The Lumberjack



Students Serving The Cal Poly Humboldt Campus and Community Since 1929

Tag: Title IX

  • Students frustrated with Title IX assault case handling

    by Angel Barker

    Cal Poly Humboldt’s students, organizations, and community are unhappy with the Title IX office as well as President Tom Jackson after recent speeches and handling of cases.

    Title IX is the law adopted in 1972 that stipulates, “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance.” (From Cal Poly Humboldt’s Title IX & Discrimination, Harassment, & Retaliation Prevention website). Title IX is also intended to protect students against sexual misconduct including harassment and assault.

    Female student Jane Doe (whose name has been changed for privacy reasons) reported an assault to Humboldt’s Title IX office in June. It is now September, and from her perspective, not much has been done. At one point in the summer, her case was lost.

    “This whole summer I went through without having responses,” Doe said. “I get there are multiple things they have to deal with, but how do you tell a victim…that you flat out lost her case [and message thread],” referencing an email she received from David Hickcox apologizing for the delayed response.  Hickcox is the Coordinator of the Cal Poly Humboldt Title IX office.

    Doe says due to rumors surrounding the university’s handling of Title IX reports, she did not want to file a report.

    “I didn’t want to go in the first place because I had heard of people putting multiple complaints in and nothing being done,” Doe said. “So I went in with [the mindset of] ‘we’ll see where it goes’.”

    The Title IX office told her they could do two things for her. First, she could get the support she might need, like withdrawing from classes, and having them monitor her academic progress. The other option was to go through a formal reporting process that leads to a thorough investigation of everything that happened. This choice could have led to getting her assailant expelled from campus, through the Student Conduct office. Doe chose the support option.

    “They didn’t make me comfortable to come clean about everything so I took the safer route,” Doe said. “I chose that one because I don’t want him to know what I have against him. That kind of defeats the purpose of having a Title IX.” Doe was told that if she took the investigation route, her assailant would be made aware of her accusation.

    Doe was assaulted in a campus housing dorm room, and now she doesn’t feel safe on campus. “I get a sinking feeling in my stomach. I see him everywhere,” Doe said.

    Students also feel like the Title IX office is not timely enough and that the process takes too long.

    “I think it just takes way too long for students to get the help they need,” said Iman Jackson, a senior who was sexually assaulted at an off-campus party. 

    “It is just a long process,” Jackson said. “Maybe if they warned people that it is a long process it might be better, but if you can’t do it in a timely manner, at least have a plan.”

    Jackson does not think that the process is meaningful enough. “I feel like they kind of fall short in regards to helping men who have been sexually assualted or harrassed,” he said. “I feel like if they want to change the rhetoric of being supportive and inclusive to all, I think they probably change how their procedure goes.”

    Students have taken to social media to express grievances against the Title IX reporting process. Student commenter Lexi Holloman commented on a Humboldt Poly Confessions Instagram post that her report was lost and that she had to file more than once.

    “I contacted Title IX and they said they have been handling the reports of [assailant’s name] in the ways that they can, and so I made another report because they didn’t even have my original report,” Holloman commented.

    When asked to respond to student accusations of lost cases and lack of response, Hickcox said that he was unaware of any lost cases but “encourages them to contact [his] office.”

    In response to feedback on social media, Hickcox said, “I’m aware of the [Humboldt Confessions page] and there is this perception that we do nothing.”

    “I looked at Humboldt Confessions today and I can tell you what I saw on there today is not an accurate representation of what Title IX is doing,” Hickcox said. “It makes Title IX’s job a lot harder when people don’t believe in the process.”

    Recently, President Jackson implied in a speech that it would be better to keep Title IX reports out of the media.

    “I hate being in the news, because we have so many positive things happening on our campus,” Jackson said. He also stated that the Title IX process is designed to resolve cases “behind the doors in a meaningful amicable way.”

    This speech damaged Doe’s opinion on the president and campus’ Title IX handling.

    “I was offended. Although I had no say in the media aspect of my assaulter, it made me shy away from going to the office and tainted my self esteem walking into my appointment,” Doe said. 

    Hickcox views the President’s remarks differently.

    “I understand that people are upset because they are inferring that he is saying to not report to Title IX,” Hickcox said. “I think the President is expressing frustration that when sensitive confidential Title IX details get into the media that it lowers the credibility of the process.”

    Students and student organizations like Students for Quality Education are calling on the university to take responsibility and make a better Title IX process. The following is a comment from Students for Quality Education.

    “We as Students for Quality Education denounce the words and actions done by President Jackson. He has furthered harm toward victims and survivors on campus and is an active perpetuator of rape culture. As the leader of a public university you’d expect his comments to be more in line with 2022 rather than the 1950s and you cannot expect systems and institutions of oppression to be fixed by whispers and behind closed doors. It took little to no courage for a man in power to say such things about victims and survivors as if we are still in the past. Secrets do not fix harm. President Jackson has failed to protect students, staff and faculty. Cal Poly Humboldt and the CSU as a whole needs to reform Title IX and continue to support and build on programs focused on supporting and bringing justice for victims and survivors rather than protecting a public image and defending institutions of harm.”

  • Cal Poly Humboldt admin can’t be fired, even after investigations conclude he sexually harassed colleagues

    by Angel Barker

    USA Today published an article on Monday, April 18 describing how a current Cal Poly Humboldt professor is still employed with the university, even after investigations concluded that he “groped two colleagues.” 

    John Lee, current professor in the School of Education and former dean in the College of Professional Studies, is still working at the university because of a loophole in his contract, called “retreat rights.” Retreat rights mean that even though he was fired as an administrator, through his contract he has the right to remain employed as faculty.

    The full story published by USA Today can be found at https://archive.ph/iifTo and a followup story will be published in The Lumberjack on April 27.

  • Flaws within Title IX risk students security and protection.

    Flaws within Title IX risk students security and protection.

    HSU student shares their experience of sexual assault from a non-student member within their club.

    Title IX is a federal law protecting students from facing discrimination within any federally funded academic institution. Title IX prioritizes the significance of equal treatment of students, however, flaws in the investigation process leave some students feeling abandoned. 

    David Hickcox is the Title IX coordinator at HSU. When the Title IX office conducts an investigation into a sexual assault, they’re required to remain impartial through the process.

    “I think it’s human nature to want to assume that every person bringing a report is telling the truth,” Hickcox said. “In some cases, it’s pretty clear cut that the person accused is responsible for that behavior, but I can’t rush to judgment. I can’t start treating that person unfairly and not giving them access to advice.”

    In a Title IX investigation, an investigator will be assigned to conduct interviews with the parties involved and witnesses willing to cooperate. They will also gather any relevant documentary evidence they can, including text messages, social media posts are collected. The investigator will then present the evidence to both parties, allowing for any questions, before writing up a report with their findings.

    Prior to 2019, Title IX investigations were entirely done on paper by a single investigator. A CSU-wide policy change requires that all students be given access to a live-hearing, with the opportunity to question and respond to evidence used in the investigation before a finding is made.

    In the case of non-students who participate in campus activities like rec-sports and clubs, the Title IX office has almost no jurisdiction as they’re only able to investigate students or staff members.

    “I can’t compel a member of the community to come on the campus and talk to me and give me an interview statement,” Hickcox said. “I can with a student, because guess what, I can put a hold on your student account and you won’t be able to progress in your degree.”

    An HSU student-member came forward, wishing to remain anonymous. They shared their experience of being sexually assaulted by a non-student club member and demanded accountability and reform within club policy to exclude non-student members from joining.

    “I read through a couple of cases where it was pretty clear that the students had lost faith in the process, because it was taking so long.”

    David Hickcox

    Hickcox hasn’t found there to be a disproportionate number of sexual-misconduct cases coming from the clubs department, and doesn’t believe non-student members should be excluded.C

    “I think that might be a bit like the sledgehammer on the fly,” Hickcox said. “But I think we could definitely target that behavior.”

    Through auditing cases, Hickcox discovered the office wasn’t properly following through with several victims. He took his concerns to the HSU Chief of Staff.

    “I read through a couple of cases where it was pretty clear that the students had lost faith in the process, because it was taking so long,” Hickcox said.

    California State University executive order 1068 allows for non-students to become non-voting members of clubs on campus, provided they constitute less than 20 percent of each club. 

    Molly Kresl is the office of student life coordinator and oversees the clubs department. Kresel says this is a prevalent issue that’s been happening at the CSU level for a while now, claiming non-student members pose a higher risk.

    “It is because of push back from student groups who rely on their alumni and community members to support their events and outreach that we permit the 20 percent max non-student membership,” Kresl said.

    It’s ultimately up to each club to allow or not allow non-students to become members. Kresl works with clubs to put together plans of action to address problematic non-student members. Students can obtain a no-contact-order against another student or non-student.

    Under CSU executive order 1095, all campuses are required to have a survivors advocate – a person to whom students can confidentially report sexual-assault, without any obligation to report to the University.

    Rather than hire a single advocate to work from within HSU, the University has been contracting the local North Coast Rape Crisis Team. The NCRCT provides victims with a 24-hour hotline, one-on-one counseling and general advocacy.

    Paula Arrowsmith-Jones is the community outreach coordinator of the NCRCT. Her job is to hear, believe and support victims of sexualized-violence.

    “Our services are available to any person of any age or gender,” Arrowsmith-Jones said. “Who has ever in their lifetime been impacted by some form of sexualized-violence.”

    HSU’s Title IX office has recently been granted two new full-time positions, tripling the size of their department and expanding their opportunities to stop, remedy and prevent sexual misconduct on campus.

    “No one should ever have to go through the betrayal and violation that an assault invokes,” Anonymous said. “It’s not just physical – it’s also an overt psychological trespass that forces you to question the entire relationship you thought you had with the person who assaulted you. It’s a form of injustice on the interpersonal level, a trickle-down of our society’s attitude and response toward sexual assault, and it needs to be addressed.”

    Humboldt Domestic Violence Services24-hour crisis line: (707) 443-6042
    North Coast Rape Crisis Team24-hour crisis line – (707) 445-2881
    Humboldt County Mental Health720 Wood Street, Eureka, CA 24-hour crisis line – (707) 445-7715
  • Flyers Allege Faculty Sex Solicitation

    Flyers Allege Faculty Sex Solicitation

    Humboldt State University investigation is ongoing

    Humboldt State University announced Feb. 14 it was investigating flyers posted in campus bathrooms alleging a faculty member solicited paid sex from students.

    The flyers showed a series of apparent phone messages between a student and a faculty member. In the messages, the faculty member asks the student for sexual contact in return for money.

    The flyers also include a demand for faculty members using positions of power to exploit students to be outed and for HSU to hire more counselors of color.

    (Warning: flyer contains potentially–triggering content.)

    HSU confirmed on Feb. 18 it was investigating the allegations and had made progress beyond the flyers. HSU Spokesperson Grant Scott-Goforth said they could not share any further details.

    “It’s under investigation and it’s a personnel issue, so there are a lot of privacy issues,” Scott-Goforth said in an email. Scott-Goforth also declined to tell the Times Standard if HSU has cancelled any classes.

    Multiple anonymous student sources have confirmed to The Lumberjack that the classes of one faculty member have been cancelled and a substitute has taken over since the initial flyer investigation was announced. It’s not confirmed that these cancellations are tied to the investigation.

    Title IX Coordinator David Hickcox also told the Times Standard the investigation has not been classified as a Title IX case, as no accusers have come forward.

    HSU included multiple contacts for anyone with more information or for anyone who had been harmed, including the Campus Advocate Team, Counseling and Psychological Services, the Dean of Students Office, the Title IX Office and the National Sexual Assault Hotline.

  • A Look Into HSU’s Annual Crime Report

    A Look Into HSU’s Annual Crime Report

    Clery Act reveals numerous sexual assault cases within the last 3 years at HSU

    Humboldt State University’s 2019 Clery Act Annual Security Report reveals more than three sexual assault cases at HSU in each of the past three years.

    Amelia Wagoner, a victim rights advocate and kinesiology major at HSU, said the problem goes deeper than the statistics suggest.

    “The amount of reported cases here and throughout the nation do not reflect campus safety,” Wagoner said. “The reporting process is traumatic and most survivors don’t want to deal with it.”

    The Clery Act federally requires all higher education institutions to disclose campus crime statistics. The newest report for HSU, released in September, covers crimes from January 2016 to December 2018. All Clery Act reports for California State Universities are available on the California State University webpage.

    HSU’s report notes five rapes in 2016, five in 2017 and four in 2018. HSU doesn’t have the most rape or sexual assault instances within the CSU system, but it did have one of the largest percentages compared to its relatively low student population. Sexual assault victims made up .05% of HSU students.

    HSU requires students to go through a consent course before attending, and all members of clubs or sports teams attend a Title IX seminar once per year. Title IX is a federal law prohibiting discrimination on the basis of sex in federally-funded education institutions, and the seminar focuses on teaching consent culture and anti-hazing.

    Geography major Allie Jones expressed concerns about the faculty behind HSU’s Title IX seminar.

    “At HSU, nobody on the Title IX team is a woman,” said Jones. “I’m sure the coordinator is qualified for his job, but as a woman I’d feel more comfortable having another woman to talk to.”

    For now, Wagoner urged students to play their part in improving campus safety.

    “Make sure everything is okay,” Wagoner said. “If you see or hear something that doesn’t seem right, do your part to make a difference.”

  • Three years to comply

    Three years to comply

    HSU has 3-year grace period after football cut to meet Title IX requirements

    With the effects of Title IX looming after the cut of football at Humboldt State, many fear the impact on women’s sports while others look forward to it’s advancement.

    HSU Crew member Bailey Cochran sees it as an opportunity to make women’s sports more competitive.

    “It might change the team to be more focused on being competitive and being successful,” Cochran said.

    HSU President Lisa Rossbacher’s decision to cut football on July 17 was due to budgeting concerns. The fight to keep the team started during the 2017 fall semester when Rossbacher announced the team would stay for another season as long as the community could put up the $500,000 that the University would match.

    The amount of money raised was cut short by $171,000, leading Rossbacher to announce the discontinuation of the football program.

    “It’s football that’s at risk,” Interim Athletic Director Duncan Robbins said, “not any other sports.”

    Title IX is part of a federal law that was passed in 1972 to allow for equal opportunities for men and women on college campuses. It’s broad in scope and is often used to open opportunities in athletics.

    Title IX requires that each university allow for equal opportunity in different ways. The number of athletes required to stay in compliance is directly related to the ratio of men to women on campus. It also encompasses dollars spent for gear and scholarships.

    With over 90 male athletes cut from the 2017 football roster, the fate of women’s sports at HSU has left some wonder about the future. Robins doesn’t mince words.

    “We’ve been trending more and more women dominated on this campus over time compared to years ago,” Robins said. “We have to try to keep up with that as an athletic department.”

    HSU’s campus currently has a ratio of about 47 percent male to 53 percent female. Because of that, the school needs more women athletes to stay in compliance with Title IX, which means the risk to women’s sports is lower. This means that sports teams with large rosters won’t be dramatically impacted.

    The Jacks women’s crew team competed at the Blue Heron Redwood Sprints Regatta on March 24. | Photo by Robert Cranfill.

    Women’s sports have three extra teams with no male counterpart. They are softball, volleyball, and crew. At the moment, there is no foreseeable way to add more male teams because of budgeting concerns.

    “Every time we add a sport, we add cost and we don’t have the money,” Robins said.

    Track and field is a dual gender sport, and because there are more men than women on our HSU track team, Robins does not believe it will be a huge problem complying with Title IX.

    “Turns out that there are a lot of young men who want to run and throw in college,” Robins said, “so we think we’ll have an easier time than in other places.”

    Jamey Harris, the head distance coach, a subcategory of the track team, said that women in the sport aren’t in immediate danger of being cut. He said they will still be recruiting women as well as men to grow the roster as a whole.

    Harris said the football teams termination won’t have “a huge impact, just a few more guys each year won’t be cut.”

    “At this point we turn away any male student athletes that are just not at the level that they need to be to be competitive right away,” Harris said.

    However, more men will now have the opportunity to be trained up and compete at the college level.

    In fact, being able to grow the roster on both sides will be advantageous to the track team as a whole. With 21 events and only 40 athletes on each team, the track team may benefit from the effects of Title IX.

    “Adding more athletes gives us more event coverage,” Harris said.

    Robins said that no change is easy in university level sports, but said HSU has excelled at balancing the roster numbers.

    “We’ve done a very good job at giving opportunities to women’s athletes,” Robins said. “On a typical roster size they might not have been given that opportunity.”

    Cochran, a junior and three year crew member, is a recipient of those opportunities. She had never considered crew as an option in college until she was handed a flyer and joined with a few other young women.

    She sees this as a growing opportunity for the crew team to take their competition to the next level. She thinks this may give the crew team the edge to be able to focus on specifics rather than training people up who have never been in athletics before.

    “We have so many people that it’s not necessarily all focused in on the people who want to get to championships right now,” Cochran said.

    Cochran does admit that taking away opportunities for women who have never competed before is a reality.

    “It’s a give and a take,” Cochran said, “depending on what aspect you’re looking at.”

    Tyla Turner (#12) floats between Cal State East Bay defenders Kayla Blair (#21) and Savannah McGill (#32) for the layup. | Photo by Zac Sibek.

    Students entering sports now as freshman don’t have much change to worry about. Schools are given a three-year period to come back into compliance after a major shift, such as the football roster cut.

    Robins said that this helps cycle through the current athletes so it doesn’t affect their graduation.

    “Every student athlete that comes in will want to know what their life is going to look like for the next four to five years,” Robins said.

    But after the abrupt dismissal of football, athletes may be left feeling uncertain. Cochran just wants open communication between administration and the student athletes.

    “I hope they don’t pull the same thing on us where we don’t expect that to happen,” Cochran said. “But then it does.”