Aug 04, 2021 Special Board Meeting

ALL RIGHT, GOOD EVENING AND WELCOME TO THE AUGUST 4TH, TWO THOUSAND TWENTY ONE SPECIAL

[00:00:06]

CAN WE BEGIN WITH ROLL CALL, PLEASE? ANDREA. OK, WE HAVE HEARD PRESIDENT JAMES CODY WORKING, BUT BOARD VICE PRESIDENT, CHINLONE AIR BOARD CLERK CARMEN ENVELOPE'S.

TRUSTEES ARE A CLUELESS PRESENT.

TRUSTEE MARIANA CHECA, PRESENT TRUSTEE MARUSIA PRESS.

TRUSTEE SANDRA SALAZAR.

STUDENT TRUSTEE SUTHERLAND, PRESIDENT AND PRESIDENT, SUPERINTENDENT PIERO.

THANK YOU. AND WITH THAT, WE'LL MOVE TO A PLEDGE OF ALLEGIANCE, I'D LIKE TO ASK STEVE LEWIS, IF YOU DON'T MIND, IN THE PLEDGE OF ALLEGIANCE.

I DO NOT MIND IF YOU COULD PUT YOUR HANDS OVER YOUR HEART AND FACE THE BEAST OR A FLAG READY BEGIN. I PLEDGE ALLEGIANCE TO ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU. THANK YOU.

CHRISTY LEWIS AND THREE AGENDA ORGANIZATION.

IS THERE ANYONE WHO WOULD LIKE TO REORGANIZE THE BRIEF AGENDA WE HAVE THIS MORNING IN WHICH WE. ALL RIGHT, SEEING DONE ITEM ONE POINT ZERO FOUR COMMENTS FROM THE AUDIENCE.

ANDREA, I BELIEVE WE HAVE SOME COMMENTS FROM THE AUDIENCE TO SHARE THIS EVENING.

YES, WE DO. LET ME PULL THOSE UP RIGHT NOW.

SO WE HAVE 10 SUBMITTED COMMENTS THAT WERE WRITTEN AND ONE VOICE MESSAGE, SO I'LL START WITH THE WRITTEN COMMENTS.

THE FIRST ONE IS FROM MARK OLONGAPO, FULL TIME ENGLISH PROFESSOR.

THE MANDATED VACCINATION ISSUE IS AN EQUITY ISSUE, TWO WEEKS AGO, I ATTENDED A FUNERAL OF A CHILDHOOD FRIEND WHO WASN'T VACCINATED, WHO WANTED TO TAKE A WAIT AND SEE APPROACH, BUT CONTRACTED THE VIRUS IN LATE JANUARY AND DIED SIX DAYS LATER.

SHE LIVED IN SOUTH EAST LOS ANGELES AND THE CITY OF BELL GARDENS, A PLACE WHERE I GREW UP AND ONE OF THE HARDEST HIT AREAS BY THE PANDEMIC ACCOUNTING FOR FOR UP TO THREE HUNDRED DEATHS JUST THIS YEAR.

AS OF EARLY MAY, ONLY SIX POINT EIGHT PERCENT OF SOUTHEAST L.A.

RESIDENTS WERE VACCINATED.

SOUTHEAST L.A. STILL HAS SOME OF THE LOWEST VACCINATION RATES IN THE COUNTRY, IN THE COUNTY. MANY OF OUR STUDENTS RESIDE IN SOUTH EAST L.A..

UNDERMINING THE LIFESAVING EFFICACY OF THE VACCINE PUTS THEIR COMMUNITIES AT RISK AS.

AND PACIFIC ISLANDER AND AFRICAN-AMERICAN COMMUNITIES HAVE BEEN HARDEST HIT BY THE PANDEMIC. AS FOR THE QUOTE UNQUOTE PROTECTION BY NATURAL IMMUNITY ARGUMENT MADE BY MANY RELUCTANT TO MANDATE A VACCINATION, IT'S MY VIEW THAT SUCH AN ARGUMENT REFLECTS WHAT THE LATE WRITER SUSAN SONTAG, IN REFERENCE TO THE AIDS PANDEMIC, ONCE CALLED THE, QUOTE, ARCHAIC IDEA OF A TAINTED COMMUNITY.

THE BELIEF THAT THOSE COMMUNITIES WHO HAVE SUFFERED THE MOST FROM THE PANDEMIC HAVE BROUGHT THE WORST CONSEQUENCES UPON THEMSELVES AND IMPERILED OTHER HEALTHIER COMMUNITIES WITH THEIR POOR LIFESTYLES AND WEAKENED IMMUNITY.

THE FACT OF THE MATTER IS THAT SOUTHEAST L.A.

HAS SOME OF THE HIGHEST POVERTY RATES IN THE COUNTY.

MANY RESIDENTS LIVE IN MULTIGENERATIONAL HOUSEHOLDS.

A MAJORITY SERVED AS FRONTLINE WORKERS DURING THE WORST OF THE PANDEMIC, PUTTING THEM AND THEIR FAMILIES AT GREAT RISK.

THE ISSUE OF COMORBIDITIES IS A FACTOR ONLY INDICATES THE FAILURE OF MORE EQUITABLE AND ACCESSIBLE HEALTH CARE IN OUR COUNTRY, WHICH THE PANDEMIC HAS GLARINGLY ELIMINATED TO THOSE FAMILIES WHO HAVE LOST LOVED ONES.

THE FACT IS, THE MORE WE ADVOCATE FOR MANDATED VACCINATION, THE MORE WE SPREAD MORE EQUITABLY THE BENEFITS AND PROTECTION OF VACCINATION ACROSS RACE AND CLASS, ESPECIALLY TO THOSE COMMUNITIES MOST AT RISK.

VACCINATION IS ONE EASY WAY TO CLOSE THE GAP BETWEEN OUR HEALTH CARE DISPARITIES.

VACCINATION REMINDS US ALL HOW INTERCONNECTED AND DEPENDENT WE ALL ARE ON EACH OTHER.

THE NEXT COMMENT IS FROM CORRINE SUTHERLAND, PART TIME FACULTY PHILOSOPHY.

THIS IS WHAT I RECEIVED IN AN EMAIL AND HAVE COMPLETED FROM GOLDEN WEST COLLEGE ABOUT RETURNING IN THE FALL, AND THIS IS A QUOTE OF AN EMAIL.

SO I'M GOING TO EDIT JUST A LITTLE BIT, BUT I'LL STATE THE MAIN PARTS.

IF YOU CURRENTLY HAVE A WORK ASSIGNMENT OR ANTICIPATE TO HAVE ONE SOMETIME DURING THE SEMESTER, YOU HAVE UNTIL THURSDAY, SEPTEMBER 30TH, TO COMPLETE ALL FOUR STEPS AND WATCH ALL FIVE ONLINE TRAININGS INCLUDED IN THE COAST COLLEGE'S TRAINING FOR RETURN TO ONSITE

[00:05:04]

STEP ONE, LOG IN TO CORNERSTONE.

STEP TWO, VIEW THE FIVE REQUIRED ONLINE TRAININGS AND THEN THE NAMES OF THE VIDEOS ARE WHAT YOU NEED TO KNOW, NINE MINUTES MANAGING STRESS AND ANXIETY, NINE MINUTES CLEANING AND DISINFECTING COMMUNITY SPACES, EIGHT MINUTES MAKING AND USING A CLOCK FACE COVERING EIGHT MINUTES. CONFLICT RESOLUTION PRESENTED BY GWC CRIMINAL JUSTICE TRAINING CENTER, 12 MINUTES AND 20 SECONDS.

STEP THREE, FAMILIARIZE YOURSELF WITH THE DISTRICT'S COVID-19 PREVENTION PLAN.

STEP FOUR, PROVIDE YOUR ELECTRONIC SIGNATURE.

AGREE THAT PRIOR TO ARRIVAL, YOU WILL CONDUCT SELF SCREENING FOR COVID-19 RELATED SYMPTOMS EVERY DAY THAT YOU WILL BE REPORTING TO YOUR ON SITE WORK LOCATION.

IF YOU HAVE ANY QUESTIONS REGARDING THIS TRAINING OR PROCESS, PLEASE FEEL FREE TO CONTACT THE HUMAN RESOURCES DIRECTOR.

AND THEN THAT'S THE END OF EMAIL AND IT SAYS, I HAVE COMPLETED ALL OF THIS AND I AM TEACHING ONLINE IN THE FALL, I'M GOOD TO GO, IF I SHOULD HAVE TO GO TO THE CAMPUS.

THE NEXT COMMENT IS FROM CAROL CHASE, TITLE TENURED PROFESSOR.

THE U.S. AND STATES HAVE MADE THE DECISION TO MANDATE VACCINES FOR FACULTY AND FOR STUDENTS WITH APPROPRIATE MEDICAL EXEMPTIONS, THESE INSTITUTIONS ARE CERTAIN THEIR MANDATE WILL SURVIVE ANY LEGAL CHALLENGES.

IT'S WISE FOR THOSE COLLEGE TO BEGIN TO ADDRESS VACCINE MANDATES BY ENFORCING THE STATE'S MANDATE THAT ALL STATE OF CALIFORNIA EMPLOYEES BECOME VACCINATED OR BE TESTED WEEKLY AS AN INSTITUTION OF HIGHER LEARNING.

CERRITOS COLLEGE SHOULD SUPPORT SCIENCE.

WE KNOW THAT THESE VACCINES SAVE LIVES.

IT TOOK MORE THAN A DECADE TO PERFECT MARNAY VACCINE TECHNOLOGY.

NEARLY TWO HUNDRED MILLION DOSES OF THIS PFIZER VACCINE HAVE BEEN ADMINISTERED IN THE UNITED STATES ALONE AND ONE HUNDRED THIRTY EIGHT MILLION FOR MODERNA FOR THE ENTIRE HISTORY OF VACCINATION.

ADVERSE SIDE EFFECTS HAVE ONLY OCCURRED WITHIN TWO MONTHS OF THE VACCINATION.

WE HAVE BEEN VACCINATING FOR SEVEN MONTHS NOW, SO WE CAN BE CONFIDENT THAT THESE MRSA VACCINES ARE SAFE. MANY OF US GET A SORE ARM AFTER THE SHOT, BUT SERIOUS SIDE EFFECTS ARE RARE. EVEN THE WORST ADVERSE EVENTS, LIKE BLOOD CLOTS, ARE NOW TREATABLE BECAUSE MEDICINE HAS IDENTIFIED THEIR ETIOLOGY IN THE FUTURE, MANDATING VACCINATION OF OUR STUDENTS WILL PREPARE THEM TO TRANSFER TO A U.S.

OR KESU. VACCINES NOW WILL SAVE LIVES AND WE'LL SUPPORT THE FINANCIAL STABILITY OF FAMILIES AND THE COMMUNITIES WE SERVE.

WHEN OUR STUDENTS GET VACCINE VACCINATED, THEY SAVE THE LIVES OF THEIR MOMS, DADS, AUNTIES AND UNCLES.

AND I HOPE IT HAPPENS SOON.

THE NEXT COMMENT IS FROM M.

GARCIA, AND THEY ARE NOT SPEAKING AS A CERRITOS COLLEGE EMPLOYEE.

PLEASE CONSIDER THE FOLLOWING.

WE ARE NOW LEARNING THAT THE DELTA VARIANT IS BEING SPREAD BY VACCINATED PEOPLE AS WELL.

DR. FAUCI HIMSELF GAVE A STATEMENT TO MSNBC ON JULY 20 AND SAID, WHEN YOU LOOK AT THE LEVEL OF VIRUS IN THE NASAL PHARYNX OF A VACCINATED PERSON WHO GETS A BREAKTHROUGH INFECTION WITH DELTA, IT IS EXACTLY THE SAME AS THE LEVEL OF VIRUS IN AN UNVACCINATED PERSON WHO'S INFECTED.

AS THIS VARIANT SPREADS, THE DISTRICT WILL ALSO HAVE TO TEST ALL VACCINATED STUDENTS, STAFF, FACULTY, IN ADDITION TO ALL THOSE UNVACCINATED, SINCE THEY ARE JUST AS ABLE TO CARRY DELTA AND PASS IT FROM PERSON TO PERSON AND GET EVEN THOSE VACCINATED FOLKS SICK.

DECIDING THAT ONE GROUP WILL HAVE A DIFFERENT SET OF RULES FROM ANOTHER GROUP WHO WILL NOW HAVE MORE RIGHTS AND PRIVILEGES IS DOWNRIGHT DISCRIMINATION.

THIS DECISION WILL CREATE HOSTILITY ON CAMPUS BETWEEN THESE TWO GROUPS, WHICH IS THE OPPOSITE FROM CREATING A SAFE SPACE.

PUSHING THE EU A EXPERIMENTAL VACCINE IS NOT THE ANSWER FOR SALUDOS COLLEGE.

I ALSO RECOMMEND THAT THE BOARD MEMBERS AND DECISION MAKERS AT THE DISTRICT LOOK INTO THE FDA'S LIST OF RECALLS OF PCR TESTS BEFORE MOVING FORWARD WITH A DECISION AND RESOLUTION.

AND AT THE END, THERE ARE THREE SOURCES PROVIDED FOR THE FOR THAT COMET.

THE NEXT COMMENT IS FROM SOMEBODY NAMED AVY, SPEAKING AS A COLLEGE EMPLOYEE ADJUNCT.

PLEASE PROVIDE YOUR EMPLOYEES WITH OPTIONS RATHER THAN MANDATING A VACCINE THAT HAS ONLY BEEN ISSUED UNDER UHA, I'M CURRENTLY PREGNANT AND CHOOSE NOT TO RECEIVE THIS VACCINE, PLEASE REVIEW THE FOLLOWING FACT.

AT PRESENT, THE VACCINE IS AVAILABLE IN THE UNITED STATES, ONLY HAVE TEMPORARY EMERGENCY USE, OPERATE AUTHORIZATION OR UHA AND ARE NOT FULL FDA APPROVED.

AND THERE IS LITTLE PRECEDENT INDICATING WHETHER THE COLLEGE'S MANDATORY COVID-19 VACCINATION POLICIES WILL RECEIVE THE SAME TREATMENT IN COURT AS THOSE APPROVED BY FDA.

THE STATUTE PROVIDES THAT PERSONS RECEIVING A VACCINE AVAILABLE UNDER EOWA ONLY MUST BE

[00:10:07]

AND THERE IS A SOURCE FROM INSIDE HIGHER ED ON THAT COMMENT.

THE NEXT PUBLIC COMMENT IS FROM ROSSIE PETROVA, FULL TIME FACULTY.

I WOULD LIKE TO ADDRESS THE BOARD AS A TENURED FACULTY WHO HAVE WORKED AT CERRITOS COLLEGE GOING ON SEVEN YEARS NOW AND I LOVE MY JOB.

I WOULD LIKE TO SAY NOT SO POPULAR SIDE, OR AT LEAST THE SIDE WHO HAVE BEEN QUIETER ABOUT THE MANDATE OF THIS EXPERIMENTAL VACCINE WITH ALL OF THE FACULTY CLASSIFIED AND STUDENT SURVEYS, ABOUT 50 PERCENT OF THE SURVEYS WERE AGAINST GIVING A VACCINE.

HOW CAN YOU GUYS JUST OVERLOOK HALF OF OUR POPULATION ON CAMPUS? FOR WHATEVER REASON, 50 PERCENT OF EVERYONE ON CAMPUS IS AGAINST GETTING GYPPED.

SOME OF US LIKE ME HAVE PRIOR SERIOUS MEDICAL REASONS NOT TO GET THE VACCINE BECAUSE OF MAJOR SIDE EFFECTS THAT WILL GREATLY IMPACT MY HEALTH IN A NEGATIVE WAY.

DO I WANT TO GET A VACCINE THAT CAN POTENTIALLY GIVE ME COMPLICATIONS AND POSSIBLY DIE SO SOMEONE ELSE ON CAMPUS FEEL SAFE? NO, I DO NOT. IF SOMEONE HAS THE VACCINE, WHY DO I HAVE TO GET THE VACCINE FOR THEM TO FEEL SAFE? WHAT ABOUT MY SAFETY? THE VACCINE PROTECTS EACH OTHER, NOT WHOEVER THEY ARE AROUND.

AND IT MOST CERTAINLY DOES NOT PROTECT SOMEONE'S AUNT, COUSINS, GRANDPARENTS, ETC..

ARE YOU GUYS WILLING TO LOSE 50 PERCENT OF OUR STUDENTS DUE TO THIS? ARE YOU EVEN CONCERNED ABOUT THEIR BELIEFS OR FEELINGS, NOT JUST THE ONES WHO GOT THE VACCINES, BUT THE OTHER HALF? WHAT ABOUT THE CONCERN OF HALF THE FACULTY AND STAFF ON CAMPUS AS WELL? WHAT IS GOING TO HAPPEN TO OUR JOBS BY SON? AND I HAD COVID LAST SUMMER AND WE'RE FINE.

WE HAVE NATURAL IMMUNITY THAT SURPASSES ANY ACQUIRED IMMUNITY OR INOCULATION.

I HAVE BEEN AROUND PEOPLE WHO HAVE HAD COVID RECENTLY AND DID NOT GET SICK OR HAD ANY SYMPTOMS DUE TO MY NATURAL IMMUNITY TO THE VIRUS.

NOW, IN ADDITION, IT IS MY BODY AND MY CHOICE.

I DO NOT WANT TO BE INJECTED WITH SOMETHING THAT HAS NOT BEEN CONSIDERED THAT HAS BEEN CONSIDERED EXPERIMENTAL THIS WHOLE TIME IN ORDER FOR ME TO KEEP MY JOB.

I AM NOW A HEALTHY INDIVIDUAL WHO LIVES A VERY HOLISTIC LIFE AND DO NOT WANT TO INJECT MY BODY WITH ANYTHING FOR IT.

IT IS ILLEGAL TO FORCE ANYONE TO BE INJECTED WITH ANYTHING FOR EMPLOYMENT.

I LOVE MY JOB AND MY STUDENTS AND WOULD LIKE TO SEE NOTHING LESS THAN TO GO BACK TO THE CLASSROOM WITHOUT WORRYING ABOUT MY HEALTH.

IF YOU DECIDE TO MANDATE THIS AGAINST MANY OF OUR CONCERNS, HOW WILL THE WEEKLY TESTING BE IMPLEMENTED? WELL, THE COLLEGE PAY FOR US TO GET TESTED WEEKLY ON CAMPUS, OR WILL THE EMPLOYEES HAVE TO PROVIDE THEIR OWN NEGATIVE TEST FROM THEIR OWN MEDICAL PROVIDER? WHAT IF WE FEEL WELL, BUT THE TEST COMES BACK POSITIVE? DO WE CALL IN SICK OR TEACH ONLINE THAT DAY? I HAVE HAD TESTS BACK TO BACK AND ONE WAS POSITIVE AND THE NEXT DAY WAS NEGATIVE.

CAN WE RETEST THE NEXT DAY IF WE FEEL WELL, WHAT A POSITIVE TEST.

I JUST WANT TO BE CLEAR HOW THIS WILL WORK WITH ALL THE UNCERTAINTIES IN THE TESTING AS WELL. ALSO, THESE PROTOCOLS APPLY TO TEACHING IN PERSON ONLY, RIGHT? WE'LL FACULTY TEACHING STRICTLY ONLINE THIS FALL BE SUBJECTED TO WEEKLY TESTING AS A TENURED FACULTY.

DO I NEED TO START THINKING OF ONLY TEACHING ONLINE NOW? I HOPE YOU CONSIDER THIS STATEMENT IN YOUR DECISION.

THANK YOU FOR YOUR TIME. THE NEXT COMMENT IS FROM WALTER FERNANDEZ, FULL TIME PROFESSOR.

HONORABLE TRUSTEES, I SUPPORT THE VACCINATION MANDATE AND TESTING RESOLUTION THAT IS BEFORE YOU TODAY, DR.

FIERRO AND THE LEADERSHIP TEAM HAVE MADE NECESSARY RECOMMENDATIONS.

THE DELTA MUKASA MUTATIONS ARE A SERIOUS THREAT THAT CAN BE SIGNIFICANTLY REDUCED BY FOLLOWING THE GOVERNOR'S MANDATE.

OTHER CAMPUSES HAVE IMPLEMENTED THESE REASONABLE MEASURES.

THEREFORE, I URGE YOU TO SUPPORT REQUIRING VACCINATIONS FOR TESTING IN ALL STUDENTS AND EMPLOYEES PHYSICALLY WORKING ON CAMPUS.

THE NEXT COMMENT IS FROM TED STOLTZ, PROFESSOR OF PHILOSOPHY.

I'D LIKE TO SPEAK IN SUPPORT OF THE RESOLUTION.

TWENTY ONE DASH AWAY FOR A I STRONGLY ENCOURAGE THE BOARD OF TRUSTEES TO MANDATE COVID-19 VACCINATIONS OR TESTING FOR ALL STUDENTS AND EMPLOYEES WHO WILL BE ON CAMPUS DURING THE FALL. TWENTY, TWENTY ONE SEMESTER IN THE PAST, YOU'VE ALWAYS CONSIDERED YOU HAVE ALWAYS CONSIDERED TO BE OF PARAMOUNT IMPORTANCE THE HEALTH, SAFETY AND WELL-BEING OF ALL MEMBERS OF OUR COLLEGE COMMUNITY.

I'M SURE THAT YOU WILL DO SO AGAIN.

THANK YOU FOR YOUR VIGILANT LEADERSHIP DURING THIS DIFFICULT TIME FOR US ALL.

[00:15:04]

CHIROS MATERIALS INSTRUCTOR OF PSYCHOLOGY.

BASIC TENETS IN EXPERIMENTAL SCIENTIFIC RESEARCH FOR PARTICIPANTS IS INFORMED CONSENT AND VOLUNTARY PARTICIPATION.

THE FDA'S EU A AUTHORIZATIONS MADE CLEAR THAT THERE IS NO EVIDENCE THE COVID-19 VACCINES CAN PREVENT RECIPIENTS FROM BECOMING INFECTED WITH AND TRANSMITTING THE VIRUS.

ULLAS THE FOLLOWING A STILL UNKNOWN.

EFFECTIVENESS IN CERTAIN POPULATIONS AT RISK OF SEVERE COVID-19 IN THOSE PREVIOUSLY INFECTED WITH. COVID SARS COVID TWO AGAINST ASYMPTOMATIC INFECTION, AGAINST LONG TERM EFFECTS OF COVID-19 DISEASE, AGAINST TRANSMISSION OF SARS, CLV TO THERE IS MUCH UNKNOWN ABOUT THE SAFETY OF THESE PRODUCTS, INCLUDING.

ADVERSE REACTIONS THAT REQUIRE LONGER FOLLOW UP TO BE DETECTED AND WHETHER THE VACCINES WILL CAUSE VACCINE ENHANCED DISEASE, A CURRENT LIST OF SOME OF THE MORE SERIOUS SIDE EFFECTS OF THE COPAN 19 VACCINATION ANAPHYLAXIS THROMBOSIS WITH.

THROMBOCYTOPENIA SYNDROM.

FEELINGLY EMBAR SYNDROME AND MYOCARDITIS OR PERICARDITIS, THE AUTHORIZATION LETTERS FOR COVID-19 VACCINE STATE THAT THE VACCINES ARE, QUOTE, AN INVESTIGATIONAL VACCINE, NOT LICENSED FOR ANY INDICATION, END QUOTE, AND THAT THIS PRODUCT HAS NOT BEEN APPROVED OR LICENSED BY THE FDA, BUT HAS BEEN AUTHORIZED FOR IMMEDIATE EMERGENCY USE.

AND THE ADMINISTRATION MUST BE OPTIONAL.

FEDERAL LAW REQUIRES THAT THE PUBLIC HAVE THE OPTION TO ACCEPT OR REFUSE ADMINISTRATION OF THE PRODUCT THROUGH TO COLLEGES, EFFECTIVELY FORCING EACH STUDENT TO CHOOSE BETWEEN FURTHERING EDUCATIONAL GOALS OR RECEIVING AN EXPERIMENTAL MEDICAL TREATMENT TO WHICH THEY DO NOT CONSENT. THE RIGHT TO INFORMED MEDICAL CONSENT IS CONSIDERED A FUNDAMENTAL OVERRIDING PRINCIPLE OF MEDICAL ETHICS AND INTERNATIONAL LAW FIRST LAID DOWN BY THE UNITED STATES GOVERNMENT JURISTS IN THE NUREMBERG CODE.

THIS MEANS THAT THE PERSON IS ABLE TO EXERCISE FREE POWER OF CHOICE WITHOUT THE INTERVENTION OF ANY ELEMENT OF COERCION.

PUBLIC POLICY FURTHER DEMANDS THAT UNCOERCED CONSENT IS REQUIRED, ASSURING THAT INDIVIDUALS CAN MAKE THEIR OWN MEDICAL DECISIONS WHEN IT COMES TO PRODUCTS, EVEN DURING TIMES OF EMERGENCY. THE INDIVIDUAL'S RIGHT TO CHOOSE IS FURTHER SUPPORTED BY THE FACT THAT WHETHER COVID-19 VACCINES ARE ACTUALLY SAFE AND EFFECTIVE IS NOT YET KNOWN AND WILL NOT BE KNOWN UNTIL THE PHASE THREE CLINICAL TRIAL TRIALS ARE COMPLETED.

THE WORLD HEALTH ORGANIZATION STATES THAT REINFECTION IS RARE AND USUALLY MILD, AND THOSE WITH NATURAL IMMUNITY, WITH NO PROFIT, WITH NO PROFIT AND NATURAL IMMUNITY, THERE IS LIMITED DATA TO SUPPORT OR REFUTE.

THE NATURAL IMMUNITY REMAINS A SUPERIOR FORM OF IMMUNITY.

I HAVE A HISTORY OF BAD REACTIONS TO ALL MEDICATIONS, INCLUDING VACCINATIONS, WILL CERRITOS COLLEGE PAY MY MEDICAL BILLS IF I HAVE A REACTION? AS OF NOW, ALL MANUFACTURERS OF THE COVID-19 VACCINE ARE IMMUNE FROM LIABILITY.

SEE THE PREP ACT. NOW WE SEE THE CURRENT VACCINE FAILURE HAS LED TO BOOSTER SHOTS BEING NECESSARY. HOW MANY SHOTS WILL YOU TAKE IF YOU ARE MANDATING THIS EXPERIMENTAL SHOT THAT HAS NO LONG TERM SAFETY AND DOES NOT PREVENT THE SPREAD OF THE DISEASE? WHAT WILL THE NEXT VIRUS BRING? HOW MANY SHOTS WILL THE STATE OF CALIFORNIA OR CERRITOS COLLEGE COERCE ME TO INJECT TO STAY EMPLOYED? A 10 COLLEGE SHOP AT GROCERY STORES, EAT AT RESTAURANTS OR ENJOY TRAVEL AND ENTERTAINMENT? THIS IS FEAR.

THIS IS NOT CRITICAL THINKING.

HOW CAN I TEACH MY STUDENTS TO CRITICALLY THINK WHEN YOU ARE MAKING IRRATIONAL DECISIONS FOR THEM ABOUT SUCH INDIVIDUAL NEEDS NEEDS? SUCH AS HEALTH CARE AND WHAT IS INJECTED INTO THEIR BODIES IN ORDER TO ATTEND HIGHER EDUCATION. MY UNDERSTANDING IS THAT ORIGINAL RELIGIOUS AND MEDICAL EXEMPTIONS WILL BE MADE AVAILABLE. WITHOUT ALTERNATIVE OPTIONS, COLLEGE WILL LOSE HALF OF THE STAFF AND STUDENTS SHOULD THIS POLICY BE IMPLEMENTED FURTHER.

FURTHER MARGINALIZING ARE ALREADY AT RISK STUDENTS.

OUR JOB IS TO PROMOTE EDUCATION, NOT TO DECIDE THE PERSONAL MEDICAL DECISIONS OF OUR STUDENTS AND FACULTY.

THANK YOU. THE LAST WRITTEN COMMENT IS FROM MARK ABRUZZESE, PROFESSOR.

DUE TO THE PANDEMIC, AN INCREASE IN THE DELTA VARIANT, MANDATORY VACCINATIONS FOR ALL CAMPUS PERSONNEL, STAFF, FACULTY AND STUDENTS NEEDS TO BE IMPLEMENTED FOR FALL TWENTY, TWENTY ONE. FOR ALL THOSE THAT REFUSE TO GET VACCINATED, THEY SHOULD BE TESTED EACH DAY THEY COME TO CAMPUS.

AND NOW WE HAVE ONE MORE COMMENT THAT IS A VOICEMAIL AND I WILL PULL THAT UP NOW.

[00:20:35]

IN THE DEPARTMENT THIS YEAR, AND I WANTED TO LET YOU KNOW THAT I VERY MUCH HOPE THAT YOU WILL VOTE FOR ALL.

CAMPUS CONSTITUENCIES TO BE EITHER FULLY VACCINATED OR TESTED ON A REGULAR BASIS. I CAN LET YOU KNOW THAT I WAS FULLY VACCINATED IN MARCH AND MY 16 YEAR OLD DAUGHTER, WHO IS AT RISK OF GETTING COMPLICATIONS FROM COVID, WAS FULLY VACCINATED ON APRIL 2ND AS SOON AS SHE WAS ABLE TO.

AND THOUGH I AM LOOKING FORWARD TO COMING BACK ON CAMPUS AND INTERACTING WITH COLLEAGUES, STAFF AND STUDENTS, I WANT TO FEEL SAFE.

ONE OF THE WAYS I WILL FEEL SAFE IS TO KNOW THAT WE ARE ALL DOING OUR BEST TO STAY SAFE.

AND THAT MEANS TO BE EITHER FULLY VACCINATED OR TO TEST EVEN THOSE OF US WHO ARE FULLY VACCINATED AS PER THIS DELTA VARIANT MAY NEED REGULAR TESTING TO MAKE SURE THAT WE ARE NOT TRANSMITTING THE VIRUS TO THOSE WHO ARE IMMUNOCOMPROMISED AND CANNOT BE VACCINATED.

SO AS A LEADER IN OUR COMMUNITY, AS LEADERS OF OUR CAMPUS, I VERY MUCH HOPE THAT YOU WILL VOTE TO HAVE MANDATORY VACCINATION AND OR TESTING ON CAMPUS SO THAT WE CAN ALL FEEL LIKE WE CAN REACH A NEW NORMAL AND STOP THESE MUTATIONS THAT ARE MAKING OUR LIVES WORSE, NOT BETTER. THANK YOU.

THAT ENDS THE PUBLIC COMMENTS.

THANK YOU, ED. ALL THOSE FOLKS WHO SUBMITTED THOSE COMMENTS.

AND AT ONE POINT ZERO FIVE REPORTS AND COMMENTS FROM CONSTITUENT GROUPS.

DO WE HAVE A REPORT FROM THE SENATE PRESIDENT? AND IT'S VOLCOM. THANK YOU, TRUSTE LEWIS, HONORARY BOARD OF TRUSTEES, PRESIDENT BAROT, FELLOW ADMINISTRATORS, CAMPUS LEADERS.

I HAVE TO SAY THAT FIRST, ANY COMMENTS THAT YOU HEAR FROM ME TONIGHT ON THIS ISSUE? I HAVE NOT RECEIVED ANY PARTICULAR GUIDANCE BY THE FACULTY SENATE AS A BODY, AS WE HAVE NOT BEEN IN SESSION.

AND SO AT THIS POINT, I FEEL RATHER LIMITED.

BUT I DO HAVE A LOT TO SAY AND IT'LL BE BRIEF.

I BASICALLY SPENT APPROXIMATELY HALF OF MY ADULT LIFE AS A MEMBER OF THE CIRILLO'S COLLEGE COMMUNITY, AS A FACULTY PERSON, AND WORKING VERY CLOSELY WITH MY COLLEAGUES AND ADMINISTRATORS PAST AND PRESENT AND IN THE LOCAL COMMUNITIES THAT SERVES AS OUR OUR FUNNEL OF SUCCESS AND OUR STUDENTS.

AND SO THIS IS THIS IS UNBELIEVABLE.

I THINK THAT THIS IS PROBABLY ONE OF THE MOST IMPORTANT PROCESSES AND DECISIONS THAT I HAVE BEEN A PART OF IT IN MY LIFETIME.

AND SO I UNDERSTAND THAT AS TRUSTEES, YOU HAVE A SPECIAL PLACE TONIGHT TO MAKE A DECISION THAT IS PROBABLY ABOUT THE SAME FOR YOU.

THIS IS SOMETHING THAT NONE OF US, IN OUR PROFESSIONAL PREPARATION AND LIVES EVER THOUGHT THAT WE WOULD BE IN A POSITION LIKE THIS.

SO WITH THAT SAID.

AT THIS POINT, ALL I REALLY WANT TO DO IS THANK ALL THE FACULTY AND STAFF AND ADMINISTRATORS WHO HAVE WORKED FOR MONTHS AND MONTHS, IN MANY CASES ON THEIR OWN TIME TO PARTICIPATE IN ALL THE MEETINGS, THE TASK FORCE, COLLECTING AND PROVIDING INFORMATION, GOING THROUGH THE DATA.

SO THAT WE CAN ANSWER AND ADDRESS MANY OF THE CONCERNS AND THE QUESTIONS THAT I HEARD

[00:25:07]

AND SO I JUST WANT TO THANK EVERYBODY, ESPECIALLY MY COLLEAGUES ON THE ACADEMIC SENATE SIDE, ALL THE FACULTY THAT HAVE PARTICIPATED.

THANK YOU. THANK YOU VERY MUCH.

AND I WANT EVERYBODY WHO HASN'T BEEN PRIVY TO THOSE MEETINGS AND TO THAT PROCESS OF FACULTY WHO ARE NOW FACING THE POSSIBILITY OF COMING BACK TO CAMPUS.

I WANT YOU TO REST ASSURED THAT MY COLLEAGUES, YOUR COLLEAGUES, THEY WERE TRUE PROFESSIONALS. THEY BROUGHT IT TO THIS PROCESS AND THEY ASK THOSE QUESTIONS AND THEY ASK THEM AGAIN AND AGAIN.

SO I KNOW THAT WHAT WE HAVE COME UP WITH, WITH THE RETURN TO CAMPUS PLAN AND THE PLACE WE'RE AT NOW WITH THE DECISIONS THAT WE HAVE TO MAKE AND THAT YOU HAVE TO MAKE AS BOARD MEMBERS. I KNOW I HAVE FAITH THAT WHATEVER DIRECTION WE GO IN, I KNOW I CAN DEPEND ON MY COLLEAGUES AND I KNOW THAT I CAN DEPEND ON THE ADMINISTRATION AT THE COLLEGE AND THIS BOARD THAT WE WILL DO WHAT'S BEST.

WE WILL ADJUST.

WE WILL DO IT. WE HAVE TO AS DEVELOPMENTS, DEMANDS.

AND SO, AGAIN, WITH THAT SAID, NOT LEANING AND PUSHING YOU IN ANY PARTICULAR DIRECTION, BUT I HAVE FAITH. AFTER ALL THESE YEARS, THE SARITA'S COLLEGE, AT THIS MOMENT, I HAVE FAITH. THAT THIS IS SOMETHING THAT WE CAN DO AND IT'S NOT GOING TO BE EASY.

NOBODY'S EVER SAID IT'S GOING TO BE EASY, BUT I KNOW THAT WE CAN DO THIS.

SO WITH THAT NOTE OF OPTIMISM.

I PRAY THAT YOU DELIBERATE ON THIS ISSUE AND THAT YOU WEIGH THE OPTIONS AND THE CHOICES THAT WE'RE GOING TO HAVE, AND I HOPE THAT YOU MAKE A DECISION THAT.

WORKS IN THE LONG RUN FOR THE BEST OF EVERY SINGLE MEMBER OF OUR CAMPUS COMMUNITY.

NO MATTER HOW THEY FEEL ABOUT IT TONIGHT.

SO THANK YOU VERY MUCH.

I LOOK FORWARD TO HEARING WHAT THE DECISION WILL BE AT SOME POINT.

SO THANK YOU VERY MUCH, EVERYBODY.

THANK YOU FOR THOSE WORDS AND I'LL CALL.

NOW, IF I WAS EVER TO SAY THAT IN ONE GO KFAB PRESIDENT, I THEM.

THANK YOU, PRESIDENT BURKI FESTE IS SUPPORTIVE OF THE RESOLUTION.

TWENTY ONE ZERO EIGHT ZERO FOR A TO GRANT DISTRICT THE AUTHORITY TO DEVELOP AND IMPLEMENT A VACCINATION SLASH TESTING PROGRAM FOR ALL CONSTITUENTS.

AS A UNION, SKW IS FULLY AWARE OF THE EXTREME SPECTRUM OF HOW FACULTY FEELS ABOUT VACCINATION AND TESTING.

HOWEVER, IN A SURVEY CONDUCTED IN MARCH OF TWENTY TWENTY ONE, OVER 60 PERCENT OF THE FACULTY WHO COMPLETED A SURVEY ARE SUPPORTIVE OF THE MANDATE.

OF COURSE, SKAF IS ALSO COGNIZANT OF THE IMPACT OF THIS DECISION.

WE WILL CONTINUE TO COLLABORATE WITH THE DISTRICT SO NO FACULTY WILL LOSE OUT ON THEIR ASSIGNMENT AND THEY WILL BE PROVIDED WITH THE PROPER RESOURCES TO MEET THIS MANDATE.

IN ADDITION TO VACCINATION AND TESTING, FACULTY WOULD APPRECIATE THE PUBLICATION OF THE VENTILATION REPORT WITH AIR EXCHANGE RATE PER HOUR BEFORE THE START OF FALL SEMESTER.

I WANT TO SHARE A LITTLE BIT ABOUT MY EXPERIENCE ON CAMPUS TODAY.

I ACTUALLY WENT BACK TO CAMPUS WORKING AS A COUNSELOR, SO TODAY WAS MY FIRST DAY BACK ON CAMPUS. AND I HAVE TO BE HONEST, THE LEARNING CURVE OR STEEP.

OF COURSE, THERE ARE SOME PERSONAL INCONVENIENCE, LIKE HAVING TO MAKE SURE I ALLOW TIME FOR CHECKING QUESTIONNAIRE PROCESS AND MAKING SURE THAT I HAVE A WRISTBAND WHILE ON CAMPUS. AND TO BE HONEST, I HAVE TO BUY NEW PANTS.

AS A UNION PRESIDENT, I MADE SURE THAT I UNDERSTOOD THE KIOSK CHECK AND PROCESS AND MAKE SURE STUDENTS WHO DO NOT HAVE SMARTPHONE ACCESS WOULD BE GIVEN TO SEE AN OPPORTUNITY TO CHECK IN. I HAVE TO SAY THAT AS A DISTRICT, WE'VE DONE A GOOD JOB IN COMMUNICATING THE PREVENTATIVE MEASURES THAT ARE IN PLACE.

HOWEVER, I THINK WE NEED TO SPEND MORE TIME PUBLICIZING THE CONTINGENCY PLAN WHEN STUDENTS, FACULTY AND STAFF ARE TESTED POSITIVE IN OR EXPOSED TO COVID.

I DO WANT TO ACKNOWLEDGE THE HARD WORK AND THE COLLABORATIVE EFFORT DR.

MANILA AND MISS BHUPENDRA HAVE SHOWN ME.

WHEN I HAD QUESTIONS TODAY ABOUT THE HEALTH AND SAFETY OF OUR STUDENTS AND FACULTY, THEY WERE THERE FOR ME. THEY WERE READY TO JUMP ON A CALL WITH ME SO WE CAN PROBLEM SOLVE

[00:30:03]

THANK YOU. THANK YOU, DR.

RON. THE PRESIDENT, LET ALONE THE LOPEZ.

ALL RIGHT, BEFORE I LEAVE MYSELF, I NEED TO MAKE SURE I DID THAT GOOD EVENING.

BOARD OF TRUSTEES AND OUR CLASSIFIED STAFF WHO ARE LISTENING TONIGHT.

I ECHO THE SAME SENTIMENT AS BOTH MY BROTHER UNION, DENNIS BALCON AND LYNNE WANG.

SO I JUST WANTED TO LET YOU KNOW THAT, AS YOU KNOW, WE DID HAVE A SURVEY AS WELL THAT WENT OUT TO OUR MEMBERSHIP. WE WERE A 50/50 DRAW.

50 PERCENT OF OUR MEMBERS WERE IN SUPPORT OF MANDATORY VACCINATIONS.

50 PERCENT WERE NOT.

SO, AS DENNIS SAYS, WE DON'T ENVY THE POSITION YOU'RE IN TO HAVING TO MAKE A DECISION THAT IMPACTS OUR WHOLE COMMUNITY, OUR WHOLE CAMPUS COMMUNITY AS A WHOLE.

AND IT'S A HARD DECISION BECAUSE SOME PEOPLE ARE GOING TO BE HAPPY AND OTHERS ARE NOT.

SOME PEOPLE ARE GOING TO HAVE ISSUES WITH THE IMPLEMENTATION OF THIS.

AND WE'RE JUST HOPING THAT THE BOARD OF TRUSTEES AND THE ADMINISTRATION WORKS WITH CCRA TO ENSURE THAT EVERYBODY REMAINS WHOLE AND THE PROCESS THAT EVERYBODY REMAINS EMPLOYED THROUGHOUT THIS WHOLE PROCESS.

AND WE DON'T WANT TO SEE ANYONE HARMED BECAUSE OF THE DECISION THAT'S MADE.

AND SO WE'RE ASKING THAT YOU WORK WITH US AS BEST AS WE CAN.

AND LIKEWISE, WE HOPE THAT WE CAN WORK WITH YOU TO FIND AN EQUITABLE SOLUTION FOR ALL OF OUR OUR CLASSIFIED STAFF.

AND THAT'S IT. MAKE THE MOST OF THIS AND THEN DO WE HAVE DR.

MIXDOWN? I AM HERE, MY FRIEND, GREAT MP REPRESENTATIVE FRANK KINGSTON, THANK YOU.

AND THANK YOU, BOARD OF TRUSTEES AND DR.

FIERRO, AND I'D LIKE TO START BY JUST SAYING THAT JACQUI DOES HAVE A NEW BOARD AND I'D LIKE TO JUST LIST OFF THE NAMES.

COLLEEN MCKINLEY IS THE NEW PRESIDENT.

I AM THE NEW VICE PRESIDENT.

ELIZABETH MILLER IS THE NEW TREASURER.

AND LAUREN HELPER IS THE NEW SECRETARY.

TODAY, WE'VE HAD ONE MEETING WITH DR.

FIERRO. IT WAS PLEASANT AND PRODUCTIVE AND WE LOOK FORWARD TO WORKING WITH HIM.

YOU ALL AND THE REST OF THE CAMPUS IN A COLLABORATIVE WAY TO ACHIEVE OUR GOALS AROUND IMPORTANT ISSUES LIKE EQUITY AND COMPLETION.

IN ADDITION, I DON'T BELIEVE THAT WE WERE ABOARD VERY LONG BEFORE WE WERE ASKED TO WEIGH IN ON ON THIS RESOLUTION, WE HAVE NOT HAD A CHANCE TO SURVEY OUR CONSTITUENCY.

HOWEVER, AS A BOARD, WE UNANIMOUSLY SUPPORT THIS RESOLUTION.

WE BELIEVE THAT IT IS IN THE BEST INTERESTS OF THE HEALTH AND SAFETY OF THE CERRITOS COLLEGE EMPLOYEES AND STUDENTS.

SO THANK YOU FOR YOUR TIME.

APPRECIATE IT. THANK YOU, DR.

MAXTON. SO WITH THAT, WE'LL MOVE TO ITEM TWO POINT ZERO ONE, IT'S RECOMMENDED THAT THE

[2.01 Consideration of Adoption of Resolution #21-0804A Granting Authority to Develop a District Vaccination/Testing Program to Facilitate the Protection of the Faculty, Staff, and Students who Participate in District Educational Activities]

SECOND. THE EMOTIONAL SECOND, WOULD ANYONE LIKE TO DISCUSS THIS ITEM OR THEY? WE CAN HAVE A PRESENTATION.

EXCUSE ME, SIR.

YES, CAN WE GET A PRESENTATION ON THIS ITEM? ABSOLUTELY. THANK YOU. SO WHAT YOU SEE BEFORE YOU THIS EVENING IS A RESOLUTION TO ADOPT THE POLICY.

THEY REQUIRE SEVERE TESTING OR VACCINATION IN ORDER TO CONFIRM A LOWER RISK OF COVID-19 ON CAMPUS.

[00:35:02]

THAT REQUIRES ALL STATE EMPLOYEES TO FOLLOW THESE PARTICULAR GUIDELINES HAS TO BE PUT IN THRESHOLD FOR EMPLOYEES THAT ARE NOT IN THE HEALTH CARE INDUSTRY.

THE MANDATE IS ESSENTIALLY TO BE VACCINATED OR PRESENT PROOF OF NEGATIVE COVID-19 TESTS EVERY WEEK FOR THOSE WHO WORK IN THE HEALTH CARE INDUSTRY.

THE THRESHOLD IS A LITTLE HIGHER IN THE VACCINATION OR BEEN TESTED TWICE A WEEK, SO THAT ESSENTIALLY THE BASIC PARAMETERS OF THE MANDATE AND THE SAME MANDATE GO AND THEN USE THEM. ALSO ENCOURAGE ALL LOCAL GOVERNMENT AND OUTVOTING D TO AN ENTITY TO ADOPT HIS POSITION AND RESOLUTION.

NOW THERE ARE TWO SIDES TO THIS DISCUSSION AS THEY RELATE TO COMMUNITY COLLEGES.

THERE ARE SOME ARGUMENTS.

THE COMMUNITY COLLEGES, A LOCAL, THE GOVERNOR AND THE LOWER.

THEREFORE, THEY SHOULD NOT FOLLOW THE STATE MANDATES AND THEY ARE IN SOME CASES, THE SUPPORT OF THAT. NO.

OTHER HAND, THERE ARE SOME THAT SUPPORT THE FACT THAT COMMUNITY COLLEGE EMPLOYEES ARE, IN FACT, STATE EMPLOYEES AND SUBJECT TO THE STATE GUIDELINES.

AND THERE HAS BEEN A LONG TERM ONGOING DISCUSSION OF THESE.

AND MOST OF THE TIME IT COMES DOWN TO FUNDING.

IS THE STATE FUNDED AT THIS PARTICULAR POINT, IF NEEDED, HERE AND THERE? BECAUSE IN THE MONDAY, THE GOVERNOR DID NOT SPECIFICALLY ADDRESS COMMUNITY COLLEGES OR UNIVERSITIES SEEM TO SIMPLY ENCOURAGE LOCAL GOVERNMENT TO ADOPT THE SAME POSITION.

ONCE THAT HAPPENED, WE CONSULTED LEGAL FOLLOW FOR GUIDELINES CONFIRMING WHETHER OR NOT THE MANDATE DIRECTLY COVER US.

AND YOU WOULD RECEIVE THE SAME TO BE OR NOT.

SO WE'RE SEEING IT MORE AS WE'RE GOING TO TALK ABOUT IT.

WE'RE GOING TO BRING IT TO THE BOARD OF TRUSTEES AND WE'RE GOING ALLOWED THE DISCUSSION TO TAKE PLACE AND SEEK THE GUIDANCE OF THE BOARD OF TRUSTEES ON THIS ISSUE IN ORDER TO GET TO THIS POINT.

WE HAVE LONG AND HE SAID, VERY REPETITIVE CONVERSATIONS REGARDING WHETHER OR NOT WE SHOULD SIDE WITH THIS.

IF THE STATE MANDATES.

WE CAN SEE THE MULTIPLE POINTS OF VIEW ON THE CONVERSATION RANGE FROM MANY MONTHS OF FULL VACCINATION FOR EVERYONE, NOTHING AT ALL, OR WAIT AND SEE.

AND THIS PARTICULAR CASE, THE STATE MANDATE, IS A MANDATE THAT WE FELT MORE COMFORTABLE WITH RATHER THAN UNANIMOUSLY DECIDE FULL VACCINATIONS FOR EVERYONE, NO EXCEPTION ASIDE OF THE FEDERALLY MANDATED EXCEPTIONS.

THE REASON THAT WE FELT MORE COMFORTABLE WITH THE STATE MANDATE IS THAT HE EMBEDDED WITHIN THE MANDATE IS AN ACCOMMODATION.

THIS ACCOMMODATION ALLOWS ONE NOT TO GET THE VACCINE IF THEY ARE WILLING FOR ANY REASON.

AND OPTING OUT THE BEST THING WE CAN SEE THERE TWICE A WEEK, ONCE A WEEK, AND WE DECIDE THAT IT'S BETTER TO RECOMMEND THAT WE FOLLOW THE STRICT GUIDELINES FROM THE GOVERNMENT, THAT IS A ONCE A WEEK TESTING.

IN ADDITION TO THE ALREADY BUILT SECTION OF TESTING, OBVIOUSLY, EMPLOYEES WILL BE COVERED UNDER THE PROTECTIONS OF THE FEDERAL GOVERNMENT ON.

MEDICAL REASONS AND RELIGIOUS REASONS THAT ARE VERY SPECIFIC GUIDELINES AS TO HOW ONE SICK ONE OF THOSE EXCEPTIONS, HOWEVER, THERE IS ALREADY A BUILDING EXCEPTION.

THAT IS THE TESTING.

THAT'S AS I MENTIONED BEFORE, WE WE HAVE VERY LONG CONVERSATIONS.

AND EVENTUALLY ABOUT A WEEK AGO, THE CONSTITUENT GROUPS MET ALL OF US AND HAD THE CONVERSATIONS AND AGREED TO SUPPORT THE STATE MANDATE.

THESE INVOLVE ALL THE LEADERSHIP OF THE DISTRICT, INCLUDING THE VICE PRESIDENT'S

[00:40:03]

I MEAN, THAT'S CONFIDENTIAL, REPRESENTATIVE, THE PRESIDENT AND EXECUTIVE BOARD OF ACME.

IN A SEPARATE MEETING, I HAD THE OPPORTUNITY TO MEET WITH THE THREE BRANCHES OF THE STUDENT LEADERSHIP, AND THEY ALSO UNANIMOUSLY SUPPORT THESE DECISION, WE UNDERSTAND.

THAT THEY HAD OUR OBJECTIONS AND HESITATIONS MOVING THESE PARTICULAR THAT ACTION AND, WELL, SOME OF US WITHIN THE DISCUSSIONS PERSONALLY SHARE SOME OF THOSE HESITATIONS, SOME NEWS WE ARE MAKING THE DECISION BASED ON A PUBLIC HEALTH POINT OF VIEW, BASED ON THAT RESPONSIBILITY THAT WE DO FEEL TO ENSURING A HIGHER LEVEL OF SAFETY WHEN THE CAMERAS WERE NOT. OR AT LEAST I FEEL THAT EVERYONE WITHIN THE DISCUSSION HAS MADE THEIR BEST EFFORT NOT TO MOVE PERSONAL BIASES FORWARD.

SO OBVIOUSLY, I WILL NOT DISCLOSE OUR CONVERSATIONS, BUT I CAN TELL YOU THE OPINIONS CHANGE HAVE BEEN DIFFERENT.

BUT WE MET.

THE POINT THAT WE SAID, OK, THIS IS A BUILDING DECEPTION THAT RESPECT SOME OF THE CONCERNS THAT SOME OF OUR CONSTITUENTS HAVE.

THEREFORE, WE FELT THIS MONDAY WAS MORE MANAGEABLE AND A FULL VACCINATION MANDATE.

NOW, THERE ARE A NUMBER OF QUESTIONS AS THEY RELATE TO CASES INCREASING ON THE COUNTY.

SO, FOR INSTANCE, WE HAD HAD THREE DAYS IN WHICH WERE CASES DEEP BELOW TWO THOUSAND.

BUT TODAY, ONCE AGAIN, WE ARE IN THERE NEED THREE THOUSAND PLUS ACTIVE CASES.

NOW, ONE OF THE POSITIVE THINGS, ALTHOUGH I SAID POSITIVE WITH A GRAIN OF SALT.

BECAUSE OF THE MORTALITY RATE HAS BEEN REDUCED SIGNIFICANTLY.

THIS IS WHAT IT USED TO BE A YEAR AGO.

SO I THINK TODAY WE HAVE SOMEONE ON 20 OR 15 TO 20.

I CAN RECALL THE EXACT NUMBER, BUT WHAT DO YOU THINK WE'VE SEEN TO SIMILAR LEVELS? AS I RECALL, OUR HOSPITALIZATION RATES, THE OTHER CONCERN IS THAT AS THE DISEASE CONTINUES TO SPREAD WITHIN THE COMMUNITY, GIVEN OUR CURRENT GUIDELINES AND MANDATES FROM THE PUBLIC HEALTH DEPARTMENT, WE WILL BE AT A HIGHER RISK OF HAVING TO STOP ACTIVITIES ON CAMPUS BASED ON POSSIBLE OUTBREAKS.

UP TO THIS POINT, I WANT TO BE CLEAR.

OUR CAMPUSES HAVE SUCCESSFULLY NAVIGATED PANDEMIC FOR ABOUT 18 MONTHS AND WE HAVE NOT HAD ANY OUTBREAKS AS OF YET.

NOW, MIND YOU THAT THE NUMBER OF PEOPLE THAT WE HAVE HAD IN CAMPUS HAS BEEN SMALL AND THEY HAVE CREATED THIS VERY CLOSE CONNECTION, WHICH MAKES IT SIGNIFICANTLY EASIER TO IMPLEMENT CONTACT TRACING, SOCIAL LEADS TO THE SCENE AND OTHER SAFETY PROTOCOLS ON CAMPUS AS WE INCREASE THE NUMBER OF INDIVIDUALS ON CAMPUS.

OBVIOUSLY, OUR RISK OF HAVING AN OUTBREAK IS GOING TO INCREASE BY HAVING AN OUTBREAK.

I DON'T WANT TO SAY THAT PEOPLE WILL DIE OR HOSPITALIZED AND JUST SIMPLY BASED ON THE RULES, WHATEVER LEVEL OF POSITIVITY, REGARDLESS OF MY SYMPTOMS, IF YOU HIT THE THRESHOLD OF AN OUTBREAK IS AN OUTBREAK AND WE WILL SEE AN INTERRUPTION OF SERVICES BASED ON OUR CURRENT GUIDELINES. NOW, I DON'T WANT TO SAY THAT THIS RULE WILL PREVENT ONE HUNDRED PERCENT OF THE OUTBREAKS.

ONE HUNDRED PERCENT OF THE BREAK THROUGH.

SOME VACCINATIONS WILL PREVENT ANY ONE OF US FROM THE ONE HUNDRED PERCENT FREE OF COVID-19. NO VACCINE HAS BEEN DEVELOPED.

THAT MAKES US ONE HUNDRED PERCENT IMMUNE TO A PARTICULAR ILLNESS.

THE ROLE OF THE VACCINE IS TO PREVENT THE DEVELOPMENT OF THE DISEASE TO A LEVEL OF SEVERITY ON THE INDIVIDUAL THAT THE VACCINE HAS DONE.

IN THE SAME WAY, THE FLU VACCINE IS NOW THE FUTURE OF WHAT WE WILL HAVE TO DO.

OBVIOUSLY, IT'S UNKNOWN.

SO I WANT US TO CONSIDER THE WHAT IS HAPPENING TODAY AND WHETHER OR NOT THIS WILL PREVENT

[00:45:01]

THE CHANCES ARE EVEN IF YOU VACCINATED, THAT WILL HAVE THE ABILITY OF SPREADING THE DISEASE THAT WILL BE VIRULENT, WHICH IS VIRTUALLY THE SAME THAT HAPPENS WITH ANY VACCINE OR VIRAL INFECTION.

ONCE AGAIN, WE ANALYZE THE SITUATION BASED ON WHAT WE VISUALLY THOUGHT ON THE MONDAY.

THAT SAID, ALL VIEWS VARY WIDELY ON THE ENTIRE GROUP.

BUT WE DID THIS BASED ON WHAT WE THINK IS A GOOD MEASURE TO ADD AN ADDITIONAL LEVEL OF SAFETY WITHIN THE COLLEGE TO BE ABLE TO CONDUCT BUSINESS WELL, AT THE SAME TIME PROVIDING A BUILDING BUILDING EXCEPTION FOR THOSE WHO DO NOT WANT TO GET VACCINATED, TO HAVE A VENUE IN WHICH THEY ARE NOT MANDATED TO VACCINATE REGARDLESS OF THE RISK ON.

YOU CAN JUST SIMPLY ABOUT THIS, AGAIN, WE UNDERSTAND THAT IT'S NOT ACTUALLY A.

A UNANIMOUS DECISION ACROSS THE CAMPUS, BUT IT IS THAT RECOMMENDATION THAT WE MAY TAKE INTO CONSIDERATION THE FEEDBACK THAT WE HAVE RECEIVED AND ALL THE AVAILABLE DATA THAT WE HAD AT THE TIME.

ALL RIGHT, THANK YOU, DR.

FEDEROFF. WOULD ANYONE LIKE TO OPEN A DISCUSSION ON THIS ITEM? MR. BERGANZA, MR. PRESIDENT, I WOULD. SORRY TO INTERRUPT.

THERE IS ONE MORE COMMENT THAT NEEDS TO BE READ AND IF YOU DON'T MIND, BEFORE THE DISCUSSION PROBABLY WOULD BE WISE TO HEAR FROM THE.

THAT'S, OF COURSE.

THANK YOU. THANK YOU, AND IT'S MY FAULT I OVERLOOKED THIS COMMENT AND I'D LIKE TO APOLOGIZE TO PROFESSOR JULIE DAVIS.

SHE DID SUBMIT A COMMENT, SO IT READS AS FOLLOWS.

MY NAME IS JULIE DAVIS AND I'M A FACULTY MEMBER IN THE HISTORY DEPARTMENT.

I'M CURRENTLY SCHEDULED TO TEACH ON CAMPUS CLASSES THIS COMING FALL SEMESTER.

FOR WEEKS NOW, I'VE WATCHED AS THE NUMBERS OF SICK PERSONS IN LOS ANGELES COUNTY AND THE SURROUNDING SOUTHLAND HAVE BEEN ON THE RISE AND IT APPEARS THESE NUMBERS ARE NOT ABATING.

TO BE HONEST, I'M VERY SCARED TO RETURN TO CAMPUS.

I HAVE BEEN VACCINATED, BUT I WORRY ABOUT THE NUMBER OF BREAKTHROUGH CASES JUST IN OUR COUNTY ALONE. AS I LOOK AT THE VACCINE, I AM WORRIED ABOUT BEING ABLE TO MAINTAIN A BOOSTER AT THE SIX MONTH MARK, WHICH FOR ME OCCURS RIGHT IN THE MIDDLE OF THE FALL SEMESTER. IN LIGHT OF THE SPREAD OF THE DELTA AND NOW LAMBDA VARIANTS, I DO THINK THE COLLEGE SHOULD HAVE WAITED TO REOPEN ON CAMPUS CLASSES OR AT THE VERY LEAST BEEN LESS AGGRESSIVE WITH 50 PERCENT AS A PROJECTED ON CAMPUS GOAL.

I ASK IF STRESS IS AN ENEMY TO LEARNING.

AS WE HAVE BEEN TOLD MANY TIMES OVER THIS PAST YEAR, WHY DO WE THINK THAT RUSHING TO GET STUDENTS BACK INTO AN ENCLOSED CLASSROOM WHILE HIGH NUMBERS OF PEOPLE IN OUR COLLEGE SERVICE AREAS ARE GETTING SICK, IS PRODUCTIVE, CONDUCIVE TO LEARNING OR REASONABLE? NEEDLESS TO SAY, IF WE MUST RETURN TO CAMPUS, I'M IN FULL SUPPORT OF THE SARITA'S COLLEGE DISTRICT, REQUIRING ALL EMPLOYEES AND STUDENTS TO EITHER SUBMIT PROOF OF VACCINATION OR SUBMIT WEEKLY COVID-19 TESTING STARTING IMMEDIATELY.

HONORABLE BOARD MEMBERS.

TONIGHT'S DECISION AFFECTS THE FUTURE NOT ONLY OF OUR COLLEGE COMMUNITY, BUT ALSO THE FUTURE OF ALL THOSE WITH WHOM OUR COLLEGE COMMUNITY INTERACTS AS SUCH.

I SINCERELY HOPE THAT ALL OF YOU WILL KEEP THIS IN MIND AS YOU CAST YOUR VOTE THIS EVENING. THANK YOU.

LEWIS. MR. PRESIDENT, I RISE IN OPPOSITION TO THIS RESOLUTION BEFORE US FOR BOTH THE PROCEDURAL AND SUBSTANTIVE REASONS FOR THE AS FOR THE PROCEDURAL REASON, IF YOU LOOK AT THE RESOLUTION ITSELF, IT SAYS THAT THE COLLEGE DISTRICT, WHICH WOULD BE THE BOARD, HEREBY DIRECTS AND DELEGATES THE SUPERINTENDENT, THE AUTHORITY TO CARRY OUT THE RESOLUTION AND DEVELOP A VACCINE TESTING PROGRAM THAT WILL FACILITATE THE STAFF OF STUDENTS AND PARTICIPATE AND THEN FURTHER DOWN TO CARRY OUT THIS RESOLUTION AND ENSURE THE EXCEPTIONS.

SO WHAT I MEAN TO SAY IS THAT THERE IS NO PROVISION IN THIS RESOLUTION FOR DR.

[00:50:03]

I WOULD ASK THAT NO MATTER WHAT HAPPENS TONIGHT, THAT THEY COME BACK TO EITHER THE MEETING IN TWO WEEKS OR WE HAVE A SPECIAL SESSION AS SOON AS POSSIBLE TO DECIDE ON A FINAL RESOLUTION BASED ON OUR FEEDBACK FROM TODAY.

SO THAT'S THE PROCEDURAL OBJECTION.

BUT ON A SUBSTANTIVE OBJECTION, I BELIEVE THAT WE LIVE IN A SOCIETY THAT IS NOT A TYRANNY OF THE MAJORITY. I DO NOT BELIEVE THAT WE SHOULD BE A MAJORITY IN SOCIETY, NOR SHOULD WE BE MAJORITY IN COLLEGE.

WE HAVE HEARD FROM OUR EMPLOYEES, BOTH THE FACULTY MEMBERS AND THE CLASSIFIED, AND THERE IS A SIGNIFICANT MINORITY, IF NOT EVEN A EXACT, EVEN SPLIT AS PER THE CSK AS TO WHETHER OR NOT THEY BELIEVE THAT THIS IS A GOOD DIRECTION IN WHICH TO GO, IN WHICH TO GO WITH A MANDATE. I DO NOT BELIEVE THAT IT SHOULD BE OUR ROLE AS A COLLEGE DISTRICT TO ISSUE HEALTH MANDATES IN THIS RESPECT, ESPECIALLY WHEN THE FEDERAL DRUG ADMINISTRATION HAS NOT GIVEN A FULL AUTHORIZATION TO ANY OF THE VACCINES THAT ARE AVAILABLE.

IF THEY WERE TO GIVE A FULL ONE, THEN MAYBE THIS MIGHT BE A DIFFERENT CONVERSATION.

BUT AS OF NOW, I WOULDN'T CALL IT EXPERIMENTAL, BUT I WOULD CALL IT SOMETHING LESS THAN FULL CONFIDENCE IN THE VACCINES THAT WE ARE STILL LEARNING ABOUT TODAY.

WE DO NOT KNOW WHAT THE SITUATION IS GOING TO BE BASED ON ANYTHING THAT WE ARE LEARNING TODAY ABOUT LAMDA VARIANTS, DELTA VARIANTS, DELTA PLUS VARIANTS, ANYTHING THAT MAY COME ABOUT. SO TO INSTITUTE A POLICY THAT THE GOVERNOR HAS PUT FORWARD AS THE DISTRICT LEADERSHIP AND OTHERS HERE HAVE ENDORSED, I THINK WOULD CREATE A CLASS DIVIDE IN OUR STUDENTS AND IN OUR EMPLOYEES, WHEREBY THOSE WHO ARE VACCINATED AND THOSE WHO ARE UNVACCINATED ENJOY DIFFERENT FREEDOMS. DESPITE THE ACCOMMODATION THAT HAS BEEN BROUGHT FORWARD, IT IS STILL A BURDEN TO PUT ON STUDENTS AND EMPLOYEES THAT THEY NEED TO PUT OVER AN ADDITIONAL HURDLE IN ORDER TO COME AND WORK ON CAMPUS IN ORDER TO COME TO THE CLASSES ON CAMPUS.

AND ESPECIALLY ONEROUS THAT IT WILL BE ON SOME STUDENTS WHO MANY OF THEM HAVE TO JUGGLE WORK AND PROVIDING FOR DEPENDENTS AND DOING HOMEWORK AND JUST GETTING TO CLASS ON TIME TO HAVE A BUREAUCRATIC RED TAPE, QUITE HONESTLY, TO HAVE THEM GO THROUGH HAVING THIS APP WHEREBY THEY MUST CHECK IN, THEY MUST PUT A NEGATIVE RESULT.

ONLY IF THEY ARE UNVACCINATED, I BELIEVE PUTS AN ADDITIONAL BURDEN ON A STUDENT THAT IN MANY CASES WILL.

REPEL THEM FROM COMING TO CLASS ALTOGETHER OR EVEN ENROLLING IN CERRITOS COLLEGE AND THE FIRST PLACE. SO I DON'T THINK WE SHOULD BE IGNORING THE.

CONCERNS OF THE SIGNIFICANT MINORITIES OF OUR STAFF AND OUR MEMBERS, AND WITHOUT A VERY STRONG SUPERMAJORITY, I DO NOT FEEL COMFORTABLE MOVING FORWARD WITH THE MANDATE.

AND I HAVE MORE TO SAY, BUT I'LL LET MY OTHER BOARD MEMBERS WEIGH IN ON THIS ISSUE.

THANK YOU. THEY DO TRUST US ON THAT.

DO WE HAVE SOME OTHER TRUSTEES WHO'D LIKE TO WEIGH IN? I SUPPORT THE RESOLUTION BECAUSE I THINK AT THIS MOMENT WE NEED TO TRUST FOR THE SCIENCE AND AND I UNDERSTAND MAYBE THERE'S A MAJORITY MINORITY ISSUE, BUT I THINK WE HAVE TO THINK FOR THE BEST WAY TO PROTECT EVERYBODY.

SO THAT I SUPPORT A RESOLUTION.

THANK YOU. I'M IN SUPPORT OF THE RESOLUTION.

I'VE HAD FAMILY MEMBERS ACTUALLY PASSED AWAY FROM THIS, SO IT HAS IMPACTED OUR FAMILY IN A DIFFERENT WAY THAN MAYBE SOME OTHER FAMILIES HAVE.

AND SO THEY HAVE PASSED AWAY BECAUSE OF COVID-19, BECAUSE THEY DID NOT GET VACCINATED.

I DID GET VACCINATED, YOU KNOW, PRETTY MUCH AS SOON AS THE VACCINE CAME OUT AND I WAS

[00:55:06]

AND I FEEL THAT THIS IS THE ONLY WAY THAT WE CAN HAVE SOMEHOW THE STAFF FEEL SOME SORT OF SAFETY OF HAVING TO TEACH ON CAMPUS.

AND I KNOW SOME OF OUR STUDENTS DEEPLY NEED TO COME OUT ON CAMPUS BECAUSE ONLINE FOR SOME OF THESE STUDENTS JUST DOES NOT WORK.

AND IT'S NEGATIVELY IMPACTING THEM BECAUSE THEY CANNOT UNDERSTAND UNLESS THEY HAVE A LIVE CONVERSATION. WE ALL LEARN DIFFERENTLY.

AND I THINK WE NEED TO HAVE THAT OPTION.

AND BUT WE ALSO NEED TO PROTECT OUR STAFF, OUR TEACHERS AND THOSE STUDENTS.

AND BY OFFERING THEM AN OPTION OF EITHER YOU GET VACCINATED IF YOU WANT TO DO IT OR YOU GET COVERED, TESTED FOR THE SAFETY OF OUR STAFF AND THE REST OF OUR STUDENTS BECAUSE I'VE SEEN THE IMPACT PERSONALLY.

I FEEL MAYBE THAT'S WHY I'M IN A DIFFERENT PLACE THAN SOME OTHER PEOPLE.

AND I SEE IT. AND RIGHT NOW, I JUST GOT A REPORT OF INCREASED HOSPITALIZATIONS IN ONE OF THE SITES THAT I TAKE STUDENTS TO.

SO I'M BEING VERY DILIGENT AND CAREFUL WITH MY STUDENTS RIGHT NOW BECAUSE OF THIS.

I JUST FINISHED THE VACCINE CLINIC WITH JUST GETTING HIGH SCHOOL STUDENTS AND MIDDLE SCHOOL STUDENTS VACCINATED FOR THOSE PARENTS THAT ARE CHOOSING TO HAVE THEIR STUDENTS VACCINATED. WE'RE CONDUCTING.

LAST WEEK, I CONDUCTED AND HELPED ON A UNIFIED WITH A VACCINE CLINIC.

I AGAIN TODAY, YESTERDAY AND AGAIN NEXT WEEK.

I WILL BE HELPING THE DISTRICT WITH VACCINATIONS SO THAT WE CAN PROTECT THOSE THAT WANT TO GET VACCINATED.

AND TALKING ABOUT.

BECAUSE I KNOW THAT THAT GROUP TENDS TO NOT WEAR THE MASK AND TEND TO BE CLOSER, TENDS TO HAVE A DIFFERENT VIEW OF WHAT WILL HAPPEN TO THEM.

SO I KNOW THAT THERE ARE EXTREMELY HIGH RISK POPULATION WANTS TO COME BACK ON CAMPUS.

THAT'S JUST MY OPINION.

THANK YOU, CHRISTINE TSUBAKI, I'D LIKE TO CHIME IN, IF I MAY.

THIS IS SALVO'S.

WELL, FIRST OF ALL, I WANT TO JUST THANK EVERYONE WHO HAS MADE TIME TO BE ON THEIR CALL TONIGHT OR IN OUR MEETING.

AND CERTAINLY FOR THE FOLKS WHO CALLED IN AND LEFT MESSAGES, WHO EMAILED THEIR COMMENTS, AND TO ALL OF THE LEADERS OF ALL OF THE GROUPS, STAKEHOLDERS ON OUR CAMPUS, FROM CSU TO KIEV TO ALL OF THE VARIOUS GROUPS ASKED ME, I JUST WANT TO SAY WE THANK YOU.

WE HEAR YOU. AND WE RECOGNIZE THAT THIS IS IT'S A BALANCING ACT, RIGHT.

FOR THE GOOD OF THE MAJORITY OR THE GOOD OF ALL.

AND SO RECOGNIZING THAT YOU'RE HEARING EVERYTHING AND WE'VE HEARD TONIGHT FROM IT'S NOT FDA APPROVED TO WHERE MY RIGHTS TO GO, WHAT ARE THE RIGHTS OF THE FACULTY TO WHAT ARE THE RIGHTS OF THE POPULATION TO BASICALLY EVERYTHING.

AND SO I WILL SHARE WITH YOU THAT I ECHO THE SENTIMENTS OF MY TWO PREVIOUS COLLEAGUES, BOARD MEMBER, CHYNN LOU AND BOARD MEMBER PACHECO.

I THINK ALL OF US HAVE BEEN PERSONALLY HIT WITH FAMILY MEMBERS PASSING FROM KOVEN, AND IT'S A DEVASTATING TYPE OF DEATH.

THIS HAS BEEN THE WORST TIME TO HAVE SOMEONE PASS BECAUSE YOU WEREN'T ALLOWED TO BE WITH YOUR LOVED ONES. IT'S STILL VERY PAINFUL TODAY TO THINK ABOUT THE LOSS OF LIFE AND THE LACK OF EMPATHY THAT WE WERE ABLE TO EXPRESS FOR OTHERS DURING THIS TIME.

AND SO THAT WEIGHS HEAVILY ON ME PERSONALLY.

BUT THE OTHER THING THAT I THINK ABOUT IS RECOGNIZING WHAT BOARD MEMBER BYTECODE JUST NOTED IN TERMS OF THE PROBABLY THE MORE HIGH RISK POPULATION IS OUR YOUNG PEOPLE.

OUR YOUNG PEOPLE ARE NOTORIOUS FOR DOING OR ONE FOR NOT FOLLOWING MUCH OF THE PROTOCOL BECAUSE THEY CARE TO BE AROUND THEIR FRIENDS.

THIS IS THE GROUP OF FOLKS AND YOUNG PEOPLE WHO WANT TO BE RIGHT IN SCHOOL WITH THEIR PEERS TO SOCIALIZE.

WE RECOGNIZE THAT THAT IS THE GROUP OF POPULATION THAT WE REALLY NEED TO BE TARGETING

[01:00:01]

AND JUST TODAY, I HAVE THREE KIDS PRACTICE DIFFERENT SPORTS TODAY AND ALL OF THEIR HIGH SCHOOLS ARE MANDATING THEM TO VOLUNTARILY OFFER SHOWING THEIR VACCINATION CARDS.

AND I'M NOT GOING TO LIE ABOUT THE FACT THAT I'VE HAD MY OWN KIDS.

RIGHT. KIND OF PUSH BACK SAYING, HEY, MOM, IT'S NOT FDA APPROVED.

HEY, MOM, THIS CAME ON THAT.

BUT ULTIMATELY, AS A RESPONSIBLE ADULT, I HAVE TO MAKE CHOICES THAT NOT EVERYBODY IS GOING TO BE HAPPY. AND I RECOGNIZE THAT.

AND SO THAT IS PART OF THE BURDEN THAT WE TAKE ON AS BOARD MEMBERS.

BUT I THINK AT THE END OF THE DAY, WHEN I THINK ABOUT WHAT IS GOING TO BE, I GUESS, THE BEST SOLUTION, IF WE CAN CALL IT A SOLUTION, MORE OF A OPPORTUNITY TO REALLY SAFEGUARD THE MAJORITY OF THOSE FOLKS THAT WE SERVE, I'M GOING TO BE IN SUPPORT OF THIS RESOLUTION BECAUSE I RECOGNIZE THAT WE EACH HAVE INDIVIDUAL RIGHTS, BUT WE SHOULD NOT TRUMP THE RIGHT TO BE ABLE TO HAVE A HEALTHY ENVIRONMENT FOR ALL THOSE WHO WISH TO COME TO CAMPUS.

AS MANY OF YOU KNOW, MY SON WILL BE ATTENDING UC DAVIS THIS FALL.

HE CANNOT STEP ONTO THAT CAMPUS WITHOUT BEING FULLY VACCINATED.

AND SO, YOU KNOW, I'VE HAD BOTH ENDS OF THE SPECTRUM IN MY HOME WHERE YOU HAVE SOME WHO ARE NOT IN FAVOR OF THE VACCINE AND SOME WHO HAVE TO HAVE IT IF THEY WANT TO GO TO SCHOOL. AND SO THOSE ARE THE CHOICES WE HAVE TO MAKE, RIGHT, AS PARENTS, CERTAINLY AS MEMBERS OF A LARGER COMMUNITY.

AND SO FOR ME, I'M GOING TO SIDE WITH SCIENCE AND RECOGNIZING THAT NOT EVERYTHING IS FDA APPROVED. RIGHT. PEOPLE STILL TAKE VITAMIN SUPPLEMENTS.

MANY OF THOSE ARE NOT APPROVED AND THEY CONTINUE TO BELIEVE IN THE OUTCOME OF WHY THEY'RE DOING CERTAIN THINGS RIGHT.

AND SO RECOGNIZING THAT WE DON'T HAVE A PERFECT SOLUTION, I THINK AT THIS POINT IN TIME THIS IS A BETTER SOLUTION.

RIGHT, THAN HAVING NOTHING IN PLACE FOR OUR EMPLOYEES, NOTHING IN PLACE FOR OUR STUDENTS, NOTHING IN PLACE FOR ALL OF THOSE FOLKS WHO WANT TO BE PART AND IN PERSON TO BE ABLE TO SAFEGUARD THOSE OPPORTUNITIES FOR THEM.

AND SO HAVING SAID THAT, I KNOW I SHARE QUITE A BIT, BUT I THINK AT THE END OF THE DAY, I'M COMFORTABLE WITH MOVING FORWARD AND SUPPORTING THIS RESOLUTION SIMPLY BECAUSE I FEEL THAT THE ULTIMATE GOOD FOR ALL IS BETTER THAN JUST IGNORING.

AND EVEN THOUGH SOME HAVE SAID IT'S 50 50, THIS IS NOT A WIN OR LOSE SITUATION, IN MY OPINION, THIS IS A LIFE OR DEATH SITUATION.

AND SO I WANT TO BE ABLE TO PROVIDE THOSE OPPORTUNITIES TO CONTINUE TO SUPPORT HIGHER EDUCATION, BUT MORE IMPORTANTLY, MAKING SURE THAT WE AS A PUBLIC WHO ENGAGE IN THESE CONVERSATIONS WHEN WE LOOK AT THE GREATER GOOD OF ALL.

AND SO FOR THAT ALONE, I'M GOING TO BE SUPPORTIVE OF THIS RESOLUTION TO.

AND THAT THAT'S THAT'S IT FOR ME.

THANK YOU. THANK YOU.

TO SEE ALL THOSE. I HAVE ONE MORE TRUSTY TRUSTY IT THAT I HAVE A WHOLE BUNCH OF QUESTIONS, NOT REALLY COMMENTS, BUT QUESTIONS, OF COURSE.

OK, LET ME START OFF WITH NUMBER ONE.

HOW ARE WE GOING TO MAKE SURE THAT OUR EMPLOYEES REMAIN WHOLE FINANCIALLY? THAT WAS A COMMENT THAT WAS BROUGHT UP, I BELIEVE, BY THE USDA FOR THOSE FOR THOSE EMPLOYEES WHO NEED TO TO NOT GET VACCINATED AND INSTEAD GO THE ONE TIME TESTING PER WEEK.

THAT'S. I DON'T UNDERSTAND THE QUESTION, MEANING YOU THINK THIS IS THE IMPLICATION FOR US ABOUT WHO'S COVERING THE COST OF THE TESTING? WELL, THAT'S THAT'S A QUESTION, TOO.

I HAD TO, BUT.

AS I UNDERSTAND IT, THERE ARE CERTAIN EMPLOYEES WHO DON'T WANT TO COME BACK, RIGHT? THEY DON'T WANT TO COME BACK AND THEY FOR WHATEVER REASON, WHICH I UNDERSTAND AND I RESPECT THEIR INDIVIDUAL HEALTH CARE CONCERNS OR THEIR FAMILY CONCERNS OR WHATEVER CONCERNS THEY ARE.

AND I GUESS I JUST WANT TO MAKE SURE THAT THEY'RE NOT GOING TO LOSE THEIR SALARY AND THEIR BENEFITS BY NOT.

BUT NOT AGREEING TO BE VACCINATED.

THAT IS PART OF THE REASON THAT WE ALL SUPPORTED THE HYBRID APPROACH, BECAUSE THE VACCINATION IS NOT ABSOLUTE, THE VACCINATION IS.

WHAT IS SUSPECTED IF YOU DON'T HAVE IT? WE'RE NOT GOING TO MAKE IT, MAKE YOU FORGET IT, OR ELSE WE'RE GOING TO SAY, FINE, GET

[01:05:01]

SO THAT IS SORT OF WHAT WE SAW AS A COMPROMISE WHEN IN OUR DISCUSSION WE HAD PEOPLE ON THE SPECTRUM. IT WAS LIKE A FULL BLOWN VACCINATIONS AND DON'T DO NOT DO ANYTHING.

SO WE FELT THAT THIS WAS A WAY TO LOOK AT THE GREATER GOOD AND TRY TO INCREASE THE PUBLIC SAFETY WITHIN OUR CAMPUS WHILE AT THE SAME TIME PROVIDING AN OPTION OF NOT GETTING VACCINATED WITHOUT GETTING INTO BEING THE JUDGE OF.

WELL, I BELIEVED YOU ON THESE MEDICAL REASON, BUT NOT IN THIS ONE.

I DON'T NECESSARILY THINK THAT YOU TRULY BELIEVE ON THAT.

SO I'M NOT ONE TO BELIEVE THE RELIGIOUS EXEMPTION IS FINE.

YOU DECIDE YOU'RE VACCINATED, VACCINATED, OR YOU GO ON TO TESTING.

AND I THINK THAT IS WHAT HELPED MOVE THE CONVERSATION ALONG AND WHAT IT WILL PROVIDE ALTERNATIVES AS WE CONTINUE TO MOVE FORWARD.

I THINK THAT IS WHAT MAKES OUR POLICY A BIT DIFFERENT AND MORE FLEXIBLE THAN WHAT WE SEE IN SOME OF OUR NEIGHBORING COMMUNITY COLLEGES, AND PARTICULARLY THEY USE THESE KEY ISSUES. GOOD.

I'M GLAD TO HEAR THAT. BUT WE'RE NOT TALKING ABOUT VACCINATION OR TERMINATION.

THAT WAS INCREDIBLY CLEAR IN THE BEGINNING FOR ALL OF US, I THINK.

OK, WELL, THAT'S GOOD TO HEAR.

I'M GLAD THAT WE'RE NOT GOING TO NOT BE SUPPORTIVE OF EMPLOYEES WHO CHOOSE A DIFFERENT ROUTE AND SO ON THAT ROUTE ON THE TESTING.

SO IF I'M AN EMPLOYEE, I HAVE HEALTH INSURANCE TO TAKE ABOUT, THEN I'M A FULL TIME EMPLOYEE. I HAVE HEALTH INSURANCE HERE AT THE COLLEGE AND I GET TESTED AND IT FILLS MY INSURANCE. I GET INSIDE OR I GO TO THE HEALTH CENTER AND I GET TESTED EVERY WEEK AND I GUESS SOMEBODY ELSE PAYS FOR THAT.

HOW DOES THAT WORK? BECAUSE THE ONLY REASON WHY I SHARE THIS WITH YOU, DR.

FIERRO, IS WE GOT OUR FAMILY GOT TESTED AFTER ONE OF THE ISSUES AT THE SCHOOL.

AND I GOT A BILL FOR ME AND NOT A BILL FOR MY CHILDREN.

RIGHT. SO I'M LIKE, WHAT'S UP WITH THAT? WENT TO THE SAME PLACE. YOU HAVE THE SAME HEALTH INSURANCE.

AND I JUST WANTED TO SEE THAT.

SO PEOPLE UNDERSTAND, ARE THEY SUPPOSED TO USE THEIR OWN PERSONAL HEALTH INSURANCE OR ARE THEY SUPPOSED TO GO TO THE STUDENT HEALTH CENTER? THAT THE SPECIFICS OF THAT, ADRIANNA, CORRECT ME IF I'M WRONG, THIS WILL FALL WITHIN IMPACTS AND EFFECTS.

SO WE WILL HAVE TO KIND OF WORK.

I DON'T KNOW THE DETAILS OF THAT WITH EACH ONE OF THE LABOR GROUPS.

HOWEVER, WITH THAT SAID, SPEAKING FROM PERSONAL EXPERIENCE, I HAVE BEEN TESTED THAT MORE TIMES THAT I CAN THAT I CARE TO HAVE A TO HAVE MY NOSE.

AND AT NO TIME I HAVE EVER PAID FOR A TEST.

SO I HAVE UTILIZED EVERY TIME THE COUNTY SIDE HAS TAKEN ME WITH DRIVING TIME, IT HAS TAKEN ME ABOUT THIRTY FIVE MINUTES TO GET THERE, GET TESTED AND GET BACK TO THE OFFICE OR HOME. SO TO ONE OF THE OPTIONS WHICH I KNOW OF A COUPLE OF COLLEGES, THE AREA THAT ARE USING THAT AS THEIR PRIMARY OPTION, UTILIZING FREE PASS THE COUNTY TESTING LOCATIONS. THEY THE OTHER OPTION, WE ARE INCREASING OUR CAPACITY.

AND DR. MANALE OFFICE AT THIS POINT IS OPEN TO EVERYONE BY APPOINTMENT.

HOWEVER, ONCE WE INCREASE OUR CAPACITY, WE WILL EXPLORE THE POSSIBILITY OF HAVING SOME OPEN HOURS WITHIN A TENTH OR SOMETHING IN WHICH PEOPLE JUST SIMPLY SHOW UP, THAT IS, HAVE NO SPACE ON A CONTRACT THAT WE HAVE WITH THE STATE.

HOWEVER, WE ARE PUTTING A SPECIFIC NUMBER OF TESTS A WEEK AND AT THIS PARTICULAR TIME IS GOING TO BE SOMEWHERE AROUND THIRTY TWO HUNDRED THIRTY FIVE HUNDRED.

BUT I'M EXPECTING THAT TO INCREASE.

THAT'S MORE TO CONTINUE TO DO THAT THE THE MANDATE.

NOW, THAT IS SOMETHING THAT I WANT TO RECOGNIZE.

AS WE SAID, WE CONSIDER THE OPTION ON CAMPUS.

AND AGAIN, DETAILS NEED TO BE, I DON'T KNOW, WITH ALL THE GROUPS, I'D SAY SOME IMPACTS AND EFFECTS OF THE IMPLEMENTATION OF THIS.

BUT WE ALSO HAVE TO RECOGNIZE WHEN WE TALK ABOUT RESPECTING PEOPLE'S CHOICE OF GETTING VACCINATED OR NOT, OR WE ALSO NEED TO RESPECT PEOPLE WILLINGNESS TO BE TESTED ON CAMPUS.

IF I DON'T WANT SOMEONE SEEING ME TESTED BECAUSE I DON'T WANT ANYONE TO KNOW MY STATUS.

THE ONLY OPTION SHOULD NOW BE TO TEST SOME COMPANIES.

I THINK HAVING THE OPTION OF SUBMITTING IT ON TESTS SHOULD BE A CONSIDERATION FOR THOSE

[01:10:02]

AND 10:00 A.M.

ON THE ENTIRE COMPANIES KNOW THAT EVERY ONE DAY AND PERMISSIBILITY BETWEEN THAT TIME AND THAT TIME IS LIKELY GOING FOR TESTING.

SO I THINK THAT THAT IS SOMETHING THAT WE NEED TO BEGIN CONSIDERATION TO RESPECT THAT CHOICE AND THE PRIVACY OF THE INDIVIDUAL.

YES, I THINK THAT'S DEFINITELY SOMETHING THAT REALLY NEEDS TO BE EXPLAINED AND BE VERY DELIBERATE. AND HOW YOU RECOMMEND A TESTING OPTIONS SPECIFICALLY FOR STUDENTS, BECAUSE I DID GET A BILL FOR TWO HUNDRED DOLLARS, WHICH I DID NOT PAY, AND I ASSUME IT JUST WENT AWAY. RIGHT. BUT IF I DID NOT KNOW THAT I WOULD HAVE I WOULD HAVE PAID, YOU KNOW, AND I DON'T WANT ANYONE TO BE IN THAT FINANCIAL SITUATION BECAUSE THEY WANT TO EITHER COME TO WORK OR THEY WANT TO GO TO GO TO SCHOOL.

SO, AGAIN, HOPEFULLY WE WILL SPEND A LOT OF TIME REALLY THINKING THAT THROUGH AND MAKING SURE THAT OUR STUDENTS ESPECIALLY UNDERSTAND THAT THERE ARE OPTIONS TO MEET THIS GOAL THAT'S NOT GOING TO FINANCIALLY IMPACT THEM.

OK, THE NEXT QUESTION IS, WHAT ABOUT VISITORS OR CONTRACTORS OR VENDORS? DOES THIS APPLY TO THEM? WE HAVE SOME SPECIFIC GUIDELINES FOR OUR ENTRY FOR BANDERS ON CAMPUS, SO IF THEY ARE TEMPORARY INDIVIDUALS, THEY HAVE TO GO THROUGH THE SAME CHECKOUT PROCEDURES IN ORDER TO COME IN IF THEY ARE PERMANENT ON CAMPUS.

WE ARE GOING TO HAVE TO WORK WITH THEM.

THE DETAILS AS TO HOW WE ENSURE THAT THEY PROVIDE ONE OR THEY GO WITH IT.

AND I'M TALKING ABOUT MOSTLY THOSE THAT HAVE INTERACTIONS WITH OUR STUDENTS AND FACULTY, ESPECIALLY FOOD PROVIDERS.

I THINK THAT THE FIXATION THAT WE NEED TO HAVE NOW, FOR NOW, WE HAVE SOME VERY SPECIFIC PROCEDURES. YES, I WOULD DEFINITELY LOOK INTO THAT BECAUSE I UNDERSTAND SOME OTHER COMMUNITY COLLEGES HAVE REQUIRED THAT AS WELL.

THEY ARE REQUIRING ALL OF THEIR VENDORS IF THEY CONTRACT WITH THE SHERIFF'S DEPARTMENT OR WITH THE LOCAL POLICE DEPARTMENT.

SO, AGAIN, I THINK JUST TO MAKE SURE THERE'S NO GRAY AREA THERE SO PEOPLE AREN'T DOING THAT. I NEED TO GET THAT SAY OR DO I NOT? OK, SO THAT WOULD BE ANOTHER THING IN FORCE.

HOW DO YOU ENFORCE THIS? I KNOW. YES, YOU HAVE THE BRACELETS, BUT WHAT IF THERE IS A STUDENT OR THERE SOMEONE WHO REFUSES TO TO GO THROUGH THE PROCESS? IS THAT GOING TO BE UP TO THE PROFESSOR THEN TO ADDRESS THIS SITUATION OR WHAT'S WHAT'S THE PROCEDURE? WHAT'S THE BACKUP? WHAT'S THE SUPPORT? INITIALLY, WE WILL FOLLOW TRADITIONAL PROTOCOLS THAT ARE OUTLINED IN OUR RETURN TO CAMPUS PLAN.

HOWEVER, ANYTHING BEYOND THAT WILL HAVE TO BE DISCUSSED AND NEGOTIATED AND AGREED UPON WITH THE BARGAINING UNITS AGAIN, BECAUSE THAT IS, IN FACT, THE IMPLEMENTATION.

SO SO WE HAVE TO COME UP WITH SOME SOLUTIONS THAT ARE WORKABLE FOR EVERYONE.

BUT THE SPECIFICS WILL HAVE TO BE AGREED UPON.

AND WHICH ESSENTIALLY WHAT I'M TRYING TO SAY IS THAT HOPEFULLY THEY WILL USE BOTH THE WORD SIGN WITH TAXPAYER AND WE WILL HAVE TO BE OPEN FOR THEM FOR WHATEVER THE VARIATION MAY BE, SPECIFYING SOME OF THE DETAILS OF THE IMPACT OF THE IMPLEMENTATION OF THE POLICY.

OK. OK.

SO, YES, I GUESS YOU'LL GET BACK TO US ON THAT THEN.

A NUMBER OF DAYS AFTER YOU TEST POSITIVE, HOW MANY DAYS DO WE NOT ALLOW THEM TO COME BACK ON CAMPUS, EITHER EMPLOYEES OR STUDENTS? SO THERE ARE TO THERE ARE A COUPLE OF LAYERS TO THAT ONE.

SO IF YOU ARE POSITIVE, YOU ARE NOT ALLOWED BACK ON CAMPUS UNTIL YOU TEST NEGATIVE AGAIN TRADITIONALLY AND THEY STAND FOR 14 DAYS, THAT ARE ALSO VARIATIONS OF, FOR INSTANCE, PROBABLY PROBABLY NOT A STAY VACCINATED AND UNVACCINATED.

SO THAT IS A SEVEN.

AND AND THEY WINDOWS SEVEN, THEY WINDOW WITH A NEGATIVE TEST AND THEY WINDOW.

IF YOU DON'T BACK IN VACCINATED, DON'T HAVE SYMPTOMS, THEN YOU DON'T HAVE A TEST.

SO THAT'LL BE PUT IN PLACE.

SO WHEN AND HOW LONG CAN BE CAMPUS? PERHAPS DR. MENNELLA COULD EXPAND A LITTLE BIT ON THAT.

[01:15:07]

PHIL IS CORRECT, IT JUST DEPENDS ON EACH CASE, IT VARIES.

EACH CASE IS DIFFERENT DEPENDING ON WHETHER YOU'RE UNVACCINATED OR YOU'RE VACCINATED.

AND LET ME GIVE YOU WHAT WE ARE PRIMARILY SEEING HERE ON CAMPUS.

WE'RE PRIMARILY SEEING ARE POSITIVE CASES.

WITH SYMPTOMS, NOT ALL OF THEM ARE POSITIVE, CASE IS ASYMPTOMATIC, UNVACCINATED, AND THOSE PEOPLE WE FOLLOW FOR A 10 DAY PERIOD AND EVERY OTHER DAY WE CHECK IN TO SEE HOW THEY'RE DOING THEIR SYMPTOMS. SOMETIMES THEY MAY FORGET TO MENTION SOMETHING TO US THE FIRST DAY.

AND SO THE KEY HERE, WE WANT THEM TO GET THESE SYMPTOM FREE, PARTICULARLY TWENTY FOUR HOURS WITHOUT A FEVER, WITH FEVER, REDUCING MEDICATION, WITHOUT FEVER, REDUCING MEDICATION. AND I CAN TELL YOU, JUST TODAY WE HAD A CASE WHERE WE HAD AN UNVACCINATED POSITIVE STUDENT THAT WE'VE HAD IN QUARANTINE FOR THE THE 10 DAYS.

HOWEVER, THAT INDIVIDUAL STARTED WITH SYMPTOMS TODAY, SO WE DIDN'T RELEASE THEM.

SO THAT IT JUST REALLY VARIES.

BUT WHAT WE SEE ON CAMPUS TENDS TO BE UNVACCINATED, POSITIVE, SYMPTOMATIC CASES.

OK, THANK YOU.

DOES THAT ANSWER YOUR QUESTION? THANK YOU VERY MUCH.

OK, LADIES, HOW LONG ARE WE GOING TO HOW LONG IS THIS RESOLUTION LAST? I NOTICE THERE WAS NO END DATE.

WELL, THAT IS.

THAT IS A REALLY GOOD QUESTION, AND I DO NOT HAVE AN EXACT ANSWER FOR THAT, IF I GO BY THE PUBLIC HEALTH RECORDS REPORTS AT THIS POINT, WE CAN BE TALKING ABOUT A COUPLE OF YEARS OF DEALING WITH SOME LEVEL OF VARIATIONS OF OUTBREAKS IN THE COMMUNITIES IF VACCINATION LEVELS TO INCREASE.

SO. THAT IS SOMETHING THAT WE ALL HEARD ALL THE TIME ON THE IN UNITY.

SO WHEN WE FIRST BEGAN THE PROCESS, WE GOT TO SIX WEEKS AGO THAT WE WERE HAVING TWO HUNDRED CASES.

THE CALCULATION, THE MATHEMATICAL UNITY WAS ESTIMATED ANYWHERE BETWEEN 75 AND 80 PERCENT OF COMMUNICATION.

THAT'S SOMETHING MEAN. EIGHTY FIVE PERCENT OR 80 PERCENT OF THE POPULATION VACCINATED AGAINST IMMUNIZE, BUT IT'S NATURAL IMMUNITY OR VACCINATED WITH THE CURRENT OUTBREAK OF THE CURRENT RATE OF INFECTION.

THE FORMULA IS SHOWING SOMETHING SIGNIFICANTLY HIGHER ANYWHERE.

SOME CALCULATIONS ARE SHOWING ANYWHERE BETWEEN EIGHTY FIVE TO NINETY FIVE PERCENT OF THE POPULATION. THIS IS NOT NECESSARILY IN CARE OF THE SMALLPOX, THE CHICKEN POX AND ALL THAT. WE HAVE VACCINATION RATES TO PREVENT FUTURE OUTBREAKS OVER 90 PERCENT, ONE BEING AS HIGH AS NINETY FIVE PERCENT OF THE POPULATION IN ORDER TO PREVENT THAT.

I REALLY DOUBT THAT WE WILL GET TO THOSE NUMBERS IN THE VERY NEAR FUTURE.

ALTHOUGH THE VACCINATION RATES ARE INCREASING, WE ARE HOVERING IN THE HIGH 50, 60 PERCENT OF FULLY VACCINATED PEOPLE, WHICH DELAYS THE IMPACT.

NOW, AS MORE PEOPLE GET INFECTED OVER THAT SHORT PERIOD OF TIME, WHICH IS NOT NECESSARILY UNIQUE TO US, BUT THIS IS SOMETHING THAT IS HAPPENING ACROSS THE GLOBE.

THE POSSIBILITY OF GETTING OF THE ORGANIZATIONS LIKE WE MENTIONED, THAT A PROBLEM, THOUGH THE UK RADIATION INCREASES SIGNIFICANTLY SO WELL, A MUTATION COULD LEAD TO A VIRUS THAT IS LESS CONTAGIOUS.

IF WE LOOK AT THE RATE OF INFECTION OF THE ORIGINAL VARIANT WAS TWO POINT FIVE PERCENT.

THEY ARE ALL IN THE UK, AN INCREASE TO, I THINK FOUR POINT FIVE OR FIVE PERCENT.

AND NOW THE DELTA IS ON A POINT, WHICH MEANS THAT ONE PERSON CAN INFECT AT LEAST EIGHT PEOPLE OR MORE. SO HIGH RATE OF INFECTION.

ALL I'M TRYING TO SAY HERE IS THAT A MUTATION COULD DEVELOP.

IT'S NOT LIKELY THAT SEE THAT MORE CONTAGIOUS THAN THE DELTA THAT COULD PROLONG OR DEALINGS WITH THESE OR JUST SIMPLY RESISTANT OR MORE RESPONSIVE, NOT A SYSTEM THAT'S RESPONSIVE TO THE VACCINE, NECESSITATING TWEAK ON THE VACCINE IN ORDER TO TO TO MAKE IT WORK. SO I DON'T HAVE TO SAY IT WILL END DECEMBER.

[01:20:04]

SO I THINK I NEED TO HAVE A RECOMMENDATION DOWN THE RESOLUTION BECAUSE I DON'T THINK I'M COMFORTABLE SUPPORTING A RESOLUTION LIKE THIS WITHOUT AN END DATE.

SO I DON'T KNOW WHAT THAT DATE IS, DR.

FARROW, BUT I WOULD NEED TO SEE THAT AND THE RESOLUTION, SEE THE TA TA TA TA GHETTO'S ON THE RIGHT TRACK.

I WILL I WILL MAKE IT EXPIRED BY THE END OF THE ACADEMIC YEAR.

30TH TWENTY TWENTY TWO.

OK, YEAH. I THINK JUST TO HAVE CERTAINTY I THINK FOR, FOR OUR EMPLOYEES AS WELL AS FOR CURRENT STUDENTS AND MANY PROSPECTIVE STUDENTS WHO, YOU KNOW, WHO THIS MAY BE AN ISSUE FOR THEM TO ATTEND, I THINK THAT WOULD BE GOOD TO HAVE.

AND THEN MY LAST QUESTION I HAVE IS ON THIS ON THE LAST PARAGRAPH OF THE RESOLUTION, I DON'T KNOW WHAT THIS MEANS IF THE THE LAST FOUR, BE IT FURTHER RESOLVED.

OK, SO IT'S THE AUTHORITY TO CARRY OUT THIS RESOLUTION AND SHARE THAT EXCEPTIONS TO THE VACCINATION POLICY TO BE CAREFULLY CONSIDERED THAT POTENTIAL PARTNERSHIP CENTERS BE FULLY EXPLORED AND THAT ALL APPROPRIATE COLLECTIVE BARGAINING OBLIGATIONS ARE OBSERVED.

SO WHAT DOES THAT MEAN? SO EXCEPTIONS THAT ARE FULLY EXPLORE THE LAW REQUIRES, AS I MENTIONED EARLIER, TO ALLOW MEDICAL EXCEPTIONS FOR RELIGIOUS EXCEPTIONS THAT HAVE SOME BENCHMARKS THAT ONE HAS TO MEET IN ORDER TO TO.

TO BE GRANTED THAT EXCEPTION, SO WE HAVE TO OBVIOUSLY WITHIN THE PROCEDURE THAT WILL PRESENT TO YOU VERY CLEARLY ARTICULATE THOSE PIECES SO WE ARE NOT IN VIOLATION OF THE LAW. THE SECOND PART WHICH RELATES TO INCENTIVES, THAT IS AN INCENTIVE THAT WAS PROVIDED BY PRESIDENT BIDEN ESSENTIALLY SAYS EVERYONE SHOULD GET ONE HUNDRED DOLLARS FOR GOING BACK TO INNOVATE AND GO AND GET THE VACCINE.

SO TO SEE SOME OF THOSE INCENTIVES THAT ARE BEING PROVIDED AND THE LAST ONE, WELL, THAT IS NOT PREVENT NOTHING LEGALLY PREVENTING THE BILL FROM SAYING WE WANT TO IMPLEMENT MANDATORY VACCINATIONS LEGALLY AT THIS PARTICULAR POINT BASED ON SOME MODIFICATIONS THAT HAVE TAKEN PLACE. THAT IS NOTHING LEGALLY PREVENTING YOU FROM THAT, FROM DOING THAT.

THE ONLY LEGALITY THAT WE HAVE TO OBSERVE IS ALLOWING TIME FOR GOOD FAITH BARGAINING TO TAKE PLACE. SO IN PREVIOUS CONVERSATION AND PREVIOUS QUESTIONS, I MENTIONED THE THINGS THAT I WAS SURE. ALSO, WE HAVE TO ALLOW TIME FOR GOOD FAITH BARGAINING.

AND IF THE IMPLEMENTATION HAPPENS PRIOR TO THAT DAY, ANY ACTIONS THEY CAN ASK IF THEY COULD PAY BARGAINING HAS OCCURRED.

ALL RIGHT. THANK YOU VERY MUCH.

THANK YOU VERY MUCH, VICKI.

THANK YOU, CHRIS.

AND THANK YOU ALL TRUSTIES SPENDING THE TIME AND ENERGY ON ON THIS ISSUE, AND I HOPE FOR AT THIS TIME, I'D LIKE TO ALSO ASK OUR STUDENT TRUSTEE, DANIELLE SUTHERLAND, IF SHE HAS SOME ITEMS THAT SHE'D LIKE TO BRING UP ON THIS.

I DON'T THINK YOUR TRUSTEE, BURKEY, AND UPON HEARING PEOPLE'S COMMENTS AND CONCERNS, I HAVE CHANGED MY POINT OF VIEW BECAUSE PREVIOUSLY I BELIEVE THAT EVERYBODY SHOULD BE VACCINATED NO MATTER WHAT, REGARDLESS OF THEIR CIRCUMSTANCES.

CLEARLY, I WAS WRONG AND I APOLOGIZE FOR MY NEGLIGENCE.

SPEAKING AS A STUDENT AND A TRUSTEE, I UNDERSTAND THAT THERE ARE PEOPLE WITH REAL CONCERNS ABOUT THE VACCINE WHICH ARE VALID.

SO A HYBRID SYSTEM WHICH IS ALREADY PROPOSED WOULD BE BEST.

I KNOW THAT MANY STUDENTS FEEL THE NEED TO BE ON CAMPUS, HAVE A PROPER EDUCATION AND RETURN TO NORMAL. MANY STUDENTS HAVE BEEN IMPACTED ACADEMICALLY, FINANCIALLY AND PERSONALLY. I HAVE FELT THOSE HARDSHIPS MYSELF.

A STUDENT AS TRUSTEE, PACHECO HAS SAID MANY STUDENTS HAVE LEARNED DIFFERENTLY, MYSELF INCLUDED. I PERSONALLY CANNOT CONTINUE MY STUDIES ONLINE, AND I KNOW MANY STUDENTS FEEL THE SAME WAY. THERE HAS BEEN AN INCREASE IN THE USE OF PSYCHIATRIC SERVICES IN THE PAST YEAR, AND MANY PEOPLE FEEL THE NEED TO SOCIALIZE AGAIN AND GET OUT FROM THEIR HOMES BECAUSE NO ONE EXPECTED SO BETWEEN COLLEGE FROM THEIR BEDROOMS. MANY PEOPLE FEEL DISCONNECTED AND UNMOTIVATED TO CONTINUE THEIR STUDIES.

SO RETURNING TO CAMPUS MIGHT FINALLY GIVE STUDENTS SOME NORMALCY AND A WAY TO DEAL WITH

[01:25:04]

THEREFORE, A HYBRID SYSTEM WOULD BE BEST.

THANK YOU. THANK YOU, STEPHEN, CHRISTIE SAID ON.

DID YOU WOULD YOU PREFER TO DISCUSS THE ADDITIONAL ITEMS THAT YOU HAD, JUSTIN LEWIS, AT THIS POINT OR OR WOULD YOU LIKE TO WAIT UNTIL LATER? NO, ALL I HAVE TO SAY AT THIS POINT, I'VE GIVEN ALL THE DISCUSSION GOING FORWARD, IS THAT I STILL REMAIN IN OPPOSITION.

I DON'T SEE WHY WE SHOULD HAVE A DIFFERENT SET OF RULES FOR THOSE THAT ARE UNVACCINATED AND THOSE THAT ARE VACCINATED, CONSIDERING THAT BOTH CAN GET INFECTED DESPITE THE DIFFERENT THE VARIANCE IN SYMPTOMS. OF COURSE, WE WON'T GET TO THE OUTBREAK LEVELS AS DEFINED BY THE DEPARTMENT OF PUBLIC HEALTH BECAUSE WE ARE NOT TESTING THE VACCINATED.

SO I BELIEVE THAT WHATEVER WE DO GOING FORWARD, WE NEED TO TREAT BOTH THE VACCINATED AND THE UNVACCINATED EQUALLY.

AND CERTAINLY WE WOULD NEED TO TEST BOTH.

AND WE NEED TO MAKE SURE THAT WE HAVE THE CAPACITY NOT ONLY TO DO SO, BUT TO DO SO IN A QUICK AND EFFICIENT MANNER SO THAT IT PROVIDES THE GREATEST RELIEF FROM THE BURDEN THAT IS NEEDING TO GET TESTED IN ORDER TO ISOLATE THE DIFFERENT CAUSES AND THE DIFFERENT VARIATIONS THAT MAY BE THERE OF THE KOVEN VACCINE.

SO THANK YOU FOR YOUR TIME.

BACILLUS. YEAH, I WANT TO ECHO, OBVIOUSLY, A GREAT NUMBER OF FOLKS WHO POINTED OUT THAT THIS IS NOT AT ALL A PERFECT DECISION, THAT THERE'S KIND OF NO PATH THAT PERFECTLY ACCOMMODATES WHAT ALL OF US INDIVIDUALLY ARE ARE PULLING FOR AS IT RELATES TO PROBABLY ONE OF THE MOST GERMANE AND PERSONAL EXPERIENCES THAT WE'VE ALL HAD IN RECENT MEMORY AND OUR THOUGHTS ON THE VACCINES AND TESTING AND EQUITY AND A WHOLE SLEW OF OTHER THINGS THAT HAVE REALLY KIND OF COME INTO THE FORE WITH THE COVID-19 PANDEMIC ARE ARE UNDOUBTABLY VERY PERSONAL FOR EVERY ONE OF US.

AND AND IT'S A WEIRD THING, BECAUSE NOT ONLY IS IT SOMETHING THAT WE MAY HAVE PERSONAL OPINIONS ON, BUT IT'S SOMETHING WE'RE SORT OF ALMOST NOT ALLOWED BY ANY STRETCH TO TAKE ONLY PERSONALLY, BECAUSE ALL OF US ARE AT RISK, WHETHER YOU'RE LOOKING AT PERSONAL FREEDOMS AND YOU'RE LOOKING AT SEGREGATION AND AVOIDING KIND OF CLASS STRUCTURING OR YOU'RE LOOKING AT ITEMS RELATED TO WHO LIVES AND WHO DIES AND WHO'S VULNERABLE, WHO'S NOT VULNERABLE AND AND WHO'S SUFFERING AND WHO ISN'T SUFFERING AND WHO HAS ACCESS, WHO DOESN'T HAVE ACCESS TO SO MANY THINGS.

AND AND SO CLEARLY, WHEN WE LOOK AT THIS, IT'S SORT OF FORCED ALL OF US TO SEE OURSELVES AS PART OF A COLLECTIVE AND AS INDIVIDUALS.

AND WE'RE UNDOUBTEDLY JOSTLING BETWEEN THOSE TWO TO TRY TO FIND A REASONABLE BALANCE.

AND TO THAT END, I I REALLY ADMIRE AND APPRECIATE ALL THE KIND OF PHILOSOPHICAL BUT ALSO TECHNICAL WORK THAT SO MANY FACULTY AND STAFF AND ADMINISTRATORS AND COMMUNITY GROUPS HAVE ALL UNDERTAKEN IN ORDER TO TRY TO COLLECTIVELY SOLVE FOR THIS ISSUE.

THAT DOESN'T REALLY HAVE AN EASY ANSWER.

AND TO THAT EXTENT, I DO WANT TO COMMEND THE GROUP FOR DEVISING A STRATEGY THAT TAKEN AS A WHOLE, I THINK OFFERS A LOT OF LATITUDE FOR DIFFERENT GROUPS WITHIN THIS COMMUNITY. SO FOR THOSE FOLKS WHO WANT TO FIND A WAY TO DO WANT TO GO TO COLLEGE AND WANT TO FIND A WAY TO ACCESS LEARNING FROM AN ENVIRONMENT THAT IS OFF CAMPUS AND THAT DOESN'T REQUIRE TESTING OR VACCINATION, WE ARE HYBRID OFFERING REALLY OFFERS AN AVENUE TO DO THAT FOR A LOT OF STUDENTS.

THEY PREFER NOT TO DO THAT.

THEY'D LIKE TO BE ON CAMPUS, WHICH HAVING A A POSITIVE TEST OR SORRY, BEEN HAVING IT, BEING ABLE TO TEST NEGATIVELY AS PROOF POSITIVE THAT THEY CAN BE ON CAMPUS AND NOT INFECT OTHER STUDENTS AND FACULTY AND STAFF, I THINK IS IS A GREAT WAY TO LEVERAGE THE TOOL THAT

[01:30:03]

AND I THINK THAT THAT'S THAT'S A GREAT ONE.

AND THEN TAKING ADVANTAGE OF THE VACCINE FOR THOSE OF US WHO ARE VACCINATED OR WILL BE VACCINATED, THERE'S AN AVENUE TO TAKE ADVANTAGE OF THE SCIENCE THAT'S BEEN BECOME SO AVAILABLE TO ALL OF US IN ORDER TO MINIMIZE THE IMPACT OF THE SPREAD OF THIS DISEASE.

AND I THINK ALL OF US HAVE DEALT WITH EITHER PEOPLE WHO ARE CLOSE TO US OR PEOPLE WHO ARE MAYBE ONE STEP REMOVED FROM THAT WHO PASSED AWAY DUE TO COVID.

AND AND A LOT OF US ARE VERY CLOSE WITH FOLKS WHO HAVE BEEN BRUTALLY INFECTED WITH COVID.

AND AND THE FACT THAT THE VACCINE HAS PROVEN TO BE SO EFFECTIVE AND I CAN TESTIFY TO THAT PERSONALLY, THAT HAS BEEN A GAME CHANGER.

AND TO THE EXTENT THAT WE CAN PROGRESSIVELY INCREASE THE LEVEL OF PROTECTION THAT WE HAVE TO THIS DISEASE AND THE VARIANTS THAT MAY COME IS REALLY A TESTAMENT TO THE SCIENCE AND THE ABILITY FOR US TO. BAND TOGETHER AND WORK TO TO GET PAST ALL THIS AND MINIMIZE THE RISK AND DAMAGE, SO MY POSITION IN SUMMARY REALLY IS THAT KIND OF HEARING ALL THESE ALL THESE DIFFERENT VOICES, IS THAT IT IS IMPORTANT THAT WE HAVE FLEXIBILITY TO ACCOMMODATE A WIDE VARIETY OF FOLKS AND AND THEIR UNIQUE CIRCUMSTANCES WHILE STILL CREATING A SAFE PLACE ON CAMPUS FOR FOLKS SO THAT WE'RE NOT THE CENTER OF OUTBREAKS.

INSTEAD, PEOPLE CAN FOCUS ON EDUCATION WHILE THEY'RE ON CAMPUS OR FOCUS ON ON EDUCATION.

THE FIRST OF ALL, EDUCATION AS THEY MOVE THROUGH THE HYBRID COLLEGE ENVIRONMENT OR THE ONLINE COLLEGE ENVIRONMENT.

SO WITH THAT, I'M REALLY SUPPORTIVE OF THIS RESOLUTION.

I DO THINK THAT SOME AMENDMENTS MAY BE USEFUL IN TERMS OF HAVING A DATE CERTAIN THAT GOES ALONG WITH THIS THAT WE CAN RENEW AS NEEDED.

SO IT'S NOT A IT'S NOT A PERMANENT RESOLUTION THURSDAY.

AND AND THEN I THINK THAT'S KIND OF THE MAJOR POINT.

AND I APPRECIATE THE LEVEL OF KIND OF SHARED DEVELOPMENT ON THIS.

AND I THINK IT NEEDS TO WE NEED TO HAVE CONTINUED TRANSPARENCY ON THIS AS WE MOVE FORWARD AND AND BE WILLING TO ADJUST AS IT GOES THROUGH IF THERE'S UNFORSEEN HICCUPS ALONG IT ALONG THE WAY WITH IMPLEMENTATION.

YES, IT SEEMS LIKE YOU'RE GETTING THE TWO CALL VOTES.

SO I WANT TO SUMMARIZE SOME OF THE CHANGES THE I BELIEVE FOR US.

SO I WANT TO READ YOU SOMETHING AND YOU TELL ME IF THAT IS YOU CORRECTLY AND IF YOU WANT TO ADD THIS PARTICULAR PIECE TO THE RESOLUTION, I BELIEVE ADDRESSES THE THREE MAIN POINT THAT I THINK THAT BASED ON THE COMMENTS.

BE IT FATHER, TO RESOLVE THE GOVERNING BOARD OF SOWETO'S COMMUNITY COLLEGE HERE, BY THAT STANDARD TIME PERIOD OF THE SOLUTION BEFORE AUGUST 5TH, TWO THOUSAND TWENTY ONE TO THE CONCLUSION OF THE TWENTY TWENTY ONE TWO ACADEMIC YEAR WITH TARGET IMPLEMENTATION DATE OF SEPTEMBER PETTIEST TWENTY TWENTY ONE.

AND THE THAT THE PRESIDENT'S SUPERINTENDENT TO BRING FORTH PROCEDURE FOR REVIEW AND THE NEXT REGULAR BOARD MEETING.

SO I PICKED UP THREE PIECES, ONE, AND THEY SAID THE RESOLUTION, WHICH ESSENTIALLY I'M PROPOSING AND OF THE ACADEMIC DATE OF TWENTY TWENTY TO TWENTY, TWENTY TWO.

AND ON THE OTHER QUESTION, WHAT DOES HE MEAN TO TO HONOR BARGAINING? OBVIOUSLY, IMPLEMENTATION SEPTEMBER 30TH IS NEARLY TWO MONTHS TO START WORKING WITH BOTH OF THE UNIONS TO TO ENSURE WE HAVE SOME SORT OF.

SOLUTION OR FOR WHAT HAPPENED WHEN SOMEONE THAT'S NOT FOLLOW THAT ACTIONS, AND THAT

[01:35:04]

AND THE OTHER CONCERN WAS ON THE OPPORTUNITY FOR THE BOARD TO REVIEW THE POLICY OR PROCEDURE. SO THAT COULD BE BROUGHT BACK TO THE BOARD OF TRUSTEES ON JUNE 15.

YES. DO WE HAVE ANY DISCUSSION ON THOSE ON THOSE ITEMS? BOTH EDITIONS OF ANYONE WHO OBJECTED TO THOSE EDITIONS.

ALL RIGHT, DO WE HAVE A MOTION TO ACCEPT A RESOLUTION WITH AMENDMENT? AS AMENDED, A MOTION TO APPROVE, THIS IS MARVELOUS, BUT THE AMENDMENT DOES NOT CAN WE HAVE A MOTION FROM CHRISTY WILLIS AND A SECOND FROM DR.

LOU? CAN WE GET A OF ANDREW? YES, STUDENT TRUSTEE SUTHERLAND I.

TRUST US. TRUSTE BURKI JESSE LEWIS NHÉ TRUSTE LITTLE YES, TRUSTE PACHUCO, YES.

TRUSTY PRESS, YES, AND TRUSTY SALAZAR IS ABSENT.

THE MOTION PASSES. THANK YOU, ANDREA, AND THANK YOU.

TRUSTEES, CONSTITUENT GROUPS AND OUR PRAYER SERVICE, COLLEGE, COMMUNITY AND OF COURSE, GOVERNMENT ALL. ALL RIGHT, WITH THAT, WE WILL MOVE ON TO OUR OTHER OPEN SESSION ITEM, OPEN SESSION, AGENDA THREE ONE ZERO ONE ON OUR INSTITUTIONAL PRESENTATION ON TITLE NINE. THIS WILL BE COUNT AS OUR HEADLINE TRADING FOR THE BOARD OF TRUSTEES.

TRUSTEE BERTKE, I WOULD LIKE TO MAKE A SUGGESTION BEFORE YOU BEGIN.

THE PRESENTATION IS ROUGHLY 90 MINUTES LONG, AND IF YOU HAVE QUESTIONS, IT WILL GO A LITTLE LONGER THAN THAT.

SO IF YOU WANTED TO TAKE A BREAK, CAMPBELLFIELD, YOUR DRINKING BOTTLES OR GLASSES, THIS COULD BE A GOOD TIME BEFORE WE GET STARTED ON THIS PART OF THE PRESENTATION.

THAT SOUNDS PERFECTLY FINE TO ME.

SHALL WE RECONVENE AT EIGHT FORTY FIVE AND GET SEVEN MINUTES ENOUGH TIME TO BUY A BREAK? ALL RIGHT. WITH THAT, WE'LL SEE YOU ALL IN A FEW.

THANK YOU, EVERYONE. I WAS A BIT OF A SHORT BREAK, BUT WE WERE A 90 MINUTE PRESENTATION AND FIGURE WE ALL STARTED EARLIER RATHER THAN LATER, BUT.

SO THAT WE ACHIEVED ACHIEVED QUORUM, CORMEGA.

YEAH, WE'RE OK.

ALL RIGHT. THANK YOU, DR.

[3.01 Institutional Presentation: Title IX Training for Board of Trustees]

FARAH NPRM.

ABANA YES.

ALL RIGHT, THANK YOU. I WILL ASK DR.

FORESTER'S TO GIVE US A BRIEF INTRODUCTION AND ALSO TO INTRODUCE OR SPEAKERS FOR THIS EVENING. YES, GOOD EVENING.

MEMBERS OF THE WORLD AND ACTUALLY I'M GOING TO ASK DR.

LAUREN ELLEN FELSBERG, DIRECTOR OF DIVERSITY COMPLIANCE ON TITLE NINE COORDINATOR, TO INTRODUCE OUR GUESTS LAUREN.

THANK YOU. GOOD EVENING.

MEMBERS OF THE BOARD, DR.

FIERRO AND VICE PRESIDENTS, I BELIEVE IT IS MY PLEASURE TO INTRODUCE THIS EVENING THE TEAM FROM KOSEN O'CONNER'S INSTITUTIONAL RESPONSE GROUP.

WE HAVE LESLIE GOMES, WHO IS THE VICE CHAIR OF THE GROUP, AND MAUREEN HOLLAND, WHO IS ONE OF THE MEMBERS OF THE GROUP.

LESLEY AND MAUREEN ARE EXPERTS IN THE ARENA OF TITLE NINE AND ASSISTS NUMEROUS COLLEGES

[01:40:06]

THE FUNKY WATERS OF TITLE NINE AND PROVIDING GUIDANCE AND BEST PRACTICE, I HAVE HAD THE PLEASURE OF WORKING WITH THESE LADIES AND THEIR PARTNERS FOR A HANDFUL OF YEARS NOW.

AND AS WE ARE IN THIS WEIRD TIME WITH THE EMPLOYER, WITH THE NEW REGULATIONS THAT WERE EFFECTIVE IN AUGUST OF TWENTY TWENTY, AND KNOWING THERE ARE CHANGES COMING, I WOULD SAY WITHIN THE NEXT PROBABLY 12 MONTHS OR SO.

I WANTED TO BRING THE EXPERTS FORWARD TO PRESENT TO US THE MOST UP TO DATE AND INFORMATION REGARDING TITLE NINE AND BEST PRACTICES.

SO WITHOUT FURTHER ADO, I TURN IT OVER TO LESLIE AND MARIE, YOU AND MAUREEN AND I REALLY APPRECIATE THE ABILITY TO BE HERE WITH YOU THIS EVENING.

I WILL SHARE WITH YOU THAT WE ARE ON THE EAST COAST.

SO IF WE ARE A LITTLE LOOSE IN OUR TONGUE, IT'S GOT TO DO WITH THE POWER AND THE FREEDOM THAT WE FEEL. I ALSO RECOGNIZE THAT WE ARE MOVING FROM ONE EXTREMELY SOBERING CONVERSATION AND DISCUSSION INTO ANOTHER SOBERING CONVERSATION AND DISCUSSION, LOOKING AT AND UNDERSTANDING THE IMPACTS OF SEXUAL AND GENDER BASED HARASSMENT AND VIOLENCE ON OUR STUDENTS, FACULTY AND STAFF, AND THINKING ABOUT HOW WE AS AN INSTITUTION, AND IN PARTICULAR THIS BOARD AND ITS LEADERSHIP, THE PRESIDENT AND YOUR VPS HAVE THE CAPACITY TO CONTINUE TO EXERCISE THAT TONE FROM THE TOP IN THE SAME CAREFUL, CONSIDERATE WAY THAT WE'VE JUST HEARD AND HAD THE PRIVILEGE AND THE HUMBLING PRIVILEGE OF BEING ABLE TO LISTEN TO THIS DIALOG THAT YOU'VE HAD OVER THE PAST HOUR AND A HALF AROUND REALLY CRITICAL ISSUES THAT ARE CENTRAL TO STUDENT WELFARE, TO EMPLOYEE WELFARE AND ULTIMATELY TO THE VALUES OF THE INSTITUTION BY WAY OF HIGH LEVEL TRAINING AND BACKGROUND.

MAUREEN AND I ARE BOTH FORMER CHILD ABUSE, SEX ASSAULT PROSECUTORS IN THE CITY AND COUNTY OF PHILADELPHIA, THE PHILADELPHIA DISTRICT ATTORNEY'S OFFICE, WITH THE FOUNDER OF OUR GROUP, GINA SMITH.

WE HAVE HAD THE OPPORTUNITY TO BUILD A PRACTICE THAT IS ENTIRELY FOCUSED ON HELPING EDUCATIONAL INSTITUTIONS BOTH PREVENT AND RESPOND TO SEXUAL AND GENDER BASED HARASSMENT AND VIOLENCE AND TO CHILD ABUSE.

AND WE DO THAT THROUGH THE LENS OF.

CARE FOR YOUR CONSTITUENTS IN A MANNER CONSISTENT WITH YOUR INSTITUTIONAL VALUES, MAUREEN AND I ARE NOT CIVIL LITIGATORS.

WE'RE CERTAINLY SKILLED AND TRAINED IN THAT WAY.

WE'VE LITIGATED CASES AS PROSECUTORS.

THAT'S A CAREER THAT WE COULD STEP INTO IF WE CHOSE TO.

HOWEVER, WE FAR PREFER TO LIVE.

AND AS LAUREN FRAMED, IT IS SUBJECT MATTER, SORT OF NEUTRAL EXTERNAL EXPERT SPACE TO BE ABLE TO COME IN AND LOOK FROM A SYSTEMIC LEVEL, UNDERSTANDING COLLEGE CAMPUSES, UNDERSTANDING THE DYNAMICS OF THE ISSUES, AND UNDERSTANDING HOW WE CAN BEST APPROACH EFFECTIVE PRACTICES.

AND SO IN THE TIME THAT WE HAVE WITH YOU TONIGHT, WE HOPE TO WALK THROUGH SORT OF HIGH LEVEL WHAT'S HAPPENING IN THE COUNTRY.

ON THE FRONT OF TITLE NINE, THE CLERY ACT LOOKING AT AN UNDERSTANDING OF WHAT'S HAPPENING IN THE COURTS AND SORT OF WHAT'S COMING NEXT ON THE HORIZON, BUT ALSO HOW YOU AS A BOARD CAN BEST SUPPORT DR.

FLORES CHURCH AND DOCTOR HEALTH CARE AND ALL OF THE WORK THAT THEY'RE DOING ON ON CAMPUS AND THE ACTUAL IMPLEMENTATION OF POLICIES THAT WILL TELL YOU THAT OUR TEAM HAS HAD THE PRIVILEGE TO DO A NUMBER OF TRAININGS TO DATE WITH STUDENTS.

COLLEGE AND TRAINING FEELS LIKE THE WRONG WORD.

REALLY MORE COLLABORATIVE REFORM.

DISCUSSIONS ABOUT HOW BEST TO DO THIS WORK IN A CHANGING ENVIRONMENT, INCLUDING A TRAINING FOR DR.

BEATO, WAS PRESENT THROUGHOUT THE TRAINING.

AND SO THAT'S A TREMENDOUS INVESTMENT IN LEADERSHIP.

AND WE DON'T OFTEN SEE PRESIDENTS ATTEND TRAININGS.

AND WE ALSO DON'T OFTEN HAVE AN OPPORTUNITY FOR AN ENTIRE BOARD TO SET ASIDE TIME ON THEIR AGENDA, SPECIFICALLY DEVOTED TO HEARING AND LEARNING ABOUT THESE ISSUES.

SO THANK YOU FOR THAT.

AND I THINK IT'S CERTAINLY SOMETHING THAT YOU CAN SHARE WITH YOUR COMMUNITY THAT FROM THE TOP DOWN, YOU WANTED TO UNDERSTAND AND BREATHE LIFE INTO THE VALUES THAT UNDERLIE TITLE NINE. AND YET YOU'RE REALLY TIED TO MAINTAINING THE CAMPUS ENVIRONMENT FREE FROM DISCRIMINATION AND HARASSMENT AND MAINTAINING A SAFE AND SECURE CAMPUS WHERE YOUR STUDENTS, FACULTY AND STAFF CAN THRIVE IN THEIR EDUCATIONAL AND EMPLOYMENT SPACES.

I'LL KICK TWO MORE IN JUST A MOMENT TO TALK A LITTLE BIT ABOUT SOME OF THE SPECIFICS THAT WE DO IN OUR PRACTICE AND THEN WE'LL DOVE INTO THE DECK.

I WOULD REALLY LOVE, TO THE EXTENT POSSIBLE FOR THIS TO BE A CONVERSATION.

AND TO THE EXTENT THAT YOU HAVE QUESTIONS, WE WELCOME YOU TO RAISE YOUR HAND, TO COME UP WITH YOU TO TO DO THE RAISE HAND FUNCTION AND OR TO DROP A QUESTION IN THE CHAT IN TERMS

[01:45:01]

APPROACH PORTFOLIO AS WELL, MAUREEN.

THANKS, LESLIE. SO, AS LESLIE MENTIONED, WE STAY IN THIS CONSULTIVE AND NEUTRAL SPACE WORKING ALONGSIDE INSTITUTIONS ACROSS THE COUNTRY.

WE HAVE 10 PILLARS OF PRACTICE AND ONE OF THOSE IS DOING LOTS OF TEACHING AND TRAINING AROUND THE COUNTRY RELATED TO TITLE NINE AND OTHER FEDERAL AND STATE LAWS THAT RELATE TO SEXUAL AND GENDER BASED DISCRIMINATION AND HARASSMENT.

WE ALSO HELP COLLEGES AND UNIVERSITIES DEVELOP POLICIES AND PROCEDURES.

WE WORK WITH INSTITUTIONS, BOTH HIGHER EDUCATION, K-12, INDEPENDENT SCHOOLS AND OTHER ORGANIZATIONS TO ASSIST IN EVALUATING THEIR CURRENT PRACTICES WITH RESPECT TO HOW THEY RESPOND TO REPORTS OF SEXUAL HARASSMENT AND SIMILAR CONDUCT.

AND WE OFTEN STEP IN AS FELIN EMPLOYEES FOR THOSE INSTITUTIONS WHO ARE IN FLUX.

AND SO THAT WAS ONE OF MY EARLY EXPERIENCES, WAS TO SERVE AT BAYLOR UNIVERSITY AS AN INTERIM TITLE NINE COORDINATOR.

AND VERY BRIEFLY, MY HUMBLING EXPERIENCE.

THERE WAS A RECOGNITION OF HOW MUCH TONE AT THE TOP OF THE ORGANIZATION REALLY MATTERS.

AND SO UNDERSTANDING THAT THE BOARD IS DEEPLY INVESTED IN THESE ISSUES, UNDERSTANDING THAT CAMPUS LEADERSHIP IS INVESTED MEANS ABSOLUTELY THE WORLD TO THOSE ON CAMPUS WHO ARE DOING THIS WORK DAY IN AND DAY OUT AND IS TRANSLATABLE TO YOUR COMMUNITY MEMBERS.

THEY FEEL IT. THEY UNDERSTAND YOUR COMMITMENT.

AND SO I COMMEND ALL OF YOU FOR FOR SETTING ASIDE THIS TIME TO BE WITH US.

AND THANK YOU. SO A VERY HIGH LEVEL AGENDA OF WHAT WE HOPE TO WORK THROUGH TONIGHT IS A LITTLE BIT OF OVERVIEW OF THE NATIONAL CONTEXT IN THE LANDSCAPE, WHICH HAS BEEN CHANGING SORT OF EXPONENTIALLY OR MORE PERHAPS EARTHQUAKE THAT'S OCCURRED OVER THE PAST 10 YEARS.

DIVING IN TO UNDERSTAND A LITTLE BIT ABOUT THE REGULATORY FRAMEWORK, AND AGAIN, NOT ENOUGH TO HAVE YOU THE EXPERT IN IT, BUT ENOUGH TO HELP UNDERSTAND THE FRAMEWORK WITH RESPECT TO THE BOARD'S ROLE AND ONE OF THE IMPORTANT INITIATIVES THAT HAVE TO COME THROUGH, LOOKING AT THE SPECIFIC DEFINITIONS UNDER THE CURRENT REGULATIONS, UNDERSTANDING WHAT THE COLLEGES RESPONSE IS TO REPORT OF SEXUAL HARASSMENT, AND THEN WALKING THROUGH YOUR COMPLAINT PROCESS, WE HAVE FAR MORE SLIDES THAN WE INTEND TO BE ABLE TO TEACH EACH AND EVERY PIECE OF CONTENT ON, BUT WANTED YOU TO HAVE A BROADER OUTLINE TO BE ABLE TO FOLLOW. AND SO WE'LL WE'LL DOVE IN WITH REALLY THINKING ABOUT THE CONTEXT AND HOW WE APPROACH THAT CONTEXT.

AND WE START EVERY PRESENTATION WITH IDENTIFYING FOUR SPECIFIC PRINCIPLES.

ONE OF THEM IS THE RECOGNITION THAT WE DON'T KNOW WHAT WE DON'T KNOW ABOUT SOMEBODY ELSE'S EXPERIENCE, ABOUT THEIR WORLD VIEW, ABOUT THEIR COPING MECHANISMS, ABOUT HOW ISSUES IMPACT THOSE INDIVIDUALS, WHETHER THEY ARE A COWORKER OR STUDENT THAT WE INTERSECT WITH. AND IN THE SAME WAY THAT YOU SAW WITH GREAT CARE TO UNDERSTAND AND RESPECT THE INDIVIDUALITY OF EACH AND EVERY STUDENT OR STAFF OR FACULTY MEMBER THAT YOU WOULD IMPACT THROUGH A VACCINE POLICY IS THE SAME FRAMEWORK THAT WE BRING INTO A TITLE NINE PROCESS TO RECOGNIZE AND UNDERSTAND WHETHER IT IS A COMPLAINANT WHO STANDS BEFORE US OR RESPONDED AND STANDS BEFORE US, THAT WE WILL TAKE THE TIME TO FLIP THE LENS, TO LOOK AT OUR PROCESSES WITH THEIR EYES, WITH THAT COMPLAINT.

AND THEIR RESPONSE IS WHAT CAN WE DO TO HELP MINIMIZE DISRUPTIONS IN THEIR EDUCATIONAL OR EMPLOYMENT OPPORTUNITIES? HOW CAN WE ENSURE THAT WHAT WE DO IS EASY? EASY, USER FRIENDLY AND ACCESSIBLE, RECOGNIZING THAT THE VERY NATURE OF BEING INVOLVED IN A TITLE NINE REPORT OR TITLE NINE MATTER IS IN ITSELF TRAUMATIC.

WHAT WE FOUND IN DOING THIS WORK IS THAT THERE ARE A WIDE RANGE OF PERSONAL BELIEFS AND OPINIONS. YOU COULD LOOK NO FURTHER THAN THE MEDIA OVER THE PAST THREE DAYS AS WE'RE ALL SEEING TWO DAYS, I GUESS, AS WE'RE ALL SEEING THE RESULTS OF THE EXTERNAL INVESTIGATION LED BY THE ATTORNEY GENERAL INTO THE GOVERNOR OF THE STATE OF NEW YORK RIGHT NOW, AND INDIVIDUALS WHO ARE LOCKED SOLID IN POSITIONS ON OPPOSITE SIDES OF THE ISSUE AND WEIGHING IN FROM ALL CAMPS, IF YOU WILL.

AND SO WE CAN ALL AGREE THAT SEXUAL HARASSMENT IS SOMETHING THAT WE WANT TO AVOID, TO PREVENT, TO IDENTIFY, TO REPORT.

WE DON'T ALWAYS ALL AGREE IF IT OCCURRED OR DIDN'T OCCUR OR IF SOMEBODY'S INTENT MATCHED THE IMPACT AND HOW WE EVALUATE THOSE PIECES OF THE PROCESS, WE DON'T ALL HAVE A COMMON LANGUAGE ON WHAT SEXUAL ASSAULT LOOKS LIKE OR WHAT RAPE MEANS.

[01:50:05]

BUT IF I SPEAK UP, I WILL BE SUPPORTED AND WILL NOT BE OSTRACIZED.

I WILL NOT BE STIGMATIZED, OR IF I AM ACCUSED, THAT I WILL BE APPROPRIATELY SUPPORTED AND I WILL CONTINUE TO HAVE ACCESS TO WHATEVER IT IS THAT I MAY NEED TO MOVE FORWARD PRODUCTIVELY IN LIFE AND THAT WE HAVE A LONG WAY TO GO STILL AS A SOCIETY AND A COUNTRY INTO HOW WE APPROACH THOSE ISSUES.

BUT THE THING THAT WE HAVE FOUND MOST DIRECTLY IS THAT TOGETHER WE ARE ALWAYS BETTER THAN THE SUM OF OUR PARTS. WHEN WE COME TOGETHER IN A MULTI MULTIDISCIPLINARY TEAM AND WE THINK ABOUT IT FROM LOTS OF DIFFERENT VIEWS AND POINTS OF VIEW AND HAVE THE CONVERSATION AND WRESTLED THROUGH THE TENSION OF THE LANGUAGE AND THE TENSION OF THE ISSUES THAT WE GET TO A SPACE WHERE WE CAN MAKE GOOD INFORMED DECISIONS.

AND SO THOSE ARE JUST THINGS THAT WE SORT OF START EACH PRESENTATION WITH SHAKING THE ETCH A SKETCH AND REFRAMING OURSELVES FROM WHAT YOUR INSTITUTIONAL VALUES ARE AS WE THINK ABOUT THE WAYS IN WHICH YOU CAN IMPLEMENT POLICY OR MAKE POLICY CHOICES.

WE'LL TALK A LITTLE BIT ABOUT SOME OF THOSE IMPLEMENTING FRAMEWORKS.

BUT AT THE HIGHEST LEVEL, EFFECTIVE PRACTICES TIE TOGETHER THREE PIECES OF VERY COMPLICATED REGULATORY FRAMEWORK, WHICH WE WILL GIVE YOU AN OVERVIEW OF TONIGHT, THE DYNAMICS OF THE ISSUE OF TRAUMA, OF HOW IT IMPACTS INDIVIDUALS AND HOW IT IMPACTS IN PARTICULAR MARGINALIZED COMMUNITIES OR MORE VULNERABLE COMMUNITIES.

HOWEVER, THAT COMMUNITY IS DEFINED, WHETHER IT BE A COMMUNITY THAT INVOLVES FIVE MEMBERS OF OUR COMMUNITY, WHETHER IT BE A COMMUNITY THAT INVOLVES INTERNATIONAL STUDENTS, WHETHER IT BE A COMMUNITY THAT INVOLVES WOMEN OR TRANSGENDER OR ANY SORT OF SUBSET THAT YOU CAN THINK OF IS THE RECOGNITION THAT THERE MAY BE UNIQUE BARRIERS, THERE MAY BE UNIQUE THINGS THAT WE CAN WORK AS AN INSTITUTION TO HELP, TO EDUCATE, HELP TO BREAK DOWN AND TO BE PREPARED FOR AND UNDERSTAND SORT OF LAYING THE GROUNDWORK THROUGH PREVENTION AND EDUCATION TO ENCOURAGE PEOPLE TO COME FORWARD AND THEN LAYERING THOSE TWO PIECES.

WHAT DO WE KNOW ABOUT THE LAW? WHAT I KNOW ABOUT THE DYNAMICS, LAYERING THOSE TWO PIECES TOGETHER WITH WHAT WORKS IN YOUR PARTICULAR INSTITUTION.

SO WE KNOW COLLEGE IS NOT USC OR UCLA.

IT IS A VERY DIFFERENT, VERY SPECIAL, VERY VALUES BASED SPACE SERVING A TREMENDOUS NEED FOR THE POPULATION IN THE AREA THAT SURROUNDS CERRITOS AND REALLY THINKING ABOUT THE WAYS IN WHICH YOU ARE CHANGING LIVES THROUGH EDUCATION AND OTHER APPROACHES.

SO UNDERSTANDING THOSE PIECES IS CRITICAL AND THINKING ABOUT EFFECTIVE PRACTICES IS RECOGNIZING. ALL OF THOSE PIECES TIED TOGETHER AREN'T FOUNDER OF OUR GROUP HAS CREATED A CHART TO KIND OF HELP YOU LOOK THROUGH AND THINK ABOUT HOW YOU MIGHT APPROACH THESE ISSUES. AND IF YOU'RE INTIMIDATED BY THAT CHART, THAT IS PERFECTLY OK WITH YOU.

WHEN WE THINK ABOUT THE CHART, PROPOSE THAT ONE OF THE INSTITUTIONS THAT WE'VE WORKED WITH HAS LONG SAID THAT THIS SLIDE IS REALLY MORE INTIMIDATING THAN ELUCIDATING.

AND THAT'S PART OF THE FUNCTION OF THE SLIDE, THE RECOGNITION THAT WHEN A REPORT COMES IN AND YOU CAN IGNORE LOTS OF THE BOXES AND WHAT ALL THE BOXES MEAN.

BUT WHEN A REPORT COMES IN, THE NUMBER OF PLACES ACROSS THE COLLEGE THAT A STUDENT, FACULTY OR STAFF MEMBER MAY CHOOSE TO SHARE SOMETHING THAT HAS HAPPENED, THAT THAT REPORT IS GENERALLY BROUGHT TO A CENTRAL PLACE AND THAT IN THIS CASE WOULD BE TO YOUR TITLE NINE OFFICES, DR. ELSEWHERES OFFICE.

THAT CENTRALIZED RESPONSE IS INFORMED BY ALL OF THOSE RED BOXES THAT WE'RE PRIMARILY GOING TO TALK ABOUT DON'T IN THE THEORY.

BUT THERE ARE A WHOLE HOST OF OTHER LAWS, INCLUDING CALIFORNIA STATE LAW, THAT IS SPECIFIC TO HOW WE DEFINE, FOR EXAMPLE, CONSENT, HOW WE DEFINE AND UNDERSTAND EMPLOYEE REPORTING RESPONSIBILITIES IN OTHER PIECES ALONG THE WAY.

AS YOU LOOK AT THAT CHART IN FRONT OF YOU, ONE OF THE THINGS THAT YOU'LL RECOGNIZE IS THAT WHAT HAPPENS WITH RESPECT TO SEXUAL HARASSMENT AND I USE THAT TERM TO INCLUDE, IS YOU'LL HEAR SEXUAL VIOLENCE, SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING, AS WELL AS DISCRIMINATION OR HARASSMENT ON THE BASIS OF GENDER, GENDER IDENTITY, GENDER EXPRESSION OR SEXUAL ORIENTATION.

WHAT HAPPENS IN THIS NARROW SLICE OF YOUR EDUCATIONAL FRAMEWORK IS ONLY PART OF THE BROADER ECOSYSTEM.

AND THAT BROADER ECOSYSTEM INCLUDES TO THE LEFT SIDE OF THE SLIDE, THE CURRENT CRIMINAL ACTIVITY IN SOME CASES, AND IT ALSO INCLUDES OUR CRIMINAL DEFENSE ATTORNEY MAY INTERSECT ON THE RIGHT HAND INSIDE THE GREEN BOXES AND INCLUDES ALL OF THE OTHER REGULATORY PIECES THAT EXIST, INCLUDING CIVIL LITIGATION, THE OFFICE FOR CIVIL RIGHTS, THE US DEPARTMENT OF EDUCATION ON COMPLIANCE GROUP, AS WELL AS YOUR CREDITORS, THE NCAA AND A WHOLE HOST OF

[01:55:03]

AND I WANT TO FLIP THE LENS FROM THIS INSTITUTIONAL PERSPECTIVE, WHICH IS LINEAR AND FOLLOWS A PREDICTABLE PATH GENERALLY TO THINK ABOUT WHAT IT MIGHT LOOK LIKE FROM A COMPLAINANTS PERSPECTIVE, TO THINK ABOUT FROM A FIRST GENERATION STUDENT COMING TO CAMPUS, BEING PART OF A GREAT OPPORTUNITY TO LEARN NEW THINGS, TO BE EXPOSED TO ALL KINDS OF STUDENT CAMPUS ACTIVITIES, TO TAKE CLASSES AND A WHOLE HOST OF DIFFERENT AREAS, AND TO REALLY ENGAGE AND INVEST IN THAT EDUCATIONAL AND THAT PERSONAL DEVELOPMENT GROWTH EXPLORATION PROCESS THAT WHEN WE SEE AN INDIVIDUAL IN THAT PARTICULAR CONTEXT, REGARDLESS OF THEIR AGE, REGARDLESS OF THEIR RACE, THEIR ETHNIC BACKGROUND OR ANY OF THEIR NATIONAL ORIGIN, THEIR RELIGION, THEIR POLITICAL BELIEFS, THAT THAT'S AN INDIVIDUAL WHO, WHEN THEY EXPERIENCE SOME SOME FORM OF SEXUAL OR GENDER BASED VIOLENCE, THAT INDIVIDUAL IS NOW TURNING TO YOU.

MAYBE THEY'VE CHOSEN TO REPORT TO SAY, HELP ME.

AND THE JOB FOR YOUR INSTITUTION, FOR YOUR TIME NINE OFFICE IS TO BE ABLE TO SAY, HERE'S ALL THE WAYS THAT WE CAN HELP YOU AND MAUREEN AND I ARE GOING TO WALK THROUGH WHAT THAT LOOKS LIKE. BUT IT'S THE RECOGNITION THAT TITLE NINE IS REALLY ABOUT HOW DO WE MAINTAIN AN ENVIRONMENT FREE FROM DISCRIMINATION AND HARASSMENT ON THE BASIS OF SEX, WHICH I VIEW AS HOW DO WE KEEP OUR STUDENTS IN SCHOOL AND HOW DO WE KEEP OUR EMPLOYEES AT WORK? HOW DO WE REMOVE THE BARRIERS THAT MIGHT COME TO INDIVIDUALS WHO EXPERIENCE SEXUAL HARASSMENT OR RETALIATION TIED TO SEXUAL HARASSMENT? AND THAT INDIVIDUAL, THE COMPLAINANT IS ONE HALF OF WHO YOU HOLD IN THE CARE OF YOUR INSTITUTION. THE OTHER HALF OF THAT WOULD BE THE RESPONDENT.

AND WE ALWAYS HOLD THIS SORT OF SIDE BY SIDE TO RECOGNIZE THAT THE WAY THAT WE INTERSECT WITH THE COMPLAINANT OR RESPONDENT WILL ALWAYS BE NEUTRAL, FAIR AND BALANCED, THAT WE WILL PROVIDE EQUAL ATTENTION, CARE AND SUPPORT TO BOTH INDIVIDUALS AND ENSURE THAT OUR PROCESS IS UNNECESSARILY EQUITABLE AND FAIR AS IT CAN POSSIBLY BE, BECAUSE THAT ULTIMATELY IS WHAT SUPPORTS THE GATHERING OF GOOD INFORMATION.

AND IT ALSO SUPPORTS AND BRINGS TO LIFE OUR INSTITUTIONAL VALUES IN THIS SPACE AND REALLY THINKING LONG AND HARD ABOUT THE CARE THAT WE GIVE TO A RESPONDENT AS BEING EQUALLY IMPORTANT AS THE CARE THAT WE GIVE TO A COMPLAINANT, PARTICULARLY THE RECOGNITION THAT THE RESPONDENT IS LIKELY NOT BEING ACCUSED OF SOMETHING OF THIS NATURE BEFORE.

BUT IT DOES HAVE THE ABILITY TO INTERRUPT AND OR END EDUCATIONAL OPPORTUNITIES.

AND THAT, OF COURSE, IT ALSO MAY COME WITH CONCURRENT.

CRIMINAL ISSUES AT THE SAME TIME ARE CRIMINAL PROSECUTION AND THINKING THROUGH HOW WE CARE FOR BOTH OF THOSE INDIVIDUALS GETS US TO GOOD, SENSITIVE, INFORMED FACT GATHERING AND GETS US TO A SPACE WHERE WE HAVE DECISIONS THAT ARE INFORMED AND DECISIONS THAT WE CAN RELY ON AND HAVE INTEGRITY AND RELIABILITY AND ULTIMATELY ARRIVE IN A SPACE OF APPROPRIATE ACCOUNTABILITY AND RESPONSIBILITY.

SO AS WE THINK ABOUT THOSE TWO PIECES, IT FEELS LIKE, OK, WE CAN DO THIS, WE CAN BALANCE, WE HOLD LOTS OF THINGS IN BALANCE.

SAME TIME. YOU JUST TALK THROUGH THAT.

WITH RESPECT TO THE VACCINE POLICY, THE CHALLENGE, AS I SEE IT, IS THAT YOU'VE NOT BEEN DOING THIS ON WHAT I WOULD CALL A LEVEL PLAYING FIELD.

AND IF WE TAKE A LOOK AT THE CHART IN FRONT OF YOU WITHOUT HAVING TO READ ALL OF THE INDIVIDUAL BOXES, WHAT I THINK THIS DISPLAYS FOR US IN A VERY CLEAR WAY IS WHILE TITLE NINE WAS PASSED IN NINETEEN SEVENTY TWO, SO FORTY EIGHT YEARS AGO AND FORTY NINE YEARS AGO, AND I ALWAYS DO THE MATH BECAUSE I WAS BORN IN 70 AND I CAN DO IT THAT WAY.

I GUESS WE'RE IN TWENTY ONE ALREADY SO.

AND THE CLEARY ACT WAS PASSED IN NINETEEN NINETY.

BOTH OF THOSE LAWS HAVE BEEN AROUND FOR A LONG TIME.

HOW WE IMPLEMENT THEM AND WHAT IT MEANS TO IMPLEMENT THEM HAS CHANGED SIGNIFICANTLY OVER THE YEARS, BEGINNING MOST RECENTLY IN OUR SORT OF COLLECTIVE UNDERSTANDING IN TWO THOUSAND ELEVEN WITH A DEAR COLLEAGUE LETTER, WHICH THOSE OF YOU WHO'VE BEEN IN ACADEMIA FOR A WHILE WILL REMEMBER AS SORT OF A SEA CHANGE MOMENT WHERE THE FEDERAL GOVERNMENT OFFICE FOR CIVIL RIGHTS FROM THE US DEPARTMENT OF EDUCATION SAID SCHOOLS, WE DON'T THINK THAT YOU RESPONDED APPROPRIATELY TO SEXUAL VIOLENCE ON YOUR CAMPUS.

WE WANT TO SAY SEXUAL ASSAULT AS A FORM OF HARASSMENT.

AND WE EXPECT THAT YOU'RE GOING TO RESPOND TO SEXUAL ASSAULT IN A WAY THAT PROVIDES

[02:00:02]

AND IT PUT INTO PLACE A REPORTING FRAMEWORK THAT MANY SCHOOLS ARE STILL FOLLOWING 10 YEARS LATER. THAT WAS FOLLOWED IN 2014 BY QUESTIONS AND ANSWERS ON CAMPUS SEXUAL MISCONDUCT. AND THEN WE HAD A CHANGE IN PRESIDENTIAL ADMINISTRATION.

AND ALL OF A SUDDEN THOSE TWO DOCUMENTS THAT WE ALL RELIED UPON IN SCHOOLS HAD BUILT ROBUST PROCESSES WERE NOW RESCINDED.

AND IN THE FALL OF 2017, WE HAD A NEW Q&A FROM THE FEDERAL GOVERNMENT THAT KEPT SOME OF THE OLDER PIECES BUT ADAPT AND EVOLVE SOME OF THE OTHER PIECES ALONG THE WAY.

AND IN THAT CONTEXT, SCHOOLS AGAIN COMPLY IN GOOD FAITH, FOLLOW THE RULES FROM THE FEDERAL GOVERNMENT, BEGIN TO MOVE THROUGH THE PROCESS.

AND WE HAD A PROPOSED RULEMAKING.

IF YOU'RE FAMILIAR WITH HOW THEY MAKE RULES IN A REGULATORY AGENCY OF THIS NATURE, THE DEPARTMENT POSTS A RULE.

HERE'S WHAT WE THINK OF. NEW REGULATIONS ARE GOING TO LOOK LIKE EXTENSIVE PUBLIC COMMENT PERIOD. AND THEN FOLLOWING THE PUBLIC COMMENT PERIOD, THEY POST THEIR FINAL REGULATIONS OR FINAL RULES WITH LOTS OF ANSWERS TO WHAT THE WE HEARD THIS COMMENT.

WE HEARD THAT THIS COMMENT.

HERE'S HOW WE RECONCILE THOSE COMMENTS.

AND HERE'S WHAT WE'RE GOING TO CHANGE OUR PROPOSED RULE OR NOT.

THAT PROCESS WRAP WITH THE FINAL REGULATIONS THAT CAME OUT IN MAY OF TWENTY TWENTY, WHICH HE WORKED VERY QUICKLY TO IMPLEMENT A NEW POLICY.

AND THAT'S WHAT WE'RE GOING TO TALK TO, IS YOUR CURRENT POLICY, THE CURRENT REGULATIONS.

BUT NO, AND WE'LL TALK ABOUT THIS IN JUST A MOMENT.

BUT AT THE SAME TIME, YOU HAVE THIS TRACK MOVING ALONG ON TITLE NINE.

YOU HAVE A SIMILAR PARALLEL TRACK MOVING ALONG ON THE CLEARING.

AND THE CLEARY ACT WAS AMENDED BY THE VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT IN TWENTY THIRTEEN IMPLEMENTABLE IN JULY 15.

AND THEN WE'VE SEEN A SIGNIFICANT NUMBER OF ENFORCEMENT ACTIONS COMING OUT OF THE US DEPARTMENT OF EDUCATION.

CLEARLY COMPLIANCE GROUP, INCLUDING YOU'LL BE PAYING ATTENTION TO PENN STATE.

IT WAS FINES OF TWO POINT THREE MILLION MICHIGAN STATE FINES OF FOUR POINT FIVE MILLION.

AND REALLY THINKING THROUGH AND UNDERSTANDING THESE TWO LAWS THAT RUN PARALLEL DON'T QUITE INTERSECT. BUT GOVERNMENT INSTITUTIONS RESPONSE.

AND AT THIS POINT, IF YOUR EYES ARE GLAZE OVER AND SAYING, OK, DO I NEED TO KNOW THESE STATES, WHY ARE THEY IMPORTANT? WHAT'S THE HISTORY? IT'S REALLY SHARED IN THE CONTEXT OF RECOGNIZING THIS IS A LAW THAT HAS BEEN IN A LARGE STATE OF FLUX FOR A VERY LONG TIME.

TITLE NINE CLEARY HAS BEEN AMENDED AND EVOLVED AND IS A STATUTE THAT SCHOOLS REALLY STRUGGLED TO IMPLEMENT IN A TRULY PERFECT WAY, JUST BASED ON HOW THE STATUTES WRITTEN.

BUT WHAT WE HAVE SEEN IS EFFECTIVE PRACTICES IN SCHOOLS THAT ARE APPROACHING THESE ISSUES OR THAT. HOLDING TRUE TO THOSE PRINCIPLES OF FLICKING THE LENS, PUTTING OUR STUDENT, COMPLAINANT OR RESPONDENT, FACULTY OR STAFF FIRST AND THINKING ABOUT HOW WE IMPLEMENT IS REALLY THE IMPORTANT ELEMENT.

WE ONCE WORKED WITH A PRESIDENT OF A CALIFORNIA INSTITUTION WHO SHARED WITH US THAT I HAD THOUGHT IF I HAD THE PERFECT ALCHEMY OF POLICY, THAT I'D BE INOCULATED FROM THESE ISSUES.

AND WHAT I LATER REALIZED WAS I'D RATHER HAVE.

MEDIOCRE POLICY AND FIRST RATE IMPLEMENTATION.

AS OPPOSED TO A FIRST RATE POLICY AND MEDIA ATTENTION AND TO THINK ABOUT, UM, I THINK IT'S MAYA ANGELOU WHO SAYS I ACTUALLY HAVE ONE OF HER BOOKS I WAS READING TONIGHT BEFORE WE STARTED THAT THE WORLD WILL FOREVER REMEMBER HOW WE MAKE THEM FEEL PART OF THE PROCESS THAT'S REALLY SUCH AN IMPORTANT ELEMENT OF WHAT THE COLLEGE DOES.

AND RESPONDING TO A COMPLAINT.

I RESPONDED, BRING IT TO YOU TO PICK UP HERE FOR A LITTLE BIT.

RIGHT. SO AS LAUREN AND LESLIE MENTIONED, THERE WERE NEW FEDERAL REGULATIONS ISSUED IN MAY OF TWENTY 20.

SO JUST AS THE PANDEMIC WAS BEGINNING UNDERWAY, WE RECEIVED THESE NEW REGULATIONS.

THEY WERE VOLUMINOUS, OVER TWO THOUSAND PAGES.

THEY INCLUDED SIGNIFICANT RESOURCE MATERIAL THAT INTERPRETED AND GAVE COLOR TO AND SOMETIMES CHANGED THE INTERPRETATION OF THE PLAIN LANGUAGE.

AND CERRITOS, ALONG WITH ALL OTHER INSTITUTIONS, WORKED VERY HARD BETWEEN MAY AND AUGUST TO UPDATE POLICIES AND PROCEDURES TO COMPLY WITH THOSE NEW REGULATIONS.

AND SO NOW THAT WE'VE GIVEN YOU SORT OF THE LEGAL FRAMEWORK.

WE CAME BEFORE, RIGHT, WE'VE, OF COURSE, EXTENDED THAT TIMELINE EVEN FURTHER TO THE RIGHT TO TALK ABOUT THINGS THAT HAVE HAPPENED SINCE THE ISSUANCE OF THE NEW REGULATIONS.

SO WITH THE NEW PRESIDENTIAL ADMINISTRATION CAME AN EXECUTIVE ORDER IN MARCH, AND THE EXECUTIVE ORDER ESSENTIALLY SAID THAT THE SECRETARY OF EDUCATION WOULD REALLY REVIEW THE

[02:05:04]

BUT CONSIDERING WHETHER OR NOT THOSE SOME OF THE PARTICULARS IN THE REGULATIONS ISSUED IN TWENTY TWENTY SHOULD HOLD.

A VERY AMBITIOUS AGENDA TO DO THREE THINGS WITHIN ONE HUNDRED DAYS, AND I ACTUALLY SET AND CALCULATED WITH THAT ONE HUNDRED DAYS WOULD LOOK LIKE IT TOOK US TO JUNE 16TH, A DATE THAT WAS NOT MET BY THE FEDERAL GOVERNMENT, BUT CERTAINLY PART OF THEIR AGENDA FOR THE WAYS THAT THEY WANTED US TO MOVE FORWARD AS WE THINK ABOUT NEXT STEPS IN THE PROCESS.

AND THAT'S WE'RE ALL SORT OF HOLDING OUR BREATH AND WAITING FOR WHAT'S COMING NEXT.

THE OTHER THING THAT THE EXECUTIVE ORDER CLARIFIED IS UPON THAT THE SUPREME COURT DECISIONS THAT CAME OUT IN RECENT YEARS, INCLUDING THE DOC DECISION THAT WE CLARIFIED THAT TITLE NINE WAS APPLICABLE REGARDLESS OF A PERSON'S GENDER IDENTITY OR STATUS AS GENDER NONCONFORMING OR TRANSGENDER, INCLUDING SEXUAL ORIENTATION.

AND SO THAT WAS SORT OF AN OPEN QUESTION AS THOSE QUESTIONS WERE RESOLVED UNDER TITLE SEVEN AND THAT TITLE NINE.

AND SO WE GOT THAT PRONOUNCEMENT AS WELL.

SO THE PLANNED ACTIONS INCLUDED PUBLIC HEARINGS, WHICH WERE HELD BETWEEN JUNE 7TH AND JUNE 11TH, IF YOU'RE A GLUTTON FOR PUNISHMENT, THEY ARE AVAILABLE ON OSAS WEBSITE AND YOU CAN CERTAINLY READ ALL OF THE TESTIMONY AND COMMENTS THAT WERE SUBMITTED.

THEY PROMISED THE Q&A, WHICH WAS, IN FACT, RELEASED IN JULY.

THE Q&A CANDIDLY SAYS VERY LITTLE THAT IS NEW OR DIFFERENT THAN THE ALREADY SORT OF CONFLICTING GUIDANCE THAT COMES ALONG IN THE PREAMBLE OF THE REGULATIONS.

AND THEY PROMISED A NOTICE OF PROPOSED RULEMAKING, WHICH THEY'RE PROJECTING WILL NOT BE FOR THE SPRING OF TWENTY TWENTY TWO.

SO ANOTHER YEAR TO WORK WITH THE CURRENT REGULATIONS IN SPACE.

THE IF YOU'RE REALLY INTERESTED IN READING MORE ABOUT IT, THE Q&A IS THIRTY SEVEN PAGES ITSELF, PLUS AN EXTRA 30 PAGES AT THE END WHERE THE DEPARTMENT GIVES SIMPLE POLICY LANGUAGE. AND MUCH LIKE THE WHITE HOUSE TASK FORCE DID IN 2014, WHITE HOUSE TASK FORCE TO PROTECT STUDENTS FROM CAMPUS SEXUAL ASSAULT OR SEXUAL VIOLENCE.

IT SAYS THE SIMPLE POLICY LANGUAGE IS IS PROVIDED HERE FOR CLARITY, BUT IT'S NOT ENDORSED OR PREFERRED BY THE DEPARTMENT.

IT DOES NOT HAVE THE FORCE OF LAW AND USE OF THE SIMPLE POLICY.

LANGUAGE WILL NOT DEMONSTRATE COMPLIANCE, NOR DOES IT INCORPORATE OTHER APPLICABLE LAWS.

AND SO IT'S IT'S A LITTLE BIT OF AN EMPTY SET OF A DOCUMENT.

THERE'S VERY LITTLE NEW INFORMATION THAT EXISTS WITHIN THAT DOCUMENT IN A WAY THAT PERHAPS WE THOUGHT WE MIGHT HAVE SEEN.

AND IF WE THINK ABOUT SORT OF THIS HALF OF THE PROCESS, THIS IS WHAT'S BEEN HAPPENING IN THE TITLE NINE WORLD, IT'S CONSTANTLY SHIFTING, CHANGING.

WE THEN KICK TO THE RECENT COURT CASES THAT HAVE BEEN HAPPENING.

AND FRANKLY, CALIFORNIA IS REALLY SMACK DAB IN THE THICK OF CHANGING THE FACE OF TITLE NINE IMPLEMENTATION. AND LAUREN IS SMILING BECAUSE THE SCHOOL VERY NEAR TO USC IS ONE THAT HAS BEEN BORNE THE BRUNT OF A SIGNIFICANT NUMBER OF CASES.

IT DOESN'T MEAN THAT THERE WAS SOMETHING WRONG WITH WHAT THEY DID VERSUS WHAT ANY OTHER SCHOOL DID IN A TURNAROUND CONTEXT, BUT IT REALLY REFLECTS THAT.

AND ONE HUNDRED PERCENT OF THE CASES THAT YOU AS AN EDUCATIONAL INSTITUTION WILL INVESTIGATE WILL RESPOND TO AND AT LEAST 50 PERCENT OF THOSE CASES.

ONE OR THE OTHER OF THE PARTIES WILL WALK AWAY DISSATISFIED WITH THE OUTCOME.

AND WHEN THEY WALK AWAY, DISSATISFIED WITH THE OUTCOME, NO LONGER POINT THE FINGER AT ONE ANOTHER. THEY POINT IT BACK AT YOU AT THE PROCESS.

AND THAT'S WHY THE PROCESS IN THE CONDUCT OF THE PROCESS IS SO CRITICALLY IMPORTANT THAT YOU ARE ALWAYS THINKING ABOUT THE END OF THE DAY.

CAN I DOCUMENT AND SHOW WHAT I HAVE DONE? HAVE I FOLLOWED MY POLICY WITH FIDELITY AND CONSISTENTLY AND I'VE BEEN FAIR AND NEUTRAL TO BOTH PARTIES, DONE A COMPLETE INVESTIGATION AND GATHERED GOOD INFORMATION, AND THEN LET YOUR LITIGATORS RESPOND AFTER THAT, BECAUSE WE SHOULD EXPECT TO HAVE LITIGATION FROM ONE SIDE OR THE OTHER SIDE OR IN MANY INSTANCES, BOTH SIDES.

AT THE SAME TIME. WHAT YOU CAN CONTROL IS NOT HOW AN INDIVIDUAL CHOOSES TO LITIGATE AFTER THE FACT, BUT WHAT YOU CAN CONTROL IS HOW YOU ENGAGE IN THE PROCESS THROUGHOUT THE MIDDLE. AND THE COURT CASES BEGAN TO EVOLVE, ALONG WITH THE VOLUME REQUIREMENTS TO INCLUDE A MUCH GREATER SENSE OF TESTING OF THE INFORMATION, PARTICULARLY IN WHAT WE THINK OF AS A CREDIBILITY CASE.

SO A WORD AGAINST WORD TO INDIVIDUALS, PERHAPS TO DELAY AND REPORT NOW OUT OF FORENSIC EVIDENCE FOR THE CREDIBILITY OF THE PARTIES IS CRITICAL.

[02:10:03]

THE CROSS EXAMINATION IS A KEY ELEMENT TO BE ABLE TO TEST THE CREDIBILITY.

AND IT'S REALLY NOT A SURPRISE THAT OUR COURTS, BOTH FEDERAL AND STATE, HAVE BEEN CONTENT FOR A LONG TIME TO DEFER TO ACADEMIC INTEGRITY, TO DEFER TO EDUCATIONAL INSTITUTIONS, TO NAVIGATE THEIR OWN AFFAIRS, ADMINISTRATIVE PROCESSES.

BUT AS TITLE NINE PLACED THE RESPONSIBILITY SQUARELY ON COLLEGE CAMPUSES TO RESPOND TO SEXUAL VIOLENCE, A LOT OF US ASK THE QUESTION, WHY? WHY ARE WE RESPONDING TO THESE ISSUES? AREN'T THESE CRIMINAL ISSUES? I THINK LAW ENFORCEMENT ISSUES, THE ANSWER IS YES, THEY MAY BE.

BUT THERE'S A GREAT RECKONING OF THE UNDERSTANDING THAT IF WE THINK OF SEXUAL ASSAULT OR SEXUAL VIOLENCE IS EVER COMING, SOMEBODY'S FREEDOM OF WILL TO BE ABLE TO CHOOSE TO PARTICIPATE OR NOT.

WE RECOGNIZE AND UNDERSTAND THAT IN RESPONSES.

WE WANT TO DEFER TO AS MUCH AGENCY ON AUTONOMY OF THAT INDIVIDUAL, TO CHOOSE WHETHER TO REPORT WHO TO REPORT TO, HOW MUCH TO SHARE.

I WANT TO GO THROUGH A SCHOOL PROCESS WHERE I WANT TO GO THROUGH A POLICE PROCESS.

I WANT TO GO THROUGH THE PROCESS.

AND IN FACT, THE LAW IN TWO THOUSAND PRIOR TO 2013, THE LAW WAS ALWAYS UNDER CLEARY.

SO GOING BACK ON THE SEXUAL ASSAULT BILL OF RIGHTS, THE LAW WAS THAT WE HAD TO INFORM THE COMPLAINANT THEY HAD THE RIGHT TO GO TO LAW ENFORCEMENT AND THAT WE WOULD HELP THEM ARRIVE, GET THERE IF THEY WANTED TO.

IN 2013, WHEN THE CLERY ACT WAS AMENDED BY THE VIOLENCE AGAINST WOMEN ACT, IT ADDED TO DECLINED TO GO ALONG TO GO TO LAW ENFORCEMENT OR THE RIGHT TO DECLINE TO ENFORCE THEM, RECOGNIZING THE ROLE OF COMPLAINANT AUTONOMY.

AND HOLD ON TO THAT SAME.

A MOMENT WHEN WE DOVE INTO TALKING ABOUT THE NEW REGULATIONS, YOU'LL HEAR WHAT SIGNAL THAT THE FEDERAL GOVERNMENT GAVE TO COMPLETE AGENCY IN THAT SPACE.

BUT AS THESE COURT CASES WERE HAPPENING, WHAT WE SAW NOW WITH COURTS WERE SAYING, WAIT A MINUTE, WE KNOW A LOT ABOUT CRIMINAL PROSECUTION.

WE KNOW A LOT ABOUT HOW RAPE CASES SHOULD BE EVALUATED IN SCHOOLS.

WE DON'T THINK YOU'RE DOING IT IN A MODEL THAT LOOKS FAMILIAR TO US.

AND OUR MODEL IS A COURT SYSTEM THAT'S TESTED, EMBEDDED WITH CROSS-EXAMINATION.

AND WE THINK THAT'S REALLY THE ONLY WAY TO GET TO A GOOD SPACE OF TESTING CREDIBILITY.

SO ACROSS THE COUNTRY, SCHOOLS HAD HAD TO ADOPT IN CALIFORNIA.

THEY HAD TO ADAPT VERY QUICKLY IN THE THE CIRCUIT WHERE MICHIGAN IS CONTAINED.

THEY HAVE TO ADAPT VERY QUICKLY.

THERE ARE OTHER CASES OUT THERE ON THE OTHER SIDE.

SO YOU DON'T NEED CROSS-EXAMINATION.

THERE ARE LOTS OF TWO WAYS TO TEST CREDIBILITY BEYOND THAT.

BUT THE THE LIVING WAGE HAS REALLY BEEN IN THE SPACE THAT WE'VE JUST BEEN TALKING ABOUT, INCLUDING MOST RECENTLY A CASE THAT WE WILL TALK TO YOU ABOUT.

AND IT'S FUNNY BECAUSE THIS COMES A LITTLE BIT EARLY AND OUT OF ORDER AND PRESUMES THAT YOU ALL KNOW THE INTRICACIES OF THE REGULATIONS.

BUT AT THE HIGHEST LEVEL, THE REGULATIONS CURRENTLY REQUIRE THAT IF AN INDIVIDUAL FILES A FORMAL COMPLAINT, WE'LL TALK ABOUT THE DIFFERENCE IN A FORMAL COMPLAINT IN COURT.

BUT IF AN INDIVIDUAL FILES A FORMAL COMPLAINT, WE MUST INVESTIGATE AS A SCHOOL.

AND THERE'S AN INVESTIGATIVE PROCESS IS VERY ROBUST THAT ENDS WITH A LIVE HEARING.

AND AT THAT LIVE HEARING FOR A PARTY'S STATEMENT OR WITNESS A STATEMENT TO BE CONSIDERED, THEY MUST SUBMIT TO CROSS-EXAMINATION.

SO IF A COMPLAINANT OR A RESPONDENT SUBMITS TO CROSS-EXAMINATION, THEN THEIR STATEMENTS CAN BE CONSIDERED BY THE DECISION MAKER.

IF THEY DO NOT SUBMIT TO CROSS-EXAMINATION, THEN ANY STATEMENT THAT THEY GAVE PREVIOUS TO THAT, INCLUDING A TEXT MESSAGE THEY SENT TO A FRIEND OR A TELEPHONE CALL THEY MADE TO SOMEBODY TO. PORT ON NINE ONE ONE CALL OR THE STATEMENT THEY GAVE AN INVESTIGATOR.

ALL OF THAT IS EXCLUDED AND IT HAD LED TO A SPACE WHERE WE'RE FINDING VERY COMPETENT, VERY EXTENSIVE INVESTIGATIONS WITH A ZERO ABILITY FOR A SCHOOL TO ACTUALLY PUT A HEARING ON BECAUSE OF FAILURES OF WITNESSES OR PARTIES TO PARTICIPATE IN THE PROCESS.

SO, MAUREEN, CAN YOU SHARE JUST A LITTLE BIT ABOUT THIS NEWEST CASE THAT'S COME OUT? YEAH, BUT BEFORE I GO THERE, ONE OTHER CONCEPT TO HOLD IN YOUR MIND AT THE SAME TIME, WHICH IS THAT SCHOOLS DO NOT HAVE THE ABILITY TO SUBPOENA OR COMPEL PARTICIPATION.

AND SO ONE OF THE OTHER COMPONENTS OF THE REGULATIONS IS THE DEPARTMENT HAS SAID PEOPLE RETAIN THE FREEDOM TO CHOOSE WHETHER TO PARTICIPATE AND TO WHAT EXTENT THEY WISH TO PARTICIPATE AS A COMPLAINANT, RESPONDENT OR WITNESS.

AND ANY COMPULSION TO PARTICIPATE IN THE TITLE NINE PROCESS MAY BE CONSTRUED AS RETALIATION. AND SO WITH THAT SAID, RIGHT, WE ARE IN A SPACE WHERE ONE OF THE MOST CONTROVERSIAL PROVISIONS IN THE NEW REGULATIONS WAS THIS IDEA THAT A PERSON COULD CHOOSE NOT TO APPEAR AT THE HEARING OR COULD CHOOSE TO APPEAR AND JUST NOT ANSWER ALL OF THE QUESTIONS SEEKING RELEVANT EVIDENCE ON CROSS-EXAMINATION.

[02:15:02]

AND SO THAT ANOMALY WAS ONE OF THE FOCUSES OF A RECENT COURT CASE, A DISTRICT COURT CASE.

A FEDERAL COURT IN MASSACHUSETTS TOOK UP THE QUESTION OF WHETHER, GENERALLY SPEAKING, WHETHER THE NEW REGULATIONS WERE LEGAL AND WHETHER THE PROVISIONS IN THE NEW REGULATIONS WERE FOUNDED AND WERE SUBJECT TO THE RIGHT NOTICE, COMMON AND APPROPRIATE PROCESS TO BE IMPLEMENTED. AND WHAT THEY FOUND LARGELY WAS THAT THE NEW REGULATIONS STAND.

HOWEVER, THAT PROHIBITION AGAINST CONSIDERING ANYTHING THAT'S A STATEMENT UNLESS IT'S SUBMITTED TO CROSS-EXAMINATION, THEY FOUND TO BE ARBITRARY AND CAPRICIOUS.

AND THE TWO THINGS THAT THEY SAID ABOUT THAT WAS, NUMBER ONE, NOTHING IN THE RECORD.

SO NOTHING IN THAT NOTICE AND COMMENT PERIOD DEMONSTRATES THAT THE DEPARTMENT OF EDUCATION WAS AWARE OR HAD THOUGHT THROUGH THE RESULT, CONSIDERED AS A POSSIBILITY OR INTENDED THIS EFFECT. SO WHAT WE SAW WAS THAT THAT THERE WERE POTENTIALLY RESPONDENTS WHO MAY HAVE MADE IT IN BISHAN, EITHER IN A TEXT MESSAGE AFTER THE FACT, AN APOLOGY OR AT THE ACTUAL TIME OF THE INCIDENT HAD MADE A STATEMENT THAT INDICATED CULPABILITY.

AND JUST BASED ON THEIR DECISION NOT TO APPEAR, THAT STATEMENT COULD NOT BE CONSIDERED BY THE DECISION MAKER IN A SIMILAR WAY.

IF A COMPLAINANT HAD SHARED WITH A FRIEND THAT THE ALLEGATIONS WERE FABRICATED OR EMBELLISHED AND THEN THAT COMPLAINANTS DID NOT PARTICIPATE IN THE HEARING.

RIGHT. WE MAY BE IN A SPACE WHERE WE MAY NOT BE ABLE TO CONSIDER THAT INFORMATION, AND DEPENDING WHAT THE OTHER EVIDENCE IS THAT'S AVAILABLE, IT COULD CREATE A RESULT THAT'S ANOMALOUS AND AND COULD LEAD TO A FINDING OF RESPONSIBILITY, POTENTIALLY.

SO WITH THE THE OTHER THING THE COURT SAID WAS IN BALANCING THOSE SAFEGUARDS, THE JUSTIFICATIONS, THE BURDENS, THE POLICIES IN THE RUN UP TO THE HEARING, THAT ALL OF THOSE THINGS RESULTED WAS BASICALLY A HOLLOW EXERCISE.

AND IT SHOWED THAT THE DEPARTMENT OF EDUCATION FAILED TO CONSIDER THE CONSEQUENCES OF SUCH A A WATERSHED DECISION TO SAY WE'RE GOING TO NOT WE'RE GOING TO IGNORE ALL OF THESE YEARS OF JURISPRUDENCE.

WE'RE GOING TO IGNORE THE WELL-DEVELOPED FEDERAL RULES OF EVIDENCE AND OTHER OTHER RULES OF EVIDENCE THAT HAVE FOLLOWED UPON IT.

AND WE'RE SIMPLY GOING TO EXCLUDE ANY STATEMENT UNLESS SUCH INFORMATION IS OFFERED AT THE HEARING AND AND THAT PERSON SUBMITS TO CROSS-EXAMINATION.

THANK YOU, MAUREEN. SO THIS IS SORT OF THE MOMENT WHERE I BEGIN TO HYPERVENTILATE AND I THINK TO MYSELF, WE'RE WORKING SO HARD TO IMPLEMENT GOOD POLICY, WE'RE THINKING THROUGH HOW DO WE FOLLOW THE LAW? AND NOW EACH AND EVERY TIME I TURN AROUND, I FEEL LIKE THE RUG IS BEING PULLED OUT FROM UNDERNEATH THE BUS. IN TERMS OF HOW WE APPROACH THESE ISSUES, WHAT SHOULD I BE DOING IN THE MEANTIME? SHOULD I CONTINUE TO BE HAVING LIVE HEARINGS OF CROSS-EXAMINATION? WE KNOW THAT THERE ARE NEW REGULATIONS COMING.

WE KNOW THAT THERE'S A POSSIBILITY THAT AT LEAST THIS COURT, ONE COURT AND IT MAY BE THE FIRST OF MANY, HAS FOUND AT LEAST A PIECE OF THE REGULATIONS TO BE ARBITRARY AND CAPRICIOUS. IT'S NOT BINDING BEYOND MASSACHUSETTS.

AND THEY'VE REALLY DIRECTED THE DEPARTMENT TO GO BACK AND TO ADDRESS THE QUESTION.

BUT WHAT I WANT YOU TO DO IS SORT OF TAKE A DEEP BREATH AND RECOGNIZE THAT THIS ROLLER COASTER IS ONE THAT THAT THE COLLEGE HAS BEEN ON FOR 10 YEARS, SINCE APRIL OF 2011.

AND IF WE TURN TO THE NEXT SLIDE, WE REALLY THINK A LOT ABOUT HOW DO WE CHANGE IMPLEMENTATION AND WHAT IS OUR RUBRIC, HOW DO WE APPROACH THE ISSUES.

AND I THINK YOU MODELED THAT DECISION MAKING EARLIER TONIGHT AND SPEAKING TO THE ISSUES AROUND THE VACCINE APPROACHES.

SO FIRST, WHAT DOES THE LAW SAY? WHAT DO WE KNOW? THE LAW TELLS US WHAT ABOUT THE REGULATIONS OR ANY GUIDANCE DOCUMENTS DIVING MORE DEEPLY INTO OTHER RESOURCES? THE DEPARTMENT OF EDUCATION PUTS OUT UNDERSTANDING THAT FRAMEWORK.

SECOND, WHAT IS OUR POLICY SAY? WHAT DO WE SAY IN OUR POLICY CURRENTLY? WHAT DO WE LEARN FROM HOW WE'VE DONE THINGS IN THE PAST? WHAT DO WE LEARN ABOUT HIGHER EDUCATION EXPERIENCE? LOOKING TO UNDERSTAND A CASE THAT A SISTER SCHOOL WHERE THEY CHOSE NOT TO ALLOW RESPONDENT'S STATEMENT TO BE CONSIDERED BECAUSE THEY RESPONDED TO THE CROSS EXAMINATION, WHICH RESULTED IN THE FINDING THAT NOT RESPONSIBLE VERSUS TAKING A BOLDER APPROACH, PERHAPS TO CONSIDER THAT STATEMENT, EVEN THOUGH IT HADN'T BEEN CROSS-EXAMINED BECAUSE OF THE END OF THE DAY, YOUR INSTITUTIONAL VALUES SAID WE VALUE ACCOUNTABILITY, RESPONSIBILITY. WE HAVE FAITH AND CONFIDENCE THAT OUR PROCESS IS CORRECT AND ACCURATE,

[02:20:02]

WE'D RATHER TAKE THE RISK IN THIS CASE THAT WE CONSIDER THAT STATEMENT THAT WE FIND TO BE HAVE INTEGRITY AND RELIABILITY VERSUS THE OTHER RISK, WHICH IS THAT WE ARE NOT ABLE TO HAVE ACCOUNTABILITY, RESPONSIBILITY IN A CASE WHERE WE THINK THE EVIDENCE IS REALLY VERY CLEAR CUT. WE WANT TO MOVE FORWARD OR IT MAY BE THE FLIP AND MAYBE THE FLIP, BECAUSE I'M NOT WILLING TO TAKE THAT RISK THAT I WANT TO ENSURE THAT ANY DISCIPLINARY ACTION THAT WE IMPOSE FOLLOWS TO THE TEE EVERY SINGLE PIECE OF THE REGULATIONS.

AND SO THOSE ARE DECISIONS THAT WHAT YOU WILL SEE HAPPENING AS YOUR TIME IN OFFICE.

DIGEST THE NEW Q&A AS IT DIGEST THE NEXT STEPS WITH A NEGOTIATED WILL.

WE COULD BE TWO YEARS YET TWO AND A HALF YEARS.

THREE YEARS FROM WHAT THAT NEXT SET OF RULES LOOK LIKE, HOW DO WE GET THERE? AND YOU'VE MADE A NUMBER OF THOSE DISCRETIONARY DECISIONS ALREADY.

BUT AS LONG AS WE CONTINUE TO COME BACK TO WHAT ARE OUR INSTITUTIONAL VALUES AND ARTICULATING THOSE WITH SPECIFICITY, I'M GOING TO FOSTER COMMUNITY FREE FROM DISCRIMINATION, HARASSMENT.

I WANT TO REMOVE BARRIERS TO REPORTING.

I WANT TO ENSURE THAT OUR PROCESS IS CONSISTENT WITH OUR POLICY, OUR FOLLOW AND BE FAIR AND EQUITABLE AND EVERYTHING THAT WE DO.

THEN AS YOU COME UP WITH QUESTIONS AND DECISIONS OF SHOULD WE DO A OR B, YOU CAN RUN IT THROUGH, HOW DOES IT ADVANCE? FOSTER THAT ENVIRONMENT AND ADVANCE FOSTERING HAS ADVANCE FAIR PROCESS.

HOW DOES IT ADVANCE CONSISTENT WITH OUR POLICY, AND THEN GET TO A SPACE WHERE YOU COULD MAKE A DIFFICULT JUDGMENT CALL.

MAKE NO MISTAKE ABOUT IT, THIS IS A SPACE WHERE THERE ARE TREMENDOUS JUDGMENT CALLS TO NAVIGATE. AND IT'S ONE OF THE REASONS THAT DR.

HOUSE WAS SUPPORTED BY OTHERS.

HAS THE PARTNERSHIP OF DR.

FLORES CHURCH HAS BEEN PART OF THE TRAINING PART OF OUR CONVERSATIONS AND HAS THE SUPPORT MORE BROADLY OF CAMPUS PARTNERS? THESE ARE NOT ISSUES THAT EXIST IN ISOLATION WITHIN ONE POCKETABLE INSTITUTION THAT IS A PAN INSTITUTIONAL RESPONSIBILITY.

AND WITH THAT, I WANT TO FLIP TO SORT OF AN ENTERPRISE RISK MANAGEMENT APPROACH, WHICH IS RECOGNIZING THAT YOU CAN IDENTIFY THE RISK AND THE RISK THAT YOU WILL HAVE.

INCIDENTS OF SEXUAL OR GENDER BASED VIOLENCE IS A HIGH RISK GIVEN THE POPULATION, GIVEN THE CONTEXT, GIVEN THE CULTURE, GIVEN THE DYNAMICS OF THE ISSUES.

SAME THING WITH A LIKELIHOOD OF A HIGH LIKELIHOOD THAT IT WILL HAPPEN AND THAT WHEN IT DOES HAPPEN, THAT IT HITS WITH GREAT VELOCITY AND YOU REALLY DON'T HAVE THE TIME TO SLOW DOWN IN THE MOMENT. NOW, WHAT SHOULD WE DO NOW? HOW DO WE DO THIS? THIS IS NOT A QUESTION OF SPACE FOR TRAINING WHEELS.

WE ARE ALWAYS ON THAT BIKE AND KEEPING THAT BIKE MOVING.

WE TALK OFTEN ABOUT THE IDEA OF CHANGING THE WHEELS OF THE BUS WHILE THE BUSSES IN MOTION. WHEN WE'RE THINKING ABOUT ALL OF THE REGULATION CHANGES THAT HAVE BEEN HAPPENING, I THINK THAT'S PROBABLY AN UNDERESTIMATE.

IT'S MORE LIKE CHANGING THE PROPELLERS ON THE WINGS OF THE AIRPLANE WHILE THE AIRPLANE IS IN MOTION WHERE THERE ARE SIGNIFICANT VULNERABILITIES.

AND YOUR LEGAL COUNSEL AND YOUR TITLE NINE.

THEY ARE THE SAFETY NET THAT ARE HELPING YOU NAVIGATE ALL OF THESE RISKS THAT COME ALONG.

SO THE QUESTION IS, WHAT ARE YOUR CONTROLS? AND FOR THOSE OF YOU WHO ARE VERY ENTERPRISE RISK MANAGEMENT APPROACH DRIVEN.

WHAT ARE YOUR CONTROLS THAT YOU HAVE IN PLACE? AND THEN HOW CAN YOU ASK SENIOR LEADERS DRIVE THAT CONVERSATION.

AND IF YOU CATCH THE NEXT SLIDE, MAUREEN, IT'S REALLY THINKING ABOUT MONITORING ISSUES OF SEXUAL MISCONDUCT, OF SEXUAL AND GENDER BASED HARASSMENT AND VIOLENCE CONSISTENT WITH YOUR OBLIGATIONS AND OVERSIGHT RESPONSIBILITY FOR INSTITUTIONAL RISK.

SO IDENTIFYING THEM AS WE IN THE NATURE OF THE RISK, THE LIKELIHOOD OF THE OCCURRENCE, AND WHAT CONTROLS DO WE HAVE IN PLACE, WHETHER THEY BE ADDITIONAL PREVENTION, EDUCATION, WHETHER IT BE A POLICY AUDIT TO REVIEW AND UNDERSTAND, IS OUR POLICY LEGALLY COMPLIANT, WHETHER IT BE A POLICY AUDIT OF INDIVIDUAL CASES THROUGH YOUR INTERNAL AUDIT? ASK THAT WE FOLLOW OUR POLICY CONSISTENTLY, WHETHER IT BE AN ANNUAL REVIEW AT THE END OF EVERY YEAR THAT YOU DOUBLE CHECK YOUR POLICY OR YOU SEEK FEEDBACK FROM COMPLAINANTS IN RESPONSE TO ASSESS AND UNDERSTAND WHETHER YOU ARE REQUIRING.

AND THEY DON'T KNOW WHAT REPORTING THE DOCTOR DOES NOW.

BUT MOST BOARDS HAVE A PROCESS WHERE THE TIME LINE COORDINATOR REPORTS EITHER MONTHLY OR QUARTERLY ABOUT THE NATURE OF CASES THAT WE'RE SEEING, THE TYPES OF RISKS, THE PATTERN OF THE TRENDS, WHAT EDUCATIONAL PROGRAM IS HAPPENING AND REALLY ALLOWS YOU NOT ON AN INDIVIDUAL IN THE WEEDS CASE BASIS, WHAT HAPPENED BETWEEN ME AND SALLY ON AN AGGREGATE, UNDERSTANDING THE DYNAMICS OF THE ISSUES AND ALWAYS, ALWAYS, ALWAYS TESTING, HAVE WE APPROPRIATELY RESOURCED THIS FUNCTION OF THE INSTITUTION? DO WE HAVE THE RIGHT NUMBER OF PEOPLE ON THE RIGHT NUMBER OF RESOURCES AVAILABLE? BECAUSE MAKE NO MISTAKE ABOUT IT, WHILE TITLE NINE IS TIED TO FEDERAL FUNDING, IT IS AN UNFUNDED MANDATE BY THE FEDERAL GOVERNMENT, AS IS THE CLERY ACT.

AND IT'S ANOTHER ONE OF YOUR CORE RESPONSIBILITIES THAT GO TO PROVIDING A SAFE AND SECURE ENVIRONMENT. AND AGAIN, I'LL REPEAT IT WITH THE MANTRA FREE FROM DISCRIMINATION, HARASSMENT. SO LASTLY, ON LEADERSHIP CONSIDERATIONS, BEFORE WE DOVE INTO JUST HIGH LEVEL PIECES ABOUT THE LAW, TO GIVE YOU SOME FRAMING, SOME LANGUAGE, IT'S REALLY ABOUT SETTING

[02:25:03]

DR. FARO'S LEADERSHIP, PRIORITIZING ACCOUNTABILITY AND A SYSTEM OF CHECKS AND BALANCES IN YOUR POLICIES AND HOW YOU APPLY YOUR POLICIES AND THINKING ABOUT HOW YOU SUPPORT THOSE ADMINISTRATORS WHO ARE ON THE GROUND DAY IN AND DAY OUT.

I WOULD LIKE TO SAY THAT THIS IS THE FIRST TIME AND ALMOST ONE I AM IN PHILADELPHIA THAT I HAVE BEEN ON THE PHONE WITH MORE.

AND IT IS CERTAINLY NOT IT CERTAINLY WON'T BE.

THE LAST TIME I'M PART OF THAT IS BECAUSE WE CHOOSE TO HAVE WEST COAST, WEST COAST FRIENDS. AND PART OF IT IS BECAUSE TITLE NINE DOESN'T RESPECT THE TIME CLOCK.

IT DOESN'T SAY WE'RE ONLY GOING TO BRING YOU OUR ISSUES BETWEEN NINE AND FIVE EVENINGS AND WEEKENDS. AND THEY ARE URGENT IN WAYS THAT WE CAN'T IMAGINE SOMETIMES, AND THAT THE THINKING ABOUT THE WAY THAT YOU CAN SUPPORT THEM, PROVIDING OPPORTUNITIES FOR THEM TO HAVE TRAINING, EDUCATION AND SUPPORTING THE TRAINING EDUCATION THEY PROMOTE ON THE CAMPUS, PROVIDING TIME, TOOLS, RESOURCES AND PERSONNEL, HELPING TO COORDINATE SYSTEMS, PRIORITIZING CONSISTENT POLICIES, PROCEDURES AND PRACTICE, AND INTEGRATING AND SYNCHRONIZING THOSE PROCESSES.

SO WHAT IS YOUR DATA MANAGEMENT SYSTEM? HOW ARE YOU KEEPING RECORDS? YOU HAVE THE ABILITY TO SEARCH AND RETRIEVE INFORMATION AND THEN THINKING WITH STRATEGIC PLANNING TO IDENTIFY WHAT YOU'RE SORT OF A GAP ASSESSMENT OF YOUR STRENGTHS AND WHAT YOUR CHALLENGES ARE. AND I RECOGNIZE THAT THIS IS PROBABLY ONE OF THE WORST TIMES IN HIGHER EDUCATION TO SPEAK ABOUT THE ALLOCATION OF RESOURCES TO CRITICAL ISSUES, ESPECIALLY GIVEN WHAT WE ARE ALL NAVIGATING ACROSS THE COUNTRY WITH COVID-19 AND WITH THE PANDEMIC AND THE TREMENDOUS SHIFT THAT THAT HAS BEEN FROM OUR FINANCIAL AND OPERATIONAL PERSPECTIVE FOR EDUCATIONAL INSTITUTIONS.

BUT FINDING WAYS TO CONTINUE TO SUPPORT WITH ADDITIONAL PERSONNEL, ADDITIONAL EVEN EVEN SPIRIT, THAT MAKES SENSE.

SUPPORTING THAT IS A REALLY IMPORTANT THING.

AND SO I'M GOING TO PAUSE THERE FOR A MOMENT AND SEE IF WE HAVE ANY QUESTIONS TODAY.

AND THEN WE KICK THIS OFF INTO SOME DISCUSSION OF THE REGULATORY FRAMEWORK ITSELF.

I DO WANT TO GO BACK TO THE LAW ENFORCEMENT QUESTION.

THAT WAS IN THE TIME. I DON'T WANT TO LOSE THAT THREAD.

AND SO IF YOU HAVEN'T SEEN IN THE CHAT, THERE WAS A QUESTION ABOUT WHAT IS OUR ROLE AS A BOARD MEMBER WITH RESPECT TO REPORTING WHEN, AS BOARD MEMBERS, SHOULD WE GO TO LAW ENFORCEMENT, WHAT'S REQUIRED BY LAW, WHAT WE SHOULD DO BY LEADERS IN OUR COMMUNITY.

AND I WILL TELL YOU THAT THAT WHAT'S REQUIRED BY LAW IN YOUR POLICY IS THAT YOU REPORT TO THE AUDITOR.

AND THEN THE QUESTION ABOUT REPORTING TO EXTERNAL LAW ENFORCEMENT IS BOTH, I WOULD SAY, AND I INVITE LAURAN OR DR.

FLORAS CHURCH TO TO CHANGE MY ANSWER OR MODIFY IT BASED ON TREVINO'S PRACTICE.

BUT THE QUESTION IS WHETHER OR NOT YOU REPORT TO LAW ENFORCEMENT IS TYPICALLY AN INSTITUTIONAL DECISION BASED ON A HOST OF THINGS.

IS THERE A MINER THAT'S INVOLVED WHERE THERE MIGHT BE A REPORTING RESPONSIBILITY THAT WE HAVE TO REPORT OUT? DID IT COME THROUGH A PARTICULAR HEALTH CARE CONTEXT WHERE THERE'S A HEALTH CARE RESPONSIBILITY TO REPORT A KNIFE OR A GUN INJURY? SOLYNDRA, IS THERE A PERFECT EXCEPTION THAT ALLOWS THEM TO SHARE THIS INFORMATION BECAUSE IT IMPACTS HEALTH AND SAFETY? SO IS THERE A HEALTH AND SAFETY EXCEPTION OR IS THERE A AS IT'S HAPPENING IN THE MOMENT, RIGHT, THAT YOU SEE SOMETHING HAPPENING AND YOU MAKE THAT CALL AS AN INDIVIDUAL CITIZEN TO LAW ENFORCEMENT? IT'S ALWAYS A VERY CAREFUL BALANCING OF WHAT A COMPLAINANT IS REQUESTING OR WANTING VERSUS WHAT YOU AS AS AN EDUCATIONAL INSTITUTION MIGHT NEED TO BALANCE AND SAY WE'RE GOING TO REPORT THIS ANYWAY.

LAUREN? YEAH, THANK YOU, LESLIE.

RIGHT ON, THE ONLY PIECE THAT I WOULD ADD IS THAT PER THE POLICY BOARD OF TRUSTEES OF THE PRESIDENT'S OR DR.

FIERRO, ZIPPY'S MANAGERS AND SCPD HAVE ALL BEEN DESIGNATED AS OFFICIALS WITH AUTHORITY OR O.W.

A. UNDER THE POLICY AND IN ACCORDANCE WITH THE FEDERAL REGS.

AND THAT MEANS THAT ALL O.W.

WAYS ARE REQUIRED TO REPORT ANY SUSPECTED OR ACTUAL INCIDENTS OF SEXUAL HARASSMENT, SEXUAL MISCONDUCT OR AND THEN WE'VE EXTRAPOLATED IT AT SARITA'S TO AND PROTECTED CLASS MISCONDUCT TO TO ME AS THE COORDINATOR.

AND THEN FROM THERE, WE WILL THEN EQUIP THE REPORTING PARTY, THE IMPACTED INDIVIDUAL, WITH INFORMATION REGARDING HIS OR HER, THEIR RIGHTS AND RESOURCES AND EMPOWER THEM TO MAKE THE BEST DECISION FOR THEM.

BUT FOR THE CASES THAT LESLIE JUST TALKED ABOUT, LIKE IF THERE'S A MINOR INVOLVED, THOSE TYPES OF THINGS AND ELDER ABUSE SITUATION, SIMILAR SITUATION LIKE THAT, WHERE WE HAVE A WE WOULD DO THE RISK ANALYSIS AND AND MOVE FORWARD THAT WAY.

SO HELP US WITH THE LAW.

[02:30:01]

NUMBER ONE IS TITLE NINE, WHICH HAD A VERY HIGH LEVEL, PROHIBITS SEX DISCRIMINATION IN EDUCATION PROGRAMS OR ACTIVITIES.

THE SECOND IS THE CLERY ACT, WHICH IS LESLIE SAID WAS PASSED IN NINETEEN NINETY.

AND IT REQUIRES THE REPORTING OF PARTICULAR CRIMES, THE ISSUANCE OF TIMELY WARNINGS.

SO IF THERE'S A PRESENT DANGER ON YOUR CAMPUS WITHIN YOUR GEOGRAPHY, YOU'RE GOING TO SHARE THAT WARNING WITH YOUR CAMPUS, PARTICULAR EDUCATION AND PREVENTION PROGRAMING AND THEN CERTAIN POLICIES AND PROCEDURES DESIGNED TO ADDRESS SEXUAL ASSAULT.

AND THEN IN TWENTY THIRTEEN, WE HAD THE VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT, WHICH AMENDED THE CLERY ACT AND UPDATED CLERY TO CLARIFY THAT NOT ONLY IS SEXUAL ASSAULT ONE OF THOSE CRIMES THAT WE MUST COUNT AND REPORT, BUT WE MUST ALSO COUNT DATING AND DOMESTIC VIOLENCE AND STALKING.

THIS IS THE TEXT OF TITLE NINE, IT'S VERY SHORT AND STRAIGHTFORWARD, IT'S HARD TO BELIEVE THAT THROUGH THESE VERY FEW WORDS THAT WE SAW THAT WHOLE EVOLUTION OF TITLE NINE INTERPRETATION OVER THE YEARS.

BUT THIS IS THE TEXT OF TITLE NINE.

AND THE REGULATIONS THAT WE'VE BEEN TALKING ABOUT THAT CAME OUT LAST SUMMER, THEY FORMALLY INCORPORATE SEXUAL HARASSMENT AS A FORM OF SEX DISCRIMINATION.

AND THAT WAS FOR THE FIRST TIME A PRONOUNCEMENT FROM THE FEDERAL GOVERNMENT THAT DISCRIMINATION ON THE BASIS OF SEX CAN MEAN SEXUAL HARASSMENT, AN ACT OF SEXUAL HARASSMENT. THE FINAL REGULATIONS FOR THE FIRST TIME IMPOSE LEGALLY BINDING RULES WITH RESPECT TO RESPONDING TO SEXUAL HARASSMENT.

SO UNDER PRIOR PRESIDENTIAL ADMINISTRATIONS, PRIOR DEPARTMENTS OF EDUCATION, THEY HAD CHOSEN NOT TO CLARIFY HOW WE SHOULD ADDRESS THESE ISSUES THROUGH LAW OR REGULATION, BUT RATHER THROUGH GUIDANCE.

AND WE SAW SOME BLOG POSTS.

WE SAW DEAR COLLEAGUE LETTERS.

AND SO THIS WAS A REGULATORY WAS THIS WAS RULEMAKING THAT HAS THE FORCE AND EFFECT OF LAW. THE REGULATIONS ARE NOT INTENDED TO TO LAY OUT BEST PRACTICES, BUT RATHER TO GIVE US THE FLOOR AND WE THINK OF BUILDING UPON THAT IN TERMS OF WHAT'S EFFECTIVE IN SERVING YOUR COMMUNITY.

THE REGULATIONS SPECIFY THAT SCHOOLS ARE CONTINUING TO OPERATE IN A SPACE WHERE THEY CAN CHOOSE TO FOLLOW THE PRACTICES THAT BEST MEET THE NEEDS OF THEIR COMMUNITY, THAT BEST ADDRESS THEIR VALUES, THEIR CONCERNS OF THEIR COMMUNITY, AND THAT THEY CAN FOLLOW THE ADVICE OF OTHERS IN THE FIELD, INCLUDING EXPERTS ON CAMPUS AND OFF CAMPUS, WHO CAN SPEAK TO THE DYNAMICS OF THE ISSUES OR WHO HAVE DEEP EXPERIENCE IN THIS SPACE.

WE ARE STILL IN AN AREA OF FLUX WHERE WE ARE BALANCING THE MORE PRESCRIPTIVE ELEMENTS OF THE REGULATIONS, THE THINGS THAT WE MUST DO ALONG WITH A LOT OF JUDGMENTS.

AND SO WE ARE AT TIMES THE SEESAW MAY TIP A BIT ONE WAY OR THE OTHER IN TERMS OF WHETHER THE REGULATIONS SPEAK TO A PARTICULAR QUESTION.

BUT WE ARE ALWAYS APPLYING OUR JUDGMENT TO THESE CRITICAL QUESTIONS.

SO YOU MAY SEE THAT WE LIKE CHARTS, RIGHT? HERE'S YOUR HANDY DANDY, EVERYTHING YOU NEED TO KNOW ABOUT THE TIGHTER ON REGULATIONS IN ONE SPOT. IT WALKS THROUGH THE PROCESS FROM START TO FINISH, AND IT IDENTIFIES A WHOLE HOST OF SPACES, WHAT THE WHERE WE HAVE DISCRETION IN DECISIONS ALONG THE WAY.

WE'RE NOT GOING TO DOVE DEEPLY INTO EACH AND EVERY ELEMENT DOING A FULL TIME IN TRAINING ON THE REGULATIONS AS MUCH MORE THAN THE 90 MINUTES THAT WE HAVE THIS EVENING TOGETHER.

BUT AT THE VERY HIGH LEVEL, WE THINK ABOUT WHAT OUR INTAKE PROCESS IS WHEN WE HAVE NOTICED HOW WE HAVE TO RESPOND, WHAT HAPPENS IN THAT SPACE AS WE'RE EVALUATING WHETHER OR NOT TO MOVE FORWARD WITH THE FORMAL COMPLAINT, WHAT OUR JURISDICTION IS, WHAT IS FORMAL COMPLAINT BEING? AND WE'LL TALK ABOUT THE DIFFERENCE BETWEEN A REPORT AND A FORMAL COMPLAINT FROM OUR INSTITUTIONAL RESPONSE IF WE'VE DECIDED TO GO FORWARD WITH A FORMAL COMPLAINT. THERE ARE GROUNDS FOR DISCRETIONARY ASSAULT OR MANDATORY DISMISSAL WHERE WE HAVE TO DISMISS IT BECAUSE IT DOESN'T MEET OUR JURISDICTION AND OUR SCOPE.

AND I'LL FLESH THAT OUT IN JUST A FEW MOMENTS, IN A COUPLE OF SLIDES.

BUT THEN IF WE DECIDE TO GO FORWARD WITH THE FORMAL COMPLAINT, WE GO THROUGH A VERY ROBUST INVESTIGATIVE PROCESS THAT INCLUDES A NUMBER OF STAGES, GATHERING OF EVIDENCE FROM

[02:35:04]

IT WAS DIRECTLY RELATED, FOLLOWED BY AN INVESTIGATIVE REPORT THAT INCLUDES A SUMMARY OF THE RELEVANT INCULPATORY AND EXCULPATORY, FOLLOWED BY A LIVE HEARING.

AND WE WILL PREVIEW THAT LIVE HEARING WITH CROSS-EXAMINATION PARTIES HAVING THE RIGHT TO AN ADVISOR OF THEIR CHOICE THROUGHOUT.

BUT EVEN AT THE HEARING, IF THEY DON'T HAVE AN ADVISOR, THE COLLEGE MUST PROVIDE ONE FOR THEM. ULTIMATELY, THAT DECISION MAKER HAS TO BE SEPARATE AND YOUR INVESTIGATOR AND THAT DECISION MAKER DECIDES YOUR OUTCOME, FINDING AND SANCTION WHEN YOU HAVE THE RIGHT BOTH PARTIES TO APPEAL. THE OTHER OPTION, IF WE DIDN'T GO THROUGH A FULL INVESTIGATION, WOULD BE AN INFORMAL RESOLUTION WHERE BOTH PARTIES HAVE TO AGREE.

AND THAT COULD ONLY HAPPEN AFTER THE FILING OF A FORMAL COMPLAINT.

AND THE BOX IS OFF TO THE LEFT, WHERE WE SPEAK ABOUT IF A FORMAL COMPLAINT FILED IN THE DISCRETIONARY WITH A MANDATORY DISMISSAL AND THE RIGHT TO GO FROM THOSE WILL TALK.

SO THIS REALLY HIGHLIGHTS THE KEY ELEMENTS, BUT WE'LL WALK THROUGH IT IN A LITTLE BIT OF A MORE LINEAR WAY AS WE MOVE FORWARD.

SO THE DEFINITION OF SEXUAL HARASSMENT UNDER THE NEW REGULATIONS, IT INCLUDES THESE THREE COMPONENTS, IT MAY BE AN EMPLOYEE THAT CONDITIONS THE PROVISION OF AN A BENEFIT OR SERVICE OF THE INSTITUTION ON A PERSON'S PARTICIPATION AND UNWELCOME SEXUAL CONDUCT.

THAT'S WHAT WE TYPICALLY THINK OF AS QUID PRO QUO OR THIS FOR THAT SEXUAL HARASSMENT.

THE SECOND IS UNWELCOME CONDUCT THAT'S DETERMINED BY A REASONABLE PERSON TO BE SO SEVERE, PERVASIVE AND OBJECTIVELY OFFENSIVE THAT IT EFFECTIVELY DENIES THE PERSON EQUAL ACCESS TO THE INSTITUTION'S EDUCATION PROGRAM OR ACTIVITY.

THAT IS WHAT WE TYPICALLY THINK OF AS HOSTILE ENVIRONMENT HARASSMENT.

ALTHOUGH IT'S AUGMENTED, IT'S MAY BE HOSTILE ENVIRONMENT.

PLUS, BECAUSE UNDER THE TRADITIONAL TITLE SEVEN DEFINITION, IT'S SEVERE, PERSISTENT OR PERVASIVE HERE.

IT'S GOT TO BE SEVERE, PERVASIVE AND OBJECTIVELY OFFENSIVE SUCH THAT IT EFFECTIVELY DENIES A PERSON ACCESS.

AND THEN THE THIRD THE THIRD WAY THAT SOMETHING MAY QUALIFY AS SEXUAL HARASSMENT UNDER THE NEW REGULATIONS IS THAT IT CONSTITUTES SEXUAL ASSAULT, DATING OR DOMESTIC VIOLENCE OR STALKING. AND THOSE ARE THE CLEAREST DEFINITIONS.

SO WHEN AN INSTITUTION HAS ACTUAL KNOWLEDGE OF SEXUAL HARASSMENT IN ITS EDUCATION PROGRAM OR ACTIVITY AGAINST A PERSON IN THE UNITED STATES, THE INSTITUTION IS OBLIGATED TO RESPOND IN A WAY THAT IS PROMPT AND NOT DELIBERATELY INDIFFERENT.

AND THE REGULATIONS SPECIFY THAT A PERSON OR RECIPIENT IS DELIBERATELY INDIFFERENT ONLY IF IT'S RESPONSE TO SEXUAL HARASSMENT IS CLEARLY UNREASONABLE IN LIGHT OF THE KNOWN CIRCUMSTANCES. SO WHAT THE DEPARTMENT DID HERE IS TO SAY, IN EFFECT, IT'S ACTUALLY LIMITING THEIR OWN ENFORCEMENT TO SAY WE WILL ONLY FIND A UNIVERSITY COLLEGE IN VIOLATION OF TITLE NINE IF THE INCIDENT HAPPENED WITHIN THE EDUCATION PROGRAM OR ACTIVITY AGAINST A PERSON IN THE UNITED STATES.

AND WE WILL ONLY FIND THE INSTITUTION IN VIOLATION OF TITLE NINE IF ITS RESPONSE WAS CLEARLY UNREASONABLE IN LIGHT OF THE KNOWN CIRCUMSTANCES.

AND THAT CLEARLY UNREASONABLE PIECE IS THE SAME STANDARD THAT THE SUPREME COURT USED IN THE CASE IN DETERMINING CIVIL LIABILITY FOR TITLE NINE.

SO WHEN AN INSTITUTION HAS NOTICED, IT'S GOT TO DO PARTICULAR THINGS IN RESPONSE AND ONE OF THOSE IS MAKING PROMPT OUTREACH TO COMPLAINANTS TO OFFER WHAT THEY NOW CALL SUPPORTIVE MEASURES AND SUPPORTIVE MEASURES OR NON DISCIPLINARY NON-PUNITIVE THERE THINGS THAT WE CAN DO TO SUPPORT A PERSON STAYING ENGAGED IN THE EDUCATION PROGRAM OR ACTIVITY.

SO FOR A STUDENT, A SUPPORTIVE MEASURE MAY BE SOMETHING LIKE AN ADJUSTMENT TO THEIR CLASS SCHEDULE OR ASSISTANCE, CONNECTING WITH THE COUNSELING CENTER, HELP WITH MOVING RESIDENCE HALLS, AN EXTENSION TO A DEADLINE FOR AN EMPLOYEE, AND MAYBE SOMETHING LIKE CHANGING THEIR SHIFT OR HAVING THEM REPORT TO A DIFFERENT SUPERVISOR.

AND WE SO WE MUST OFFER THE SUPPORTIVE MEASURES AND WE MUST FOLLOW A GRIEVANCE PROCESS THAT COMPLIES WITH THE NEW REGULATIONS BEFORE IMPOSING ANY DISCIPLINARY SANCTIONS OR OTHER ACTIONS ON A RESPONDENT.

[02:40:03]

SO IS IT SOMEBODY WHO YOU OTHERWISE HAVE DISCIPLINARY AUTHORITY OVER AND DID IT HAPPEN IN SPACE THAT WOULD REALLY BE YOURS TO GOVERN? AND THEN SECOND, IT ALSO INCLUDES ANY BUILDING OWNED OR CONTROLLED BY A STUDENT ORGANIZATION THAT IS OFFICIALLY RECOGNIZED BY YOUR SCHOOL.

SO WHETHER THAT BE TYPICALLY WE SEE THAT IN THE CONTEXT OF A FRATERNITY OR A ANOTHER RESIDENTIAL SPACE, SAY, A CHESS CLUB AND THE CHESS CLUB TOGETHER IS THE SPACE THAT WE SEE FIT. AND THAT DEFINITION IS REALLY IMPORTANT IF WE THINK ABOUT THE NEXT SLIDE, BECAUSE WHAT THE TOURNAMENT REGULATIONS DID WAS A LITTLE BIT OF A NARROWING TO WHAT OUR JURISDICTION WAS PREVIOUSLY AND PREVIOUSLY IT WAS OUR NOTICE WAS A MUCH BROADER IT WAS TO ANY INDIVIDUAL WHO WAS DESIGNATED AS A RESPONSIBLE EMPLOYEE, WHICH INCLUDED INDIVIDUALS WITH THE AUTHORITY TO ADDRESS HARASSMENT, THE DUTY TO REPORT HARASSMENT, OR ANYONE THAT A STUDENT COULD REASONABLY BELIEVE THAT TO THE AUTHORITY.

NOW IT'S NARROWED, AS YOU SEE IN A MOMENT, TO THE OFFICIALS WITH THE AUTHORITY OF WHICH YOU ALL ARE PART OF THAT ESTEEMED CLUB.

SO THE THE WHAT HAS BEEN NARROWED IS MORE FROM THE DEFINITION FOR YOU.

AND THIS IS REALLY A SUMMARY SLIDE.

SO WE WENT FROM SEVERE, PERSISTENT OR PERVASIVE, A MUCH BROADER SET OF CONDUCT THAT UNREASONABLY INTERFERES WITH VERSUS NOW THE SEVERE.

PERSISTENT AND OBJECTIVELY OFFENSIVE THAT EFFECTIVELY DENIES.

WE ALSO KNOW QUID PRO QUO IN SOME WAYS THAT HAVE TO DO WITH SPECIFICALLY BY A DISTRICT OFFICIAL IN THE PERMISSION OF A DISTRICT SERVICE OR AIDE AND SO NARROWLY AS A QUID PRO QUO, LIMITED NOW TO ONLY THE EDUCATIONAL PROGRAM OR ACTIVITY IN THE UNITED STATES.

SO IF THERE'S A STUDY ABROAD PROGRAM, THESE REGULATIONS DON'T APPLY.

WE ADDRESS IT, BUT YOU CAN ADDRESS IT UNDER OTHER POLICIES AND PROCEDURES.

SIMILAR QUESTIONS ABOUT THINGS THAT MIGHT BE OFF CAMPUS, FOR EXAMPLE.

HOW DOES THAT IMPACT? AND WE'LL SHOW YOU A SLIDE ON THAT JUST FOR A MOMENT.

BUT EVEN MORE IMPORTANTLY, NOW YOU CAN FILE A FORMAL COMPLAINT AND REALLY LIMIT IT TO THOSE INDIVIDUALS WHO WERE PARTICIPATING OR ATTEMPTING TO PARTICIPATE IN THE EDUCATION PROGRAM. SO AN EMPLOYEE WHO HAS RESIGNED OR BEEN TERMINATED, WHETHER OR NOT THEY STILL HAVE THE ABILITY TO FILE A FORMAL COMPLAINT AGAINST SOMEBODY WHO'S STILL YOUR EMPLOYEE IS A QUESTION THAT HASN'T BEEN, I THINK, CLEARLY ANSWERED BY THE DEPARTMENT.

THEY HAVE SAID A STUDENT WHO HAS GRADUATED OR WHO HAS WITHDRAWN BUT PLANS TO RETURN IS SOMEBODY WHO MAY BE SEEKING TO PARTICIPATE IN ALUMNI ACTIVITIES, WERE SEEKING TO REENGAGE WITH THE COLLEGES OR THE STUDENT DEFINITION IS A LITTLE MORE FLUID AND EXPENSIVE TO ALLOW THOSE INDIVIDUALS. SO WE'VE NARROWED THE WHAT THE WHERE AND WE'VE NARROWED THE WHO.

BUT THAT DOESN'T MEAN THAT YOU AS AN INSTITUTION CAN'T RESPOND TO THE OTHER PIECES OF CONDUCT THAT MAY STILL OCCUR.

AND WE'LL COME BACK AND DOVE INTO THAT ONE.

DID YOU NOTICE ACTUALLY IN JUST A SECOND, I WANTED TO QUERY VERY HIGH LEVEL FOR YOU BECAUSE I'M COGNIZANT OF TIME AND I WANT TO MAKE SURE WE WALK THROUGH YOUR POLICY IN A WAY THAT MAKES SENSE TO YOU, THAT IS MORE IN FRAME, THAT GOVERNS OUR RESPONSE TO SEXUAL ASSAULT, DATING, VIOLENCE AND STALKING.

IT'S TIED TO THE IDEA OF A CAMPUS SECURITY AUTHORITY.

SO THOSE INDIVIDUALS ON CAMPUS WHO ARE CHARGED WITH SAFETY RESPONSIBILITIES OR WHO HAVE SIGNIFICANT RESPONSIBILITIES IN THEIR CAMPUS ACTIVITIES SHARE THOSE NUMBERS.

ESSENTIALLY THOSE NUMBERS THEN IN AN AGGREGATE WAY, GET PUT INTO YOUR ANNUAL REPORT AND YOUR DAILY CRIME LAW. AND THEY INFORM THOSE TIMELY WARNINGS THAT THE NEXT TWO SLIDES REALLY FOCUS ON SOME OF THE PROCEDURAL RIGHTS THAT WERE PUT IN PLACE IN 12.

AND AT THE TIME, THESE WERE CHANGES.

THIS WAS THE RECOGNITION THAT YOU COULD HAVE AN ADVISER OF YOUR CHOICE, WHICH COULD BE ANYBODY, NOT JUST THE FACULTY, STAFF OR OTHER MEMBER OF THE COLLEGE COMMUNITY.

AND IT COULD BE AN ATTORNEY.

AND THAT WAS NEW AND NOVEL AND DIFFERENT.

I THINK WE ALL THOUGHT THAT WAS GOING TO GRIND TO A HALT.

AND IT REALLY HASN'T.

WE'VE LARGELY BEEN ABLE TO FIGURE OUT HOW TO WORK THE TRANSITION PROCESS.

THE SECOND ELEMENT HERE THAT WAS REALLY IMPORTANT IS THE BOTTOM ONE, WHICH WAS THAT THE ACCUSER, THE ACCUSED AND APPROPRIATE OFFICIALS ARE GIVEN TIMELY AND EQUAL ACCESS TO INFORMATION THAT WILL BE USED.

SO GONE WERE THE DAYS THAT WE COULD HAVE BOTH STUDENTS COME IN.

THEY TELL US WHAT HAPPENED IN FRONT OF A HEARING AND FIGURE IT OUT IN REAL TIME.

THIS REQUIRED THAT NOW WE HAD TO GATHER INFORMATION IN ADVANCE.

WE HAD TO GIVE IT TO THE PARTIES, WHETHER IT WAS IN THE FORM OF THE DRAFT INVESTIGATION REPORT BEFORE A FINAL INVESTIGATION DECISION OR THE WAY THAT IT RULES NOW WITH AN EVIDENCE REVIEW AND AN INVESTIGATION REPORT BEFORE A SEPARATE DECISION MAKER, BUT

[02:45:02]

THIS CHANGE WHAT WE DO AND HOW WE DO IT, BECAUSE THERE WERE MANY TIMES IN THE OUTSIDE OF THE HOUSE WE TEND TO THINK, OH, THAT'S TITLE SEVEN, THAT'S NOT TITLE NINE.

BUT THE REALITY IS PENNYMAN APPLIES TO EMPLOYEES AS WELL, AND THEY BOTH OVERLAP.

AND WHERE YOU HAVE HEIGHTENED PROTECTIONS LIKE UNDER TITLE NINE, THOSE HEIGHTENED PROTECTIONS APPLY, WHICH MEANS WE BEGAN TO BE DOING MORE SHARING OF INFORMATION IN THE H.R. SIDE OF THE HOUSE IN A WAY CONSISTENT WITH WHERE WE ARE MOVING IN STUDENT PROCESSES.

SO THOSE PROCESSES HAVE CHANGED NINE IN 10 YEARS FROM STUDENTS WRITING THEIR OWN STATEMENTS, WHICH I SORT OF CALLED FLIP A COIN, BECAUSE WE'RE NOT GOING TO BE ABLE TO REALLY GET GOOD INFORMATION TO NOW REALLY DEDICATED AND FRANKLY EXPENSIVE IN TERMS OF TIME AND RESOURCES, WHETHER YOU DO IT INTERNAL OR EXTERNAL, THE ABILITY TO GATHER THAT INFORMATION, TO DOCUMENT IT IN A VERY HEIGHTENED WAY, AND THEN TO PUT IT IN FRONT OF EXTERNAL DECISION MAKER.

AND THE LAST SLIDE ON BOARD REALLY SPEAKS TO TRAINING, THE ABSENCE OF CONFLICT OF INTEREST. WE DO THINGS AS RECENTLY AS WE CAN.

WE CAN EXTEND THEM FOR A GOOD CAUSE.

BUT WE'RE WITH CANDOR AND TRANSPARENCY.

YOU'RE GOING TO TELL BOTH PARTIES AT THE SAME TIME WHAT THE OUTCOME WAS, HOW WE GOT TO THE OUTCOME, WHAT THE SANCTION WAS AND WHAT THE RATIONALE WAS.

AND THESE WERE REALLY PIECES IN THE VALUE REGULATIONS THAT WERE PUT IN PLACE TO AMELIORATE REMEDY OR REDRESS PAST BAD PRACTICES HAPPENING ON COLLEGE CAMPUSES WHERE A COMPLAINANT WAS TOLD THAT A RESPONDENT WAS SUSPENDED OR EXPELLED.

IT GETS OVERTURNED LATER, PERHAPS BECAUSE THE COLLEGE CHANGED IT NOW NOT COME UP AND DO THIS, BUT A COLLEGE CHANGE THAT THERE WAS CIVIL LITIGATION AND THEY DIDN'T WANT TO GO THROUGH CIVIL LITIGATION. SO THEY CHANGED ON THE PERSON COME BACK AND NOT TELL A COMPLAINANT. AND SO WE WERE SEEING.

WAYS IN WHICH RESPONDENTS WERE GETTING GREATER PROCESS AND GREATER KNOWLEDGE AND ACCESS TO INFORMATION THAT COMPLAINANTS WERE AND THIS IS REALLY ABOUT IN LARGE PART THROUGH BOBWHITE, ENSURING THE EQUITABLE SAME TREATMENT TO BOTH PARTIES WHO ARE INVOLVED.

AND AS YOU CAN SEE WHEN WE TALK IN JUST A MOMENT ABOUT THE REGULATIONS THEMSELVES, THAT WE ARE AT A SPACE WHERE THEY'VE NOW REALLY BEGUN TO MERGE.

AND SO THERE'S VERY LITTLE DAYLIGHT BETWEEN 10:00 AT NIGHT.

AND CLEARLY FROM OUR PROCEDURAL RESPONSE ELEMENT SEPARATELY, ONE OF THEM IS A CLEARING.

AND I SHOULD HAVE SAID THIS EARLIER AND I DIDN'T CLEAR IT WAS BASED ON A LAW PASSED IN FOLLOWING THE NINETEEN EIGHTY SIX RAPE AND MURDER OF JEAN CLEARY ON THE LEHIGH UNIVERSITY CAMPUS. SHE WAS ASLEEP IN HER RESIDENCE HALL WHEN THE CRIME OCCURRED IN HER PARENTS BASEMENT, HAD INDIVIDUALS ON CAMPUS KNOWING ABOUT SOME OF THE CRIMES THAT WERE HAPPENING, THAT THEY WOULD HAVE TAKEN SAFETY PRECAUTIONS THAT WERE DIFFERENT.

THEY MIGHT NOT HAVE PROPER RESIDENCE HALL DOORS OR THE EXTERIOR DOORS OF THE BUILDING OPEN. SO IT'S NOT A CIVIL RIGHTS LAW LIKE TITLE NINE.

IT'S A CONSUMER RIGHT TO KNOW TO SHARE ACCURATE, COMPLETE AND TIMELY INFORMATION WITH STUDENTS AND THEIR FAMILIES, INCLUDING PROSPECTIVE STUDENTS AND EMPLOYEES, SO THAT THEY CAN MAKE INFORMED DECISIONS ABOUT SAFETY.

LEON, BACK TO YOU FOR HIGH LEVEL DEFINITIONS, YOU'LL NOW SEE SLIDES THAT ARE IN BLUE THAT HAVE SERIOUS COVERAGE IN THE TOP LEFT CORNER, AND THESE ARE WHERE THEY'RE COMING FROM, YOUR POLICIES DIRECTLY.

THANKS, LESLIE. SO THE FIRST PLACE TO BEGIN IS TO WHOM THE POLICY APPLIES.

SO AGAIN, THIS IS THE CERRITOS COLLEGE POLICY AND THE SCOPE IS THAT IT APPLIES TO STUDENTS, EMPLOYEES, APPLICANTS FOR EMPLOYMENT AND APPLICANTS FOR ADMISSION.

THE DEFINITIONS OF SEXUAL HARASSMENT TRACK THOSE THAT WE DISCUSSED FROM THE NEW REGULATIONS, SO IT'S QUID PRO QUO, SEXUAL HARASSMENT, HOSTILE ENVIRONMENT, SEXUAL HARASSMENT AND SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING.

AS IT RELATES TO QUID PRO QUO THAT'S DEFINED AS A DISTRICT EMPLOYEE CONDITIONING, THE PROVISION OF AN A BENEFIT OR SERVICE OF THE DISTRICT ON AN INDIVIDUAL'S PARTICIPATION IN UNWELCOME SEXUAL CONDUCT, A HOSTILE ENVIRONMENT, UNWELCOME CONDUCT DETERMINED BY A REASONABLE PERSON TO BE SO SEVERE, PERVASIVE AND OBJECTIVELY OFFENSIVE THAT IT EFFECTIVELY DENIES A PERSON EQUAL ACCESS.

SO THIS SOUNDS FAMILIAR, RIGHT? THIS IS DIRECTLY PULLED FROM THE REGULATION.

SEXUAL ASSAULT AND AGAIN, THESE ARE REGULATORY DEFINITIONS, BUT YOUR POLICY SPECIFIES SEXUAL ASSAULT INCLUDES RAPE, WHICH IS DEFINED AS FOLLOWS.

SODOMY, SEXUAL ASSAULT WITH AN OBJECT FONDLING, WHICH IS THE TOUCHING OF A PRIVATE BODY, PART OF ANOTHER FOR THE PURPOSE OF SEXUAL GRATIFICATION WITHOUT CONSENT.

INCEST AND STATUTORY RAPE.

DATING VIOLENCE, SO, AGAIN, A REGULATORY DEFINITION, IT'S VIOLENCE COMMITTED BY A PERSON

[02:50:03]

AND WE DETERMINE THE EXISTENCE OF THAT RELATIONSHIP BASED UPON AND TOTALITY OF THE FACTS AND CIRCUMSTANCES, INCLUDING THE LENGTH OF THE RELATIONSHIP TYPE OF RELATIONSHIP, FREQUENCY OF INTERACTION BETWEEN THE PARTIES, DOMESTIC VIOLENCE COMMITTED BY A CURRENT OR FORMER SPOUSE OR INTIMATE PARTNER OR BY A PERSON WITH WHOM THE VICTIM SHARES A CHILD IN COMMON, COULD BE BY A PERSON IS COHABITING WITH OR HAS PREVIOUSLY COHABITING WITH THE VICTIM OR PERSONS SIMILARLY SITUATED.

STALKING IS DEFINED AS A COURSE OF CONDUCT DIRECTED AT A SPECIFIC PERSON THAT WOULD CAUSE A REASONABLE PERSON TO FEAR FOR HIS OR HER OR THEIR SAFETY OR THE SAFETY OF OTHERS OR TO SUFFER SUBSTANTIAL EMOTIONAL DISTRESS.

AND WE'RE GOING TO TALK THROUGH HOW YOUR POLICY WITH THE RESPONSE LOOKS LIKE UNDER YOUR POLICY. SO WE'RE GOING BACK TO OUR BIRD'S EYE VIEW SLIDE, AND THE FIRST PLACE TO FOCUS IS ON THE PROVISION OF SUPPORTIVE MEASURES AND DOCUMENTING THE INITIAL CONVERSATIONS AND OUTREACH TO THE IMPACTED PARTIES.

WANT TO GO BACK TO OUR TWO KEY PROVISIONS, SO THE FIRST IS, IN EVERY CASE, OFFERING SUPPORTIVE MEASURES EVERY TIME WE HAVE ACTUAL KNOWLEDGE, AND SECOND, PURSUING AN INVESTIGATION AND ADJUDICATION IN RESPONSE TO A FORMAL COMPLAINT.

YOU REMEMBER THAT THEME THAT WE TALKED ABOUT EARLIER AROUND ASUNCIÓN AUTONOMY, YOU CAN GO TO THE NEXT MORNING. THIS IS REALLY REFLECTING THE DIFFERENCE BETWEEN WHAT A REPORT IS, WHICH IS I COME FORWARD AND TELL YOU WHAT HAPPENED, BUT I DON'T NECESSARILY ASK FOR AN INVESTIGATION. AND IF ALL I WANT IS SUPPORTIVE MEASURES, I CAN MAKE A REPORT AND GAIN THE SUPPORT OF MEASURES VERSUS A FORMAL COMPLAINT WHICH TRIGGERS AN OBLIGATION TO INVESTIGATE UNLESS THAT MEETS SOME OF THOSE DISCRETIONARY OR MANDATORY DISMISSALS GROUNDS.

THAT DIDN'T HAPPEN IN THE US.

IT DIDN'T HAPPEN BECAUSE YOUR ACTIVITY DOESN'T MEET THE DEFINITION OF SEXUAL HARASSMENT.

AND SO THAT REALLY PUT IN THE HANDS OF THE COMPLAINANT.

DO I WANT JUST TO REPORT AND GET HELP OR DO I ALSO WANT TO PARTICIPATE IN AN INVESTIGATION? IF I ASK YOU TO DO IT, YOU HAVE TO DO IT.

THERE'S ALSO A SPACE WHERE YOUR TITLE NINE COORDINATOR CAN FILE A FORMAL COMPLAINT ON BEHALF OF AN INDIVIDUAL OR ON BEHALF OF THE COLLEGE IF THEY WANT TO MOVE FORWARD WITH THAT. AND SO WHAT THAT MIGHT LOOK LIKE ON THE NEXT SLIDE IS WHEN AN INDIVIDUAL COMES IN ON YOUR POLICY, THEY CAN ASK FOR THOSE SUPPORTIVE MEASURES.

ONLY MOREEN, DEFINE THOSE FOR YOU EARLIER.

WE'LL SHOW YOU IN A MINUTE WITH SOME EXAMPLES ARE BUT NON DISCIPLINARY, NON-PUNITIVE, INDIVIDUALIZED SERVICES DESIGNED TO RESTORE OR PRESERVE EQUAL ACCESS TO EDUCATION PROGRAM OR ACTIVITY WITHOUT BURDENING THE OTHER PARTY.

IF WE FILE A FORMAL COMPLAINT, I CAN MOVE TO AN INFORMAL RESOLUTION WHICH HAS TO BE WITH CONSENT OF BOTH PARTIES, VOLUNTARY WRITTEN CONSENT.

AND THE ONLY LIMITATION IS THAT I CAN'T USE ONE RESOLUTION TO RESOLVE THE ALLEGATION THAT AN EMPLOYEE SEXUALLY HARASSED THE STUDENT BECAUSE OF THE POWER DIFFERENTIAL INVOLVED THERE. THEN THE OTHER OPTION THAT WE'LL SPEND MORE TIME ON IN OUR LAST 15 MINUTES OR SO IS FORMAL RESOLUTION OF WHAT WHAT IS FORMAL RESOLUTION LOOK LIKE? THAT INVESTIGATION, EVIDENCE REVIEW, INVESTIGATIVE REPORT, LIVE HEARING APPEAL THAT WE TALKED THROUGH. SO THE INDIVIDUAL WHO REPORTS AND AGAIN, THIS IS LANGUAGE FROM THE POLICY, HAS THE OPPORTUNITY TO DECIDE WHETHER THEY WANT TO PURSUE A FORMAL COMPLAINT AND REPORTING DOES NOT AUTOMATICALLY INITIATE THAT.

AND WE'RE REALLY TRYING TO GET POSSIBLY REPORTING AND INCREASED REPORTING AND SO THAT WE CAN THEN GIVE INFORMATION TO FORM AN INDIVIDUAL AS TO WHETHER OR NOT THEY WANT TO MOVE FORWARD OR NOT, AND TO GIVE THE DISTRICT THE ABILITY TO PROVIDE ALL OF THE SUPPORTIVE RESOURCES AND TO TAKE STEPS TO PREVENT THE RECURRENCE OF THE CONDUCT.

IT ALSO MEANS AND THIS GETS BACK TO THE DEFINITION THAT WE FRAME FOR YOU EARLIER AND THAT LAUREN SPOKE TO YOU ABOUT THE OFFICIAL WITH THE AUTHORITY AND ON THE NEXT STEPS FORWARD FOR YOU, DISTRICT OFFICIALS WITH AUTHORITY AREN'T CONFIDENTIAL.

THEY CAN'T WITHHOLD INFORMATION.

THEY'RE REQUIRED TO REPORT ALLEGATIONS OF SEXUAL HARASSMENT, INCLUDING ALL RELEVANT INFORMATION, THE NAME, THE DATE, THE TIME.

AND SO KNOWING THAT THE GOAL IS TO GET INFORMATION CENTRAL, ALL OF THAT CRAZY CHART SLIDE AS A BEGINNING TO THE CENTRAL PROCESS CAN RESPOND IN A MANNER CONSISTENT WITH THE POLICY.

AND IF WE JUMP DOWN TO SLIDES, IT'S GOING TO SHOW YOU WHO YOUR OFFICIALS WITH AUTHORITY ARE, YOUR BOARD OF TRUSTEES.

EACH OF YOU WITH US TONIGHT, DR.

FITO, THE VICE PRESIDENTS AND ASSISTANT SUPERINTENDENTS, MANAGERS, THE SCPD AND

[02:55:04]

THOSE ARE THE INDIVIDUALS THAT YOU'VE SAID IN YOUR POLICY OR THE INDIVIDUALS THAT IF ANY ONE OF THOSE INDIVIDUALS KNOWS THAT AS ACTUAL KNOWLEDGE, THAT PUTS THE INSTITUTION ON NOTICE THAT THEY NOW HAVE TO PROCEED WITH EXACTLY WHAT IS GOING TO WALK YOU THROUGH WHEN A REPORT COMES IN, WHAT THAT LOOKS LIKE.

SO WHEN A REPORT COMES IN, ESSENTIALLY, LAWRENCE CAN GIVE YOU FOUR THINGS, NUMBER ONE, SHE'S GOING TO MAKE PROMPT OUTREACH TO THE COMPLAINANT TO OFFER SUPPORTIVE MEASURES TO SHE'S GOING TO TAKE INTO ACCOUNT THE COMPLAINANTS WISHES WITH RESPECT TO THOSE SUPPORTIVE MEASURES. THIRD, SHE'S GOING TO SHARE WITH THE COMPLAINANT THAT SUPPORTIVE MEASURES ARE AVAILABLE WITH OR WITHOUT THE FILING OF A FORMAL COMPLAINT.

AND FOURTH, SHE'S GOING TO INSTRUCT THE COMPLAINANT ON HOW TO FILE A FORMAL COMPLAINT IF THEY WISH. YOUR POLICY SPECIFIES THAT AN INDIVIDUAL WHO'S REPORTED AN INCIDENT DOES NOT HAVE TO INITIATE A FORMAL PROCESS.

THE IMPACTED INDIVIDUALS WILL HAVE THE AGENCY AND AUTONOMY TO DETERMINE WHAT, IF ANY, REPORTING OPTIONS THEY CHOOSE TO PURSUE.

SO THIS IS JUST A RESTATEMENT OF WHAT WE SAID, RIGHT, THAT UPON RECEIVING A REPORT, WARREN WILL MAKE THAT PROMPT OUTREACH.

SHE WILL EXPLAIN THE POLICY AND PROCEDURE, INVITE THE COMPLAINANT TO HAVE AN IN-PERSON MEETING AND DISCUSS THE SUPPORTIVE MEASURES.

YOUR POLICY TALKS ABOUT SUPPORTIVE MEASURES IN THE SAME WAY AS REGULATIONS DO THEIR NON DISCIPLINARY, NON PUNITIVE, INDIVIDUALIZED SERVICES, THEY'RE OFFERED FREE OF CHARGE TO A COMPLAINANT OR A RESPONDENT, AND THEY'RE OFFERED, REGARDLESS OF WHETHER THERE'S A FORMAL COMPLAINT FILED.

THE SUPPORTIVE MEASURES ARE DESIGNED TO RESTORE OR PRESERVE ACCESS TO THE EDUCATION PROGRAM OR ACTIVITY, THEY'RE DESIGNED TO PROTECT THE SAFETY OF ALL PARTIES, TO PROTECT THE DISTRICT'S EDUCATIONAL ENVIRONMENT AND OR TO DETER SEXUAL HARASSMENT.

AND THE SUPPORTIVE MEASURES ARE PROVIDED ON A CONFIDENTIAL BASIS TO THE EXTENT POSSIBLE.

SO WHAT THAT MEANS IS THAT NEITHER LAURA NOR ANYONE ELSE IS GOING TO BROADCAST TO THE CAMPUS COMMUNITY THAT THIS PERSON IS RECEIVING SUPPORTIVE MEASURES, BUT RATHER ONLY SHARE THAT INFORMATION WITH INDIVIDUALS WHO ARE IN THE NEED TO KNOW CIRCLE WHO WILL BE PART OF IMPLEMENTING THOSE MEASURES.

SO IF A SUPPORTIVE MEASURE IS, FOR EXAMPLE, MOVING A STUDENT FROM THEIR RESIDENCE HALL TO ANOTHER RESIDENCE HALL, THAT MAY INVOLVE SHARING THAT INFORMATION WITH SOME PEOPLE IN RESIDENCE LIFE, IF IT IS INVOLVING ASKING FOR AN EXTENSION ON AN EXAM, THEN THERE MAY BE SOME LIMITED INFORMATION THAT'S SHARED WITH THE PROFESSOR AROUND THAT REQUEST, BUT NOT A LARGE SHARING OF INFORMATION BROADLY.

THESE ARE SOME EXAMPLES IN YOUR POLICY ABOUT SUPPORTIVE MEASURES, SO ACCESS TO COUNSELING, EXTENSIONS OF DEADLINES, CAMPUS ESCORTS, MUTUAL NO CONTACT DIRECTIVES, CHANGES IN WORK OR HOUSING LOCATION, LEAVES OF ABSENCE, INCREASED SECURITY OR MONITORING OF CERTAIN AREAS OF CAMPUS AND ANY OTHER REASONABLY AVAILABLE SUPPORTIVE MEASURES.

IN ADDITION TO MAKING OUTREACH TO COMPLAINANT AND OFFERING ACCESS TO SUPPORTIVE MEASURES, LAUREN IS ALSO GOING TO BE PART OF A RISK ASSESSMENT PROCESS.

AND SO UPON RECEIVING THE REPORT, LAUREN WILL GATHER BASIC INFORMATION.

TRY TO UNDERSTAND THE FULL CONTEXT OF WHAT IT IS THAT'S ALLEGED TO HAVE OCCURRED.

UNDERSTAND THE PARTIES AND WHETHER THERE HAVE BEEN ANY PRIOR INTERSECTIONS BETWEEN THOSE PARTIES AND OTHER CAMPUS OFFICES AND ASSESS WHETHER THERE ARE ANY IMMEDIATE HEALTH AND SAFETY RISKS, FOR EXAMPLE, WHETHER TO INITIATE, IF IT'S A STUDENT, THE EMERGENCY REMOVAL PROVISION, WHICH WOULD ALLOW THE COLLEGE TO TAKE STEPS TO REMOVE SOMEONE FROM THE CAMPUS ON ON THE BASIS OF AN EMERGENCY REMOVAL, WHICH FOLLOWS AN INDIVIDUALIZED SAFETY AND RISK ASSESSMENT. SO I'LL DRIVE US INTO THE FORMAL COMPLAINT PROCESS THAT GETS US MOVING DOWN INTO THE INVESTIGATION OF AN OVERVIEW.

WE'VE MOVED DOWN THE CHART JUST SLIGHTLY NOW TO MOVING PAST REPORTS.

WE HAVE AN INDIVIDUAL WHO'S FILED A FORMAL COMPLAINT.

WELL, MY COMPLAINT IS SIMPLY A WRITTEN DOCUMENT THAT SAYS, I WANT YOU TO DO AN INVESTIGATION. IT'S NOT ANYTHING MORE COMPLICATED THAN THAT.

BUT TITLE NINE COORDINATOR CAN FILE A FORMAL COMPLAINT, AS WE TALKED ABOUT EARLIER, IN THE PROCESS. AND THEN WE CAN ONLY MOVE FORWARD WITH THAT FORMAL COMPLAINT, AS WE FRAMED

[03:00:09]

YOU'VE EXERCISED YOUR DISCRETION.

WE'VE TALKED ABOUT THAT BALANCE OF DISCRETION VERSUS PRESCRIPTION TO SAY WE'RE ALSO GOING TO APPLY TO INSTANCES OF OFF CAMPUS MISCONDUCT THAT EFFECTIVELY DEPRIVE SOMEONE OF ACCESS TO ON CAMPUS ACTIVITIES OR OFF CAMPUS OR ONLINE CONDUCT WHEN WE DETERMINED THAT CONTACT AFFECTS A SUBSTANTIAL DISTRICT INTEREST.

AND I HOPE WHAT YOU'RE SEEING SORT OF WE DO A HIGH LEVEL FRAMING, SHOW YOU WHAT THE LAW IS AND THEN SHOW HOW YOU CAN LIVE WITH THAT IN YOUR POLICY, OR AS MY DAD TAUGHT ME WHEN HE WAS TEACHING ME PUBLIC SPEAKING.

TELL HIM WHAT YOU GOT HIM. TELL HIM TELL HIM WHAT YOU TELL HIM AND THEN TELL HIM WHAT YOU TOLD HIM. RIGHT.

THAT RULE OF PRIMACY, RECENCY REPETITIVENESS.

SO THANK THROUGH THE NEXT PIECE THAT YOU HAVE DECIDED THAT YOU WILL RESPOND TO SEXUAL HARASSMENT, SEXUAL MISCONDUCT THAT DOESN'T FIT IN THAT NARROW CHANNEL NINE DEFINITION, OR THAT MIGHT HAPPEN OUTSIDE OF EDUCATION ACTIVITIES OUTSIDE OF THE US UNDER REGULATE YOUR OTHER PROCEDURES THAT YOU HAVE AT THE COLLEGE OR THE DISTRICT POLICIES AND PROCEDURES.

AND HERE'S A LITTLE GRAPHIC OF WHAT THAT LOOKS LIKE.

THE IDEA IS THERE ARE SOME FORMS OF SEXUAL MISCONDUCT.

IF YOU DROP DOWN THE LEFT AND THE LIGHT BLUE, THE SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING THAT HAPPEN ON CAMPUS IN OUR PROGRAM, IN THOSE TWO BOXES AT THE BOTTOM OR THE EXCEPTIONS THAT I JUST READ OFF CAMPUS.

BUT YOU'VE GOT CONTROL, SUBSTANTIAL CONTROL OVER THE RESPONDENT IN THE CONTEXT OR OFF CAMPUS. AND IT'S A STUDENT.

IT'S A PROPERTY OWNED OR AT LEAST OFFICIALLY RECOGNIZED NORMALIZATION AND THEN OFF TO THE RIGHT ARE THE SPACES WHERE YOU DON'T HAVE TO FOLLOW THE SAME FORMAL TITLE AND PROCESS THOSE OTHER OFF CAMPUS PIECES THAT WE TALKED ABOUT AND OR CONDUCTED.

SO ESSENTIALLY IMPACTS THAT IMPACTS A SUBSTANTIAL DISTRICT INTEREST.

SO JUST THINKING ABOUT THE TWO KIND OF FRAMEWORKS FOR RESPONSE AND THEN JUST TO GIVE YOU A VERY HIGH LEVEL, BRIGHTLY COLORED GRAPHIC TO MAKE THIS UP FOR OUR LAST FIVE MINUTES OR SO TO GET TO EITHER IN RESOLUTION OR FORMAL RESOLUTION, IT ALL FLOWS FROM THAT FORMAL COMPLAINT. WE WILL WRITE DOWN OUR GRAYSCALE CHART TO LOOK AT THE INVESTIGATION PROCESS, THE INVESTIGATION SPACE, WHERE THE TITLE NINE COORDINATOR IS CHARGED WITH OVERSEEING THAT INVESTIGATION. DOES NOT DO THOSE HERSELF, BUT THERE'S A TITLE NINE INVESTIGATOR WHO DOES THOSE INVESTIGATIONS.

AND THERE HAS TO BE CONDUCTED BY SOMEBODY WHO'S TRAINED TO FAIRLY, OBJECTIVELY EVALUATE INFORMATION AND ALL OF THOSE INDIVIDUALS.

THERE'S A SPECIFIC LIST OF TRAINING THEY HAVE TO RECEIVE UNDER BOTH TITLE NINE AND UNDER THE CLEARY ACT. AND THOSE TRAININGS HAVE TO BE POSTED ON THE DISTRICT WEBSITE WEBSITE TO SHOW THE TRAINING THAT HAS BEEN RECEIVED IN TERMS OF HOW TO MOVE THROUGH AND UNDERSTAND THOSE ISSUES. AND THEN THIS IS ONE OF MY FAVORITE CHARTS I CAN'T CLAIM CREDIT FOR.

ONE OF OUR ATTORNEYS MADE THIS CHART, BUT IT'S JUST UNDERSTANDING WHAT EACH OF THE STEPS IN THE PROCESS OF INVESTIGATION TO FILE A FORMAL COMPLAINT.

THERE'S A WRITTEN NOTICE OF ALLEGATIONS.

SO EVERYBODY'S VERY CLEAR ON WHAT POTENTIAL CONDUCT IS WHEN IT'S ALLEGED TO HAVE OCCURRED, WHAT THE POTENTIAL POLICY VIOLATION IS.

THERE'S A FAIR AND IMPARTIAL AND COMPREHENSIVE INVESTIGATION WHERE EVERYBODY HAS THE OPPORTUNITY TO GIVE INFORMATION TO IDENTIFY WITNESSES AND THEN THE MIDDLE MAROON BOX EVIDENCE REVIEW. EVERYBODY GETS TO SEE WHAT'S DIRECTLY RELATED WITH THAT HAVE WRITTEN RESPONSES. BOTH PARTIES GET TO SAY WRITTEN RESPONSE, THE EVIDENCE REVIEW, THE INVESTIGATOR. I THINK YOU SHOULD CONSIDER THIS OR YOU DIDN'T EVALUATE THAT EVIDENCE OR WOULD YOU INTERVIEW THIS WITNESS? THOSE WRITTEN RESPONSES GET FOLDED INTO AN INVESTIGATIVE REPORT THAT FAIRLY SUMMARIZES THE RELEVANT EVIDENCE BOTH INCULPATORY AND EXCULPATORY.

RELEVANT HAS A NARROWER CIRCLE THAN DIRECTLY RELATED.

AND THEN ULTIMATELY THE PARTIES GET A WRITTEN RESPONSE AGAIN TO THE INVESTIGATIVE REPORT.

AND THEN YOUR LIVE HEARING PANEL OR DECISION MAKER.

IN THIS CASE, YOU WANT AN EXTERNAL DECISION MAKER GETS TO REVIEW THE INVESTIGATION REPORT, GETS TO REVIEW THOSE WRITTEN RESPONSES, AND THAT INDIVIDUAL GETS TO MAKE THEIR OWN DECISIONS AS TO WHAT'S RELEVANT OR NOT WHAT THEY WANT TO CONSIDER OR NOT.

AND THROUGHOUT THIS PROCESS, IF WE JUMP TO THE NEXT SLIDE, THE BURDEN IS ALWAYS ON THE DISTRICT TO GATHER THE INFORMATION.

WE'RE NOT PLACING THAT BURDEN ON THE PARTIES OR THE STUDENTS IN MUCH THE SAME WAY THAT YOU ARE TRYING TO FIGURE OUT HOW TO NAVIGATE VACCINES AND TEST YOU BY NOT PLACING THE BURDEN ON THE INDIVIDUALS.

THIS IS AN INSTITUTIONAL RESPONSIBILITY.

THE LAST SORT OF HANDFUL OF SLIDES THAT WE WALK THROUGH, WE TALK ABOUT THE EQUITABLE PROCESS THROUGH OUR PROCEDURES, APPLY EQUALLY TO BOTH, AND WE'RE NOT GOING TO SANCTION UNLESS WE GET TO A SPACE THAT WE SAY BY A PREPONDERANCE OF THE EVIDENCE THAT MORE LIKELY THAN NOT THAT A VIOLATION OCCURRED.

[03:05:01]

AND THEN REALLY IMPORTANT, AS WE SAW IN THE VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT, PRINCIPLES THAT ANYBODY WHO'S INVOLVED IN THIS PROCESS, THE TURNAROUND COORDINATOR, INVESTIGATIVE DECISION MAKER OR SOMEBODY STILL TAKES IN FOR A RESOLUTION PROCESS, HAS TO BE FREE FROM ACTUAL BIAS OR CONFLICT OF INTEREST.

AND YOU HAVE A PROCESS IN WHICH TO CHALLENGE THAT.

AND THAT'S REALLY IMPORTANT TO ENSURE THAT WE'RE GETTING GOOD INFORMATION BY INDIVIDUALS WHO ARE NEUTRAL AND IMPARTIAL.

ULTIMATELY, YOU'RE GOING TO END UP WITH THAT LIST OF TRAINING THAT I TALKED ABOUT AND SHARED WITH YOU HERE, SOME OF THE PIECES THAT THEY RECEIVE IS VERY SIMILAR TO WHAT YOU DO, BUT IT WAS MUCH MORE DETAILED.

OUR TEAM, MARINE PETROLEUM, DEVON RILEY, LED THREE SEPARATE TRAININGS WITH INDIVIDUALS WHO WERE ALL INVOLVED AS YOUR INVESTIGATORS OR DECISION MAKERS AND OTHER CAMPUS RESPONDERS WHO ARE IMPORTANT SORT OF COGS IN THIS FIELD OR PART OF THIS PROCESS AS YOU WALK THROUGH IT. THEIR TIME FRAME IS AS PROMPT AS POSSIBLE, AND SO THE TIME FRAME YOU HAVE SET FOR IT IS WITHIN ONE HUNDRED AND EIGHTY DAYS THAT YOU WANT TO GET YOUR RESOLUTION, RECOGNIZING THAT YOU CAN EXTEND THAT FOR GOOD CAUSE.

IF THERE'S SOMETHING THAT INTERFERES WITH YOUR ABILITY TO DO IT, JUST SO LONG AS YOU COMMUNICATE THAT TO THE PARTIES IS AN IMPORTANT ELEMENT THROUGHOUT THIS.

AS WE FRAME THIS THE RIGHT TO ADVISE YOUR CHOICE, IT CAN BE ANYBODY.

AND IMPORTANTLY, AND THIS IS A SPACE TO THINK ABOUT AND I KNOW LAUREN AND LAUREN'S CHURCH HAVE BEEN THINKING ABOUT THIS A LOT.

IF A PARTY DOES NOT HAVE AN ADVISER AT THE TIME OF THE HEARING, THE DISTRICT MUST PROVIDE THE PARTY AN ADVISOR FREE OF CHOICE TO POSE THIS CROSS-EXAMINATION QUESTIONS FOR THEM.

AND THEN THERE ARE LOTS OF OTHER WAYS THAT WE CAN GOVERN THE DECORUM OF THE HEARING, INCLUDING BY SETTING UP EVIDENTIARY RULES THAT I'M NOT GOING TO WALK THROUGH TONIGHT OTHER THAN TO FOR YOU, THAT WE HAVE TO CONSIDER ALL RELEVANT INFORMATION NEXT TIME AROUND, THAT WE'RE PROHIBITED FROM CONSIDERING INFORMATION THAT IS OTHERWISE PRIVILEGED.

AND IT'S ALL PRIVILEGES LESS THAN WHAT YOU THINK OF IN YOUR REAL LIFE, YOUR OTHER LIFE.

RIGHT. YOUR DAY JOB. BECAUSE I SHARE WITH THE DOCTOR THINGS I SHARE WITH A COUNSELOR TO SHARE WITH LAWYERS. THOSE THINGS ARE PRIVILEGED AND CAN'T ACCESS THEM UNLESS YOU GIVE ME A WRITTEN VOLUNTARY CONSENT TO ACCESS THEM PIECES OF PRIOR SEXUAL HISTORY.

THERE ARE VERY LIMITED EXCEPTIONS AS TO WHEN YOU CAN CONSIDER PRIOR SEXUAL HISTORY OF A COMPLAINANT. IT'S TYPICALLY THE RELATIONSHIPS BETWEEN THE TWO PARTIES THEMSELVES, THE COMPLAINANT, THE RESPONDENT, OR IF IT'S EVIDENCE TO SHOW THAT SOMEBODY ELSE COMMITTED THE ACT. AND THEN YOU ARE ALLOWED TO CONSIDER PRIOR OR SUBSEQUENT MISCONDUCT WHAT WE THINK OF AS OTHER EVIDENCE AND AS YOU THINK ABOUT THE EVIDENTIARY RULES THAT YOU MIGHT CHOOSE TO INCORPORATE, THIS IS JUST A FRAMEWORK LAW ENOUGH TO FOLLOW IN THINKING POLICY.

WE CAN'T EXCLUDE RELEVANT EVIDENCE.

WE HAVE TO THINK ABOUT EVERYTHING, INCULPATORY, EXCULPATORY.

WE HAVE TO APPLY EQUALLY TO BOTH PARTIES AND IMPARTIALLY AND WITHOUT BIAS AND KNOWING THAT THERE ARE SOME PIECES OF EVIDENCE THAT WE CAN'T CONSIDER.

BUT BEYOND THAT, WE HAVE THE ABILITY TO SET SOME EVIDENTIARY RULES.

BUT AS A PRIME EXAMPLE, POLICIES HAVE LONG SAID YOU CAN'T CONSIDER CHARACTER EVIDENCE.

WE CAN NO LONGER EXCLUDE CHARACTER EVIDENCE AS A WHOLE CATEGORY.

INFORMATION WITH AN INDIVIDUAL RELEVANCE ASSESSMENT POLICY SOMETIMES SAID YOU CAN'T CONSIDER POLYGRAPH TESTS.

WE CAN'T EXCLUDE THOSE.

AS A MATTER OF COURSE, WE HAVE TO MAKE AN INDIVIDUAL RELEVANT DETERMINATION, WHICH GETS US TO ONE OF MY FAVORITE SLIDES, WHICH IS JUST THE RECOGNITION THAT THERE ARE KIND OF LAYERS OF EVIDENCE AND PRIVILEGED MATERIALS NEVER GET CONSIDERED.

THE NEXT RINGHAM, THE DIRECTLY RELATED, NOT DIRECTLY RELATED, DOESN'T GET CONSIDERED.

THINGS ARE EXTRANEOUS. BUT THOSE TWO INSIGHTS CIRCLES DIRECTLY RELATED IS WHAT EVERYBODY SEES IN EVIDENCE REVIEW, WHATEVER WE GATHERED, EVERYTHING WE TOGETHER, AND THEN WHAT GETS NARROWED DOWN TO ACTUALLY THE OTHER THINGS THAT ARE RELEVANT.

AND YOU'D BE PLEASED TO KNOW THAT THE DEPARTMENT IS NOT DEFINED, DIRECTLY RELATED OR RELEVANT BECAUSE WE TRUST YOU INSTITUTION TO BE ABLE TO FIGURE OUT WHAT THOSE TERMS ARE AND THEN THAT THAT ENDS.

AND I THINK WE'VE REALLY TALKED THROUGH A LIVE HEARING.

BUT MAUREEN, IF YOU WANT TO JUST WALK THROUGH THAT HIGH LEVEL SO THAT WE CAN WRAP, I KNOW WE'RE A LITTLE BIT OR RIGHT AT OUR 90 MINUTES, BUT I'M HOPING WE HAVE ONE OR TWO JUST AROUND THE CONCLUSION OF THE DECK.

THANKS, LESLIE. SO GOING BACK TO OUR BIRD'S EYE VIEW, WE ARE NOW AT THE HEARING AND WE KNOW IT HAS TO BE A LIVE HEARING.

IT MAY BE VIRTUAL, BUT IT HAS TO BE BOTH TELEPHONIC AND HAS TO HAVE BOTH AUDIO AND VISUAL. IF IT IS VIRTUAL, IT'S A SEPARATE DECISION MAKER.

SO WE'RE NOT HAVING THE INVESTIGATOR MAKE THE DETERMINATION, BUT RATHER A SEPARATE DECISION MAKER. WE MAY USE EITHER THE PREPONDERANCE OF THE EVIDENCE STANDARD OR THE CLEAR AND CONVINCING EVIDENCE STANDARD.

WE NEED TO ALLOW CROSS-EXAMINATION BY THE ADVISER DURING THAT LIVE HEARING.

ALL QUESTIONS ON CROSS-EXAMINATION ARE VETTED THROUGH THE DECISION MAKER FOR RELEVANCE, AND THE WAY THAT THAT LOOKS, PRACTICALLY SPEAKING, IS THE ADVISER WILL POSE A QUESTION

[03:10:04]

IT'S NOT RELEVANT. WE CANNOT CONSIDER ANY STATEMENTS THAT ARE NOT SUBJECT TO CROSS EXAMINATION AND IS CLOSELY FRAMED IF A PARTY APPEARS AT THE HEARING AND DOES NOT HAVE AN ADVISER OF THEIR CHOICE, THEN WE AS THE INSTITUTION NEED TO APPOINT AN ADVISER OF THE INSTITUTION'S CHOICE TO FILL IN AND TO ASK THOSE CROSS-EXAMINATION QUESTIONS, EVEN IF A PARTY DOES NOT APPEAR AT THE HEARING THEMSELVES.

WE STILL NEED TO APPOINT AN ADVISER FOR THEM TO CONDUCT THE CROSS EXAMINATION.

AND WHAT YOUR POLICY SAYS IS RIGHT IN LINE WITH THAT, THAT WE'RE GOING TO HOLD A LIVE HEARING THAT'S GOING TO BE A SEPARATE DECISION MAKER, NEITHER PARTY CAN WAIVE THE RIGHT TO A LIVE HEARING, BUT THE PARTIES CAN ALWAYS CHOOSE WHETHER AND TO WHAT EXTENT THEY WISH TO PARTICIPATE. IS YOUR HEARING FORMAT ONE THREE SIX? THE ADVISERS ROLE OF THE HEARING IS TO CONDUCT THE CROSS-EXAMINATION.

THERE ARE SOME MECHANICS ABOUT CROSS-EXAMINATION WHICH FOLLOW WHAT WE JUST SPOKE ABOUT.

AND I LIKE THAT THIS IS IN YOUR POLICY, BECAUSE I THINK ONE OF THE THINGS LAST SUMMER THAT PEOPLE WERE REALLY CONCERNED ABOUT WAS WHETHER CROSS-EXAMINATION WOULD CHILL, REPORTING THAT COMPLAINANTS WOULDN'T WANT TO COME FORWARD BECAUSE THEY KNEW THAT THEY WERE GOING TO HAVE TO BE SUBJECTED TO CROSS-EXAMINATION ON THE BACK END AT THE HEARING.

AND WHAT WE'VE SEEN IN THESE CASES SO FAR IS THAT THERE ARE WAYS IN WHICH THE DECISION MAKER CAN CONTROL THE PACE AND FLOW OF CROSS-EXAMINATION SO THAT IT RESEMBLES A LOT MORE LIKE A FACILITATED QUESTIONING AND A LOT LESS LIKE A LAW AND ORDER STYLE RAPID FIRE QUESTIONING THAT HAPPENS LIKE WE SEE ON TV.

WE TALKED ABOUT WHEN THE PROPONENT OF THE STATEMENT DOES NOT SUBMIT TO CROSS-EXAMINATION, THAT WE KNOW THE DECISION MAKER MAY NOT RELY ON THAT STATEMENT.

THESE ARE YOUR POST HEARING STEPS TAKEN RIGHT FROM YOUR POLICY, AND SO THE DECISION MAKER WILL DELIBERATE. IF THE DECISION MAKER FINDS THAT THE POLICY WAS NOT VIOLATED, THEN WE PROCEED RIGHT TO NUMBER FIVE, WHICH IS THE WRITTEN DETERMINATION.

WE MAY HAVE IMPACTED MITIGATION STATEMENTS TO THE COMPLAINANT, MAY SUBMIT A STATEMENT ABOUT THE IMPACT OF THE INCIDENT ON THEIR LIFE, AND THE RESPONDENT MAY SUBMIT A STATEMENT ABOUT MITIGATION, THINGS THAT TEND TO SHOW THE RESPONDENTS LEVEL OF REFLECTION OR ACCEPTANCE OF RESPONSIBILITY OR THE LIKE.

AND IF THERE'S A FINDING OF RESPONSIBILITY, OF COURSE, THE DECISION MAKER WILL ASSIGN A SANCTION. THE LAST STEP IN THE PROCESS IS THE APPEAL, AND I PROMISE THIS IS THE END.

BUT THE APPEAL, ESSENTIALLY, BOTH PARTIES CAN APPEAL ON THREE GROUNDS.

ONE IS THERE IS A PROCEDURAL IRREGULARITY THAT AFFECTED THE OUTCOME, TOO.

IF THERE'S NEW EVIDENCE THAT WAS NOT REASONABLY AVAILABLE AT THE TIME, THE DETERMINATION WAS MADE AND THAT EVIDENCE COULD AFFECT THE OUTCOME.

AND THREE IS THAT ONE OF THE KEY PARTICIPANTS IN THE PROCESS HAD A CONFLICT OF INTEREST OR BIAS THAT AFFECTED THE OUTCOME OF THE APPEAL PROCESS IS EQUALLY FAIR.

CURRENTLY, YOUR VPE IS A DESIGNEE OR VPE WILL SERVE AS THE DECISION MAKER FOR THE APPEAL YOU HAVE TO WHOEVER IS STARTING THE APPEAL HAS THE STATE THERE GROUNDS A STATEMENT OF FACTS. AND THEN THERE'S A PROCESS WHEREBY EACH PARTY GETS TO SEE THE OTHER PERSON'S APPEAL SUBMISSION AND ARE DECISIONS TO BE MADE WITHIN FORTY FIVE BUSINESS DAYS, WHICH IS A RELATIVELY LONG TIME FRAME.

AND I KNOW THAT IF YOU ARE AS A VIP WHO'S SERVING IN THIS ROLE, YOU WILL HAVE HAD THE TRAINING ALREADY AND B YOU WILL BE GETTING GREAT PRESSURE FROM THE RIGHT TO MOVE MUCH MORE QUICKLY BECAUSE FORTY FIVE BUSINESS DAYS IS A LIFETIME FOR STUDENT, FACULTY OR STAFF MEMBER. BUT THERE IS A TIME FRAME THAT HAS TO WORK FOR WHAT HAPPENED.

SO THAT IS REALLY HIGH LEVEL TITLE NINE.

SPRENT, WANTING TO HELP YOU THINK THROUGH MORE THAN YOU CAN STOP SHARING SO I CAN SEE BASIS AGAIN, SEE IF WE HAVE MORE QUESTIONS TO HELP YOU THINK THROUGH KIND OF WHAT WHAT'S HAPPENING IN THE WORLD.

IT'S CHANGING WHAT YOU'RE DOING, IMPLEMENTING THE REGULATIONS WITH FIDELITY.

AND THEN HOW DO YOU DO THAT IN A WAY THAT CARES FOR THE STUDENTS? THANKS FOR THE ABILITY TO GO JUST A FEW MINUTES OVER AN HOUR TIME FRAME, BUT REALLY WANTED TO BE ABLE TO ENSURE THAT YOU HAD ALL OF THAT.

THIS DECK, I BELIEVE, WILL BE CIRCULATED TO YOU AND OR IT WILL ALSO BE POSTED ON THE DISTRICT'S OR NINE WEB PAGE, AS REQUIRED BY THE REGULATIONS.

AND MAUREEN AND I ARE HAPPY TO STAY FOR QUESTIONS.

WE UNDERSTAND SOMETIMES THAT YOUR MEETINGS GO UNTIL 1:00 A.M.

PACIFIC TIME, WHICH IS FOR I FOR US.

[03:15:02]

SO WE'RE GOOD TO GO WITH YOU IF YOU HAVE THREE HOURS OF QUESTIONS WORTH.

WELL, THANK YOU BOTH.

THAT WAS A FOR 90 MINUTES, IT WAS A VERY COMPREHENSIVE PRESENTATION.

SO THANK YOU VERY MUCH AND I APPRECIATE YOU GUYS SPENDING YOUR YOUR THURSDAY MORNING WITH US. WE HAVE ANY QUESTIONS FROM TRUSTEES THAT HAVE NOT ALREADY BEEN ANSWERED.

OK. SEEING NONE.

ONE QUESTION I HAD, YOU GUYS, WE AS A BOARD HAVE HAD TO DEAL WITH A NUMBER OF TIMELINE ISSUES OVER THE LAST SEVERAL YEARS.

WHAT WOULD YOU SAY IS PROBABLY ONE OF THE ITEMS THAT YOU COME ACROSS THE MOST THAT YOU WOULD SAY MOST DISTRUST THERE HAVE A MISPERCEPTION ON ON IN THIS SUBJECT.

ON THE WHOLE, THAT IS KIND OF IF YOU COULD GO AHEAD AND REMIND THEM OF ONE THING, WHAT WOULD IT BE? I THINK IT WOULD BE NOT TO PREJUDGE THE FACTS AND THAT WE HAVE TO FOLLOW THE FACTS WOULD LEAD US WHEREVER THE FACTS GO.

AND THAT'S REALLY IMPORTANT WHEN WE THINK ABOUT BOARDS MAKING PUBLIC STATEMENTS BEFORE WE STEP INTO A SPACE OF MAKING A PUBLIC STATEMENT TO THINK ABOUT WHAT THE PRIVACY PROTECTIONS ARE, ABOUT WHAT WE KNOW WITHIN OUR OWN RECORDS, AND ENSURE THAT WE ARE WELL VERSED IN WHATEVER IT IS THAT WE'RE SPEAKING TO BEFORE WE SPEAK BROADLY.

THAT'S IF I'M THINKING ABOUT KIND OF BROAD LEADERSHIP MISTAKES.

IT'S NOT COORDINATING, GATHERING AND OWNING THE INFORMATION THAT, YOU KNOW, AND IT'S PREJUDGING. SO COMING OUT IN SUPPORT OF VERBALLY, PUBLICLY A COMPLAINANT OR RESPONDENT OR SHORTCUTTING DECISIONS BECAUSE YOU THINK YOU KNOW WHERE IT'S HEADED.

AND SO JUST HAVING THE PATIENCE TO FAITHFULLY FOLLOW THE PROCESS AND WHERE THERE ARE QUESTIONS ABOUT HOW TO PROCEED, THAT YOU ALWAYS GO BACK TO POLICY.

I CAN'T TELL YOU THE NUMBER OF TIMES THAT SCHOOLS CALL US AND WE SAY, WHAT IS YOUR POLICY? WHAT IS YOUR POLICY SAY? WHAT IS YOUR POLICY SIDE? BECAUSE THAT IS YOUR HANDBOOK.

IT IS. IT'S YOUR CONTRACT WITH YOUR STUDENTS, FACULTY AND STAFF.

WE I DON'T KNOW IF YOU HAVE OTHER OBSERVATIONS.

NO, I WAS GOING TO THE THE FOLLOW YOUR POLICY PIECES IS ONE THERE.

IT'S IT'S REALLY EXPLANATORY AND EVEN AS CLEAR AS YOUR POLICY LANGUAGE IS RIGHT.

THERE ARE PEOPLE ON YOUR CAMPUS WHO WILL NOT HAVE REVISITED IT BEFORE POSING A QUESTION ABOUT WHAT THE NEXT STEP IS.

AND SO I DON'T THINK THAT BECAUSE THE QUESTION LANDS ON YOUR DESK THAT THE PERSON IS ALREADY GONE THROUGH THE STEP OF READING THE POLICY AND KNOWS FULLY OPEN IT AND AND ENCOURAGE ENCOURAGE YOUR COLLEAGUES AND THOSE ON YOUR CAMPUS TO DO THE SAME.

IT'S VERY MUCH APPRECIATED.

THANK YOU. THANK YOU BOTH. ANY OTHER QUESTIONS BEFORE WE LET THESE TWO WONDERFUL AND THEN GO TO SLEEP? I DON'T REALLY HAVE A QUESTION JUST YET, BECKY, BUT I JUST WANTED TO THANK YOU BOTH FOR THE INFORMATION.

IT WAS REALLY INFORMATIVE AND VERY, VERY PERTINENT TO A LOT OF THE CHALLENGES THAT WE FACE HERE AT THE BORDER.

AND I THINK VERY TIMELY TO WHAT'S GOING ON RIGHT NOW, AS YOU MENTIONED EARLIER.

SO I THOUGHT IT WAS A REALLY GOOD OVERVIEW.

SO I JUST WANT TO THANK YOU.

AND I ALSO WANT TO THANK FOR THE PRESENTATION.

THANK YOU. THANK YOU.

WE'RE VERY PASSIONATE AND ABOUT WHAT WE DO.

AND WHEN LAUREN ASKED IF WE'D BE WILLING TO WORK WITH SUENOS COLLEGE, THE ANSWER WAS AN ABSOLUTE YES. I THINK THAT YOU MAY KNOW THIS.

I'M NOT SURE. BUT YOUR EXTERNAL DECISION MAKER IS ACTUALLY AN ATTORNEY FROM OUR GROUP WHO HAS PARTICIPATED IN SOME OF THE TRAINING.

SO TO THE EXTENT THAT YOU HAVE A CASE THAT DOES GO TO A LIVE HEARING, YOU'LL HAVE THE BOTH THE EXPERIENCE OF LAUREN, WHO WAS DEEPLY INVESTED IN THESE ISSUES AND HAS BEEN DOING THEM AT A VERY HIGH VOLUME FOR A NUMBER OF YEARS, AS WELL AS THE EXPERIENCE OF PETER LAMB, WHO IS RUNNING HEARINGS AT MULTIPLE SCHOOLS ACROSS THE COUNTRY.

THANK YOU, THOUGH. I WAS HOPING YOU CAN SAY THAT WE'RE VERY FAMOUS IN PHILADELPHIA, BUT, UH, BUT I KNOW THAT THAT'S WONDERFUL.

MUCH APPRECIATED. YOUR EXPERTIZE BEING THAT THAT CAUSED BY.

I SEE NO OTHER COMMENTS.

WE WILL MOVE TO THE NEXT AGENDA ITEM.

THANK YOU BOTH VERY, VERY MUCH.

THANK YOU. THANK YOU.

[03:20:06]

[4. Reports and Comments from District Officials]

YOU ALL RIGHT THROUGH THIS, DOCTOR LEE? DO YOU HAVE A REPORT? NO REPORT. THANK YOU.

THANK YOU. DR.

FREDS, DO YOU HAVE A REPORT? OR SORRY, BUT JUST AS IMPORTANT, THANK YOU.

THANK YOU. JUST A CHECK UP.

DO YOU HAVE A REPORT? REPORT.

CHRISTY LEWIS. LAST WEEK, THERE WAS A SPECIAL ELECTION HELD IN THE NORWALK ISLAMORADA UNIFIED SCHOOL DISTRICT TO FILL TWO SEATS.

AND I WANT TO CONGRATULATE NAZIS' BROADSOFT AND ROBERTO KANSFIELD, DR.

ROBERTO CONCEAL FOR WINNING BOTH OF THOSE SEATS.

AND BOTH OF THEM WILL BE SWORN IN TO THEIR SEATS ON AUGUST 9TH NEXT MONDAY.

SO I WILL BE THERE TO CONGRATULATE THEM IN PERSON.

AND IN FACT, MR. BROADSOFT WAS HAS BEEN A LONG TIME FRIEND OF MINE SINCE TRINITY LAW SCHOOL.

HE WAS FIRST A FELLOW STUDENT OF MINE, AND HE TOOK THE BAR.

HE PASSED IT. HE WAS HIRED ON AS A PROFESSOR AND THEN BECAME A PROFESSOR AND ONE OF MY CLASSES TO HELP ME PASS THE BAR AS WELL.

SO IT WAS VERY IT WAS A VERY GOOD TIME TO HELP HIM GET ELECTED TO THAT SEAT.

AND I LOOK FORWARD TO WORKING WITH HIM AT THE K THROUGH 12 LEVEL AND GETTING THE PARTNERSHIPS CONTINUE TO BE STRENGTHENED AT THE NORWALK MIRADA SCHOOL DISTRICT, ALONG WITH ALL THE OTHER BOARD MEMBERS FOR SURE.

SO CONGRATS TO THEM AND CONGRATS TO.

EVERYONE ELSE WHO RAN AND BROUGHT A GOOD SENSE OF, YOU KNOW, IDEAS TO THE TABLE, THANK YOU. YOU SEE THOSE? A TRUSTY AVALON'S I HAVE NO REPORT, THANK YOU.

DR. NON-REPORTING.

AND I JUST WANTED TO HAVE ONE MORE TIME THANK EVERYONE WHO CONTRIBUTED TO TONIGHT'S DISCUSSION ON GOVERNMENT PROTOCOL, BOTH THOSE THAT WERE SAID DIRECTLY AND THOSE THAT HAVE BEEN SAID LEADING UP TO IT.

IT'S DEFINITELY AN EXERCISE IN COMMUNITY WORK THAT WE HAVE TO DO AS A AS A WHOLE.

SO I APPRECIATE EVERYONE'S CONTRIBUTION TO PATIENT AND AND WILLINGNESS TO FIND A WAY FORWARD AS A GROUP.

SO WITH THAT, I FEEL FOR THE REPORT AND WE'LL END OF SESSION.

[5. Closed Session]

WE DON'T HAVE A READOUT TONIGHT, I JUST THINK SOMEONE WILL POSSIBLY.

THANK YOU, DR. DANIEL. THEY SAY.

[6. Closing Items]

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.