of legal process.”

III. Governance, Leadership, and Compliance

18. Resolve current governance issues at the Executive Council and board levels.

Regents received Board governance training at the July 2016 Board retreat. On Nov. 9, 2016, the Board announced the formation of the Governance Review Task Force.

19. 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)

On Oct. 4, 2016, a memorandum from the Board of Regents Governance and Compensation Committee reported that the new communications protocols were working.

20. Expand representation of departments on the Executive Council in order to integrate Title IX across university functions (e.g., human resources).

Cheryl Gochis, former director of human resources, was elevated to the role of vice president and chief human resources officer and President’s Council member.

21. 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.

As of February 1, 2017, the Title IX Coordinator reports directly to the Chief Compliance Officer Doug Welch, who reports directly to President Livingstone.

22. 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.

In October 2016, Baylor promoted Doug Welch to the newly- created position of Chief Compliance Officer (CCO).

23. Develop oversight system of checks and balances to recognize non-compliance and hold administrators accountable for failures to comply.

After May 2017, oversight responsibility of the Board of Regents shifted to the Compliance and Regulatory Affairs Committee. The Audit and Compliance Committee now receives quarterly updates from Title IX and Department of Athletics representatives.

24. 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.

Baylor added an additional full-time attorney to the Office of General Counsel, increasing the total number of legal counsel to six. Under Welch, the Office of Institutional Compliance and Policy (OICP) now employs six staff members and directly oversees NCAA/Athletics compliance.

25. 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.

On May 11, 2017, Smith and Gomez presented a training entitled, “Understanding Institutional Responses to Sexual and Gender-based Harassment and Violence.” Training included an overview of the regulatory framework under Title IX and Clery, the application of compliance requirements and information about effective practices to implement compliance requirements.

26. 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.

The Board’s Compliance and Regulatory Affairs Committee operates as the primary oversight committee.

27. Provide detailed periodic reports to the Board regarding the implementation of these recommendations.

The Audit and Compliance Committee of the Board received quarterly updates from the Director of Special Projects and Initiatives (the Project Manager for the Sexual Assault Task Force).

28. Provide detailed continuing quarterly reports to the Board on Student Conduct issues, Title IX compliance, and athletics compliance.

The Audit and Compliance Committee shares quarterly updates from Title IX Office and Department of Athletics with the Regents.

IV. Title IX Infrastructure, Resources and Internal Protocols

29. 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

In June 2016, Baylor promoted one of its full-time investigators to the position of Deputy Title IX Coordinator.

• Add prevention and education coordinator

In March 2016, the University added a dedicated Prevention and Training Specialist, Elizabeth Wellinghoff, whose full-time focus is developing and delivering training, intervention and prevention programming on sexual and gender-based harassment and violence.

• Evaluate current investigative functioning to ensure thorough, adequate, reliable investigations.

Pepper Hamilton reported that Baylor’s response to and support of students affected by Title IX violations “has radically improved” since the 2015 investigation.

• Assess the need for additional trained and experienced investigators (internal or external)

Baylor continues to “maintain a pool of trained and experienced external investigators and adjudicators who are available” when the number of cases exceed internal team capacity or when conflicts of interest arise.

• Provide trained and effective administrative support

In May 2017, the Title IX Office hired Christina Jeong as an Administrative Case Manager “to provide administrative support to the office’s interim measures program and hearing process.”

• 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.

Baylor began using a trained Review Panel “to serve as an important check and balance, to eliminate conflicts of interest, and to provide impartiality in the determination of sanctions after an investigative finding of responsibility.”

30. Restructure the Title IX office to improve the implementation of policy, procedure and practices:

• Develop specific intake protocol

“Initial Assessment” process includes evaluation of known facts and circumstance, balancing of complainant autonomy with campus safety considerations, measures to protect both complainant and campus community, compliance with Title IX, Clery and VAWA and identify Baylor’s appropriate response.

• Use case management approach to track and monitor interim measures and student success

As of January 2017, Baylor’s Title IX policy also articulates the validity of Interim Remedial and Protective Measures that work to preserve the complainant’s educational experience and protection throughout investigation process.

• Separate investigations from the provision of resources and support

Baylor’s Title IX team separated the investigative function from the provision of resources and support by adding a dedicated Case Manager who connects students with Baylor resources.

• Develop investigative templates and protocols for consistent documentation and evaluation

• Review internal operating protocols to assure compliance, consistency, and follow up on all reports

31. 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.

Baylor has developed multi-disciplinary partnerships across campus. Those partnerships help the work of the Title IX team and ensure coordination between Title IX and other related University functions and teams.

32. 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.

33. 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.

In regards to 32 and 33 The Title IX team now maintains a library of forms, tracking documents, and template communications that it uses to ensure thoroughness, accuracy, and the equitable provision of resources and remedies across cases.

34. 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.

Baylor has developed a centralized reporting system that is designed to direct all Title IX-related reports to the Title IX Office and other designated individuals.

35. 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.

Through the use of a complainant intake form and the pending automated intake Triage Form, the intake process has been formalized to take into consideration an individual complainant’s wishes and document known information to properly assess a complainant’s wishes.

36. 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.

37. Maintain appropriate documentation and records of all reports and steps taken to eliminate, prevent and address the effects of the prohibited conduct.

In regards to 36 and 37 the University, through its Title IX Coordinator and Title IX Office, now maintains a centralized record-keeping system that documents all reported incidents through a secure shared drive.

38. Review and revise protocols to incorporate patterns, trends and climate assessment for consistent broad remedy analysis and investigation of potential serial offenders.

The university has reviewed the process for investigating potential offenders.

39. Evaluate appropriateness and availability of facilities to effectively implement Title IX responsibilities.

Beginning in August 2016, the Title IX Office expanded into adjacent office space and underwent extensive renovations to support student safety, privacy, and comfort.

40. Explore the use of available technology for reporting, responding, and tracking cases.

To promote increased reporting and facilitate ease of access for campus constituents, Baylor has launched a central website for making reports of all kinds, including Title IX-related incidents and concerns.

V. Title IX Policy

41. 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

Baylor adopted a new Title IX policy on January 19, 2017 as the result of intensive multi-disciplinary efforts.

42. Revise Baylor’s Title IX policy to include a clear amnesty provision for violation of the Sexual Conduct Policy.

New policy includes leniency in drug and alcohol violations for students who are complainants or witnesses in connection with a Title IX report.

43. Revise the Title IX policy appeals process.

The January 2017 policy includes a revised appeals process.

44. 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.

New policy ensures all parties are present for Title IX investigations and proceedings.

45. Revise policies, procedures, and practices to ensure consistent access to interim remedial measures and consistent use, as appropriate, of interim protective measures.

New policies ensure temporary measures are applied uniformly and people are given equal access.

46. Review policy regarding informal resolution process.

The January 2017 Policy was revised to include an informal resolution process.

47. 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).

The annual review of the Title IX policy will evaluate the support and resources available, assess the resolution process, include opportunity for individual feedback and include an assessment of the effectiveness of the resolution and appeal process as well as of the policy, procedures and practices.

VI. Centralized Reporting and Resolution of Reports

48. Ensure that relevant policies, procedures, and protocols clearly outline all Title IX, Clery, and any other reporting responsibility (e.g., mandatory child abuse reporting).

With the exception of University employees designated as Confidential Resources, all other University employees, including faculty, instructors and staff, are required to report immediately any information they know about suspected prohibited conduct or potential violations of Title IX policies.

49. Provide training and annual updates for clear implementation of reporting responsibilities and centralized reporting expectations.

Necessary implementation steps have been taken. The goal is to ensure that a complainant is informed, in advance, about how information they choose to disclose with a University employee will be further shared.

50. 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.

Future employment contracts amended to include mandatory reporting clauses.

51. 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.

In February 2016, the Baylor Board of Regents approved an administrative action plan that reflects a commitment to ensure all incidents of interpersonal violence are reported.

52. 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.

In February 2016, the Baylor Board of Regents approved an administrative action plan that reflects a commitment to ensure all incidents of interpersonal violence are investigated promptly.

53. Develop a centralized system for all reporting and a database and protocols for consistent record-keeping.

A centralized database of student conduct information has been implemented across multiple departments.

VII. Resources and Support

54. Expand resources and support functions to augment the steps taken by the Board of Regents in February 2016.

The University has dedicated significant additional resources to these functional areas.

55. 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.

Baylor has expanded its Counseling Center staff and facilities to improve the support it provides students who need services. The entire clinical staff has received additional training on the best methods to providing treatment for students after a sexual assault or other traumatic event has occurred.

56. Confirm availability of after-hours crisis hotline.

The hotline is available 24 hours, and automatically connects the caller to a live representative.

57. Ensure counseling resources currently provided to students adequately address their needs.

The Board of Regents invested in hiring more counseling staff and provided “strong measures to immediately address the needs of students.”

58. Ensure that what is communicated to students in need who present to the counseling center is caring and helpful.

The entire clinical staff is required to complete training on how to treat students after a sexual assault or other traumatic event has occurred.

59. Ensure there is adequate space for the counseling center.

The staff more than doubled from 10.5 clinical full-time employees to 22.5. The ratio of clinical staff to students is 1 to 750, which exceeds recommended standards.

60. Ensure that information about the range of interim measures is widely disseminated and accessible to all community members.

Baylor’s January 2017 Policy includes a detailed discussion of interim measures to assist in evaluating and understanding the available resources.

61. 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.

Baylor has educated students about the persons on campus to whom they can confidentially report incidents of sexual violence.

62. Provide dedicated victim-advocacy services on campus through full-time confidential advocate or contracted services with community agencies.

Refer to recommendation 59.

VIII. Training, Education, and Communication of Efforts

63. 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.

Title IX Coordinator designated to oversee coordinator and review of Title IX training and education and some aspects of Clery. A Prevention and Training Specialist develops and delivers training, intervention and prevention programming on sexual and gender-based harassment and violence. Clery Compliance Office provides training for other Clery aspects.

64. 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.

The content of Workshop 1 included 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.

65. 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

Baylor is committed to ensuring adequate Title IX training for all students, faculty and staff on all campuses.

66. Ensure that all implementers, investigators and adjudicators have trauma-informed training.

All BUPD staff received training on sexual violence response and investigation, ensuring they are aware of and understand the new procedures and expectations.

67. Ensure that all training is informed by effective practices and experienced practitioners and is consistent with Baylor University’s mission and values.

Tom Tremblay, a retired Chief of Police from Burlington, Vermont, and the former Commissioner of the Vermont Department of Public Safety provided trauma-informed sexual assault related training. The Title IX Coordinator trained BUPD staff on trauma-informed communications, University protocol and policies.

68. Communicate all efforts (training, education, policies, procedures, reporting options, resources, and programs) through a user-friendly centralized website and other ongoing and effective means.

Baylor’s Our Commitment, Our Response contains copies of the BoR Findings of Fact and the 105 Recommendations, news and press releases and links to Title IX Office and Report It.

IX. Culture and Climate

69. 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.

Social Climate Survey conducted in spring 2017 to evaluate effectiveness of campus procedures and identify challenges in current campus climate.

70. Use the results of the climate survey to inform institutional priorities and educational programming.

Baylor publicly released results on Nov. 2, 2017.

71. Evaluate the role of alcohol or other drugs on campus and the efficacy of existing alcohol or other drug policies.

University has expanded alcohol and substance education and prevention programs to ensure students are aware of risks and informed about campus resources like the Beauchamp Addiction Recovery Center.

72. 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).

Baylor sponsored a weekly lecture series “Let’s Talk About It” featuring Baylor professors and administrators discussing sexual and gender-based harassment and violence in context of God, science and society.

73. 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.

Baylor developed a strategic communications plan to ensure students know how to report, training requirements and campus Title IX resources.

74. 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.

Title IX office collaborated with Marketing and Communications Department to communicate Title IX progress through electronic, print and multimedia resources.

75. Prioritize student engagement. Seek mechanisms to incorporate student input through student leaders, open forums and individual engagement from current and former students.

Mr. Rhoades was fully briefed on the failures within the athletics department and discusses these failures with key athletic administrators. Mr. Rhoades has reconstructed his leadership team with the hiring of three new senior level executives. Approximately, 90 new employees have been been hired since Mr. Rhoades’ arrival.

X. Athletics Department

76. 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.

Mr. Rhoades meets with the staff regularly, and expresses that employees will be terminated if they don’t report misconduct. Mr. Rhoades also is committed keeping student-athletes well-rounded and uses his staff meetings to share and discuss new policies, such as his “Preparing Champions for Life” philosophy.

77. Communicate findings to senior leadership and relevant athletic administrators regarding response failures in Athletics Department.

Mr. Rhoades has hired new employees and fired ones who have disobeyed the policies as necessary, and discussed response failures with key athletics administrators.

78. Identify leadership to set a tone from the top regarding Title IX compliance, attention to student welfare, and reporting obligations.

There has been a large turnover in staff and the Student-Athlete Handbook was updated and now includes new policies.

79. Consider appropriate disciplinary response for employee misconduct or employee failure to respond to several reported allegations of misconduct by football players.

All coaches must report concerns and problems to the athletic director, sports administrator, Title IX coordinator and, if necessary, the President of Baylor. All violation of this could result to discipline of the employee, up to and including termination.

80. Charge the Board audit committee with ensuring and monitoring appropriate oversight of Athletics Department and Athletic Director by the President or other senior administration.

The CCO monitors student-athlete violations and determined that misconduct for students and for student-athletes are about the same.

81. Through an appropriate board committee, ensure that the President and the Athletics Director have appropriate authority over department personnel.

President Livingstone is responsible for the athletics department and under her athletic director Mack Rhoades oversees and appoints an executive leadership team.

82. Consistent with employment coaches, train and educate coaches about the need to remain with appropriate reporting protocols and lines of communication when addressing members of Board of Regents.

Coaches received training on reporting protocols and lines of communication with respect to Regents.

83. 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.

The University provides Title IX training for all athletics personnel. Training will reinforce understanding of policies, responsibilities and risks. Coaches will also go through extensive training regarding communication with regents.

84. Educate athletics personnel about individual student safety risks as well as risks to the program and the university community.

All athletics staff received training from Title IX personnel.

85. Build opportunities for athletics personnel to integrate and develop relationships with non-athletics personnel.

The Title IX coordinator has implemented increased communication with and between all levels of the athletic department. She reports that the athletics department is very supportive of the initiative to prevent any further incidents.

86. Develop and implement a new drug testing policy. This policy should follow the standard of informed practices among peer institutions.

The Baylor University drug testing program has implemented a new policy that is designed to promote the education of student-athletes, maintain the integrity of the athletics program, provide preventative measures, implement a new drug screening program, offer counseling services, and promote student-athlete cooperation.

87. 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.

Rhoades included Athletic staff and student athletes in a university wide Title IX training program that underlined the importance of timely reporting and discussed consequences for failing to comply with the Title IX policy.

88. Establish clear policies and protocols for all Athletic Department staff when students are accused of misconduct in violation of University policy.

• Clear documentation protocols for athlete misconduct

• Clear reporting protocol

• To Head Coach and Athletic Director

• To Title IX Coordinator

• To Judicial Affairs

Baylor university clarified reporting protocols for athlete misconduct.

89. Establish clear disciplinary consequences for personnel who fail to follow reporting and documentation protocols.

With respect to the reporting and discipline for employee misconduct, Athletics has vastly improved its responsiveness and consistent approach to maintaining appropriate standards in the department. The specific misconduct matters were reported by Athletics staff to Human Resources.

90. 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.

Baylor University disbanded the Athletics Committee and delegated its duties to other standing committees, all under the oversight of the university President. A new Compliance and Regulatory Affairs Committee was created.

91. 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 references.

Athletic staff and first-year students, including student-athletes, were required to complete an online Title IX training and the Title IX office provided training for all football student athletes.

92. 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.

A Prospective Student Athlete Background Assessment Policy (PSA) was developed to review the background of incoming student athletes with identified instances of misconduct and to assist in determining whether the misconduct should prevent admission to the University.

93. Formalize team and departmental policies regarding team suspension or dismissal with respect to arrest and or student conduct investigation.

The University created an Athletics Privileges Committee to consistently determine how misconduct should affect a student athlete’s playing privileges. Baylor has also revised the reporting policy for student-athlete misconduct.

94. Consider a software solution for reporting, documenting, and sharing of information.

The University developed an online student conduct reporting form. The University is moving toward a single online reporting form for all instances of misconduct.

95. 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.

In response to these recommendations, Baylor has taken significant action to foster a new culture within Athletics.

XI. Baylor University Police Department

96. 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 has also ensured that the Baylor University Police Department receives appropriate training. During the BUPD’s annual in-service training, all BUPD staff received training on the BUPD Sexual Violence Response & Investigation Policy.

97. Identify informed training programs to support BUPD in the effective implementation of Title IX, Clery, and all other federal, state and local laws.

BUPD officers completed 100 hours of training including Title IX and sexual assault response.

98. Annually review training, personnel, and policy needs.

Baylor will annually review BUPD Sexual Violence Response & Investigation Policy and BUPD has drafted a policy that includes a mandatory annual review of training, policies and staffing needs.

99. Develop systems to consistently coordinate information sharing with Title IX and Student Conduct personnel. Consider use of available technology.

BUPD participates in weekly Title IX Case Management meetings and are available to conduct interviews with Title IX investigators and student conduct administrators upon request.

XII. Community Partnerships

100. 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.

Baylor University and the City of Waco collaborated to develop and approve a memorandum of understanding (MOU). Baylor law enforcement officials and attorneys are continuing to work with local law enforcement and prosecuting authorities to review and improve the MOU.

101. Revisit protocol for sharing of information between Waco Police Department and Baylor University Police Department.

Through meetings, WPD and McLennan County Sheriff’s Office agreed to meet as needed on individual cases or to discuss crime trends and other updates. BUPD will continue to receive daily briefing reports from WPD. MCSO reported that they are unable to accommodate the request for daily briefing reports.

102. Identify and develop partnerships with external advocacy organizations.

Consistent with the recommendations, Baylor implemented a Memorandum of Understanding with the Waco Advocacy Center for Crime Victims and Children (Advocacy Center), a local rape crisis center.

103. Identify appropriate campus and community supports for respondents.

With respect to campus and community resources for respondents, counseling and health services are available to any student. The Title IX brochure, Your Rights, Resources and Options, lists resources for both complainants and respondents.

104. Work with local governmental entities and area non-profits in an effort to develop a Waco-area Sexual Assault Response Team (SART).

Members of the Title IX Office participate in the Waco Sexual Assault Response Team (SART) hosted at the Advocacy Center. The BUPD Field Training Manual Checklist includes a visit to the Advocacy Center, and advocates from the center have provided training for BUPD personnel.

XIII. Clery

105. Update Clery analysis and assess reporting obligations based on Pepper Hamilton findings.

Baylor initiated a Clery program review and data audit by Margolis Healy. Based on this data audit and consistent with the recommendations, Baylor updated and revised its Clery statistics and provided that data to the U.S. Department of Education.