NSHE regents reapprove Title IX changes

The Nevada System of Higher Education’s Board of Regents reapproved code changes Thursday to comply with new federal Title IX sexual misconduct regulations.

Regent Lisa Levine — who voiced strong opposition during an August meeting where regents initially voted on the NSHE code changes — was the lone dissenting vote Thursday.

“Obviously, I wouldn’t second this,” Levine said after a motion was made to approve the changes. “My position on this hasn’t changed. I will remain a strong ‘no.’”

President-elect Joe Biden has signaled his intent to repeal the new regulations. But in the meantime, NSHE officials told regents Thursday that they believe it’s important to maintain the code changes in order to comply with federal law.

The U.S. Department of Education issued the new Title IX regulations in May, and they took effect in August. The federal law prohibits sex discrimination in educational programs that receive federal aid.

In August, the NSHE board voted 10-3 to change board policy in order to comply with the regulations. Regents Levine, Donald McMichael Sr. and John Moran opposed the motion after hearing public comments arguing the changes will make it harder for sexual assault victims to obtain justice.

During the contentious meeting, Levine told fellow regents that if they voted “yes,” they stand on the side of rapists and violent criminals.

After the meeting ended, an eight-second video clip began circulating on Twitter showing NSHE Board of Regents’ Chief of Staff Dean Gould interrupting Levine during the Title IX discussion, asking her to mute her line. When she continued speaking, Gould said he didn’t want to “man speak,” but would have to if she continued to “child speak.”

In a statement that day, Gould said his reaction was in response to a July meeting, where he was attempting to prevent an open meeting law violation when Levine accused him of “mansplaining.”

Later in August, NSHE Board Chairman Mark Doubrava said in a statement that he couldn’t comment about incidents during the July and August meetings. But he said the board is taking those events and related issues seriously, and has hired Los Angeles-based attorney Apalla Chopra from O’Melveny & Myers LLP to provide “advice and counsel” to the board.

In September, Nevada — along with 17 other states and the District of Columbia — joined a lawsuit challenging the new regulations.

On Thursday, Zelalem Bogale — deputy general counsel for NSHE system administration — told regents there was a short timeline to implement code changes and implementation was done under an emergency amendment process. That means the revisions became effective immediately, but for no longer than 120 days unless identical revisions are approved again within that time period.

NSHE officials have told regents not adopting the new regulations would put the higher education system out of compliance with federal law, which could jeopardize millions of dollars in federal funding.

Levine said the board still has a long way to go in learning how to protect victims of violence on college and university campuses, and urged fellow regents to vote against approving the code changes.

Biden has made it clear he’s going to undo the new Title IX regulations, Levine said, noting the threat of losing federal funding between now and the Jan. 20 presidential inauguration isn’t a legitimate concern.

By voting yes, “you are putting the false fear of losing federal funding over students,” she said.

Regent Jason Geddes said he respectfully disagreed with Levine. “It is the law of the land currently.”

Geddes said he’s hopeful Biden will repeal the new regulations, but until that happens, NSHE must comply and federal funding is still in jeopardy.

As soon as the regulations are overturned, he added, NSHE can change back its code.

NSHE Chancellor Melody Rose said system officials will keep a close eye on what happens in Washington D.C. and will make sure to be at the table, voicing concerns about student safety as the new presidential administration takes up the issue.

Rose said the story won’t end here and the topic will come back to regents “at our earliest opportunity.”

During their meeting, regents also:

• Approved dozens of changes to student fees and special course fees effective in fall 2021. Regents Levine, Laura Perkins and Patrick Carter voted no.
• Approved differential fees for UNLV, the College of Southern Nevada and University of Nevada, Reno. Levine and Perkins voted no.
• Ratified the first amendment to the College of Southern Nevada and CSN’s Nevada Faculty Alliance chapter’s collective bargaining agreement. It deletes a section of the agreement related to overload pay, allowing the college to pay $925 per overload instructional unit.

Contact Julie Wootton-Greener at jgreener@reviewjournal.com or 702-387-2921. Follow @julieswootton on Twitter.