In adherence to federal policy changes, Grand Valley State University’s People, Equity and Culture Division (PECD) released a new version of the University’s Policy Prohibiting Discrimination, Harassment and Misconduct (SLT 9.1) on Wednesday, Feb. 19. The new policy reverts the University’s Title IX protections back to a precedent set in 2020.
GVSU’s current policy grants more protections to those accused of sexual misconduct, minimizes LGBTQ+ protections and is in line with a federal ruling that deemed the requirement of identity-affirming behavior to be a violation of free speech.
During President Donald Trump’s first administration, former Secretary of Education and West Michigan native Betsy Devos made revisions to Title IX federal law that were seen as controversial. Devos expanded protections for students accused of sexual misconduct in efforts of “ensuring a fair grievance process.” The revisions minimized definitions of sexual misconduct and required cross-examination of the accuser for statements in a case to be considered.
The University’s policies have continually aligned with each presidential administrations’ Title IX changes. Under former President Joe Biden, the University’s 2022 policy included “unwelcome conduct based on sex, sexual orientation, gender identity, and/or pregnancy” within definitions of misconduct. Those specific definitions remain largely intact in the current policy but are now subject to change.
In December 2024, Biden’s Title IX policy expansion was blocked in 26 states, and was ultimately thrown out by a federal judge. Biden’s Final Rule was ultimately thrown out with the verdict that discrimination of sexual orientation didn’t fall under the jurisdiction of Title IX. Biden’s adjustments requiring correct pronoun usage by teachers in accordance with student orientation and preference was ruled to be a violation of the Constitution’s First Amendment.
Alongside other universities across the county, GVSU has reverted back to these guidelines, vastly altering the procedure for how cases of sexual harassment, discrimination and misconduct are handled.
“These (the most recent updates) were required policy changes for compliance with federal regulations,” said GVSU Associate Vice President, Deputy Chief Inclusion & Equity officer and Title IX Coordinator Kathleen VanderVeen. “Cross-examination provides decision makers the opportunity to develop a live credibility analysis rather than a credibility analysis based solely on written statements.”
VanderVeen also claimed GVSU’s adjustments were made to ensure “equitable credibility analysis of evidence statements.”
The current SLT 9.1 policy, which is similar to the 2020 version, defines sexual harassment as “an employee of GVSU conditioning the provision of aid, benefit, or service of GVSU on an individual’s participation in unwelcome sexual conduct.” The 2022 and 2024 versions of SLT 9.1 both significantly expanded the definition, and distinguished sexual misconduct from sexual harassment. Biden’s attempted Title IX reform sought to expand and restore protections for pregnant and transgender individuals, which had previously been minimized.
Specific aspects of the University’s policy change in accordance with federal regulations significantly affects protections for transgender students under Title IX. The current version of SLT 9.1 removed six paragraphs from section 17, “Inclusion related to Gender Identity/Expression.” The deleted paragraphs outlined gender inclusivity and identity affirmation, explicitly defining misgendering and deadnaming in campus context.
The 2024 version of the policy stated, “GVSU supports the full acceptance of those who are gender expansive,” while the current version shorted the six paragraphs to simply state, “Intentional misgendering, deadnaming, or mispronouning may be considered a violation of this policy.”
This policy change comes shortly after Trump signed executive orders targeting “gender ideology.” Trump has signed an executive order that federally acknowledges only two genders, and has attempted to ban transgender athletes from collegiate sports.
“I just hope that as we maneuver with what has to be changed, we figure out something quickly to make sure there’s a safeguard there,” said DL McKinney, the University’s LGBT Resource Center director. “Right now, taking out that language that was a safeguard, it’s (safeguards) changed.”
Faculty and staff have already previously voiced concerns regarding deadnaming and misgendering at the University. In a survey conducted by the GVSU LGBT Faculty and Staff Association (LGBT FSA), 80% of LGBT FSA members responded saying they desired a more inclusive climate at the University. McKinney said the prevalence of the issue “should be something we don’t ignore.”
McKinney said the LGBT Resource Center is working with GVSU administrators to maintain protections under this new policy.
“We (the LGBT Resource Center) have been both scrambling and trying to be strategic about how we use the system that’s in front of us to make sure that everyone is protected– students, staff and faculty,” McKinney said.
McKinney said that support provided by the LGBT Resource Center will not change, regardless of changes in administration or policy.
“There’s nothing that we as an office are changing when we talk about our values,” McKinney said. “We aren’t scared. We want to make sure that people know this (the center) is a space for a reason.”
