The following content is sensitive and therefore may trigger readers concerning sexual abuse and misconduct.
Understanding Covenantʼs Title IX Policy
An Introduction
Welcome to a special edition of the Bagpipe, where the Bagpipe’s Title IX team seeks to answer two questions: “What might help students understand Covenant’s specific practices better?” and “As a Christian college, are the legal and procedural policies of Title IX sufficient to provide Biblical care for the vulnerable and accountability for transgressors?” In this special print of the Bagpipe, the Title IX team hopes to bring answers to these main questions through the voices of Covenant’s Title IX coordinators, deputy coordinators, investigators, and so on, and students’ experiences with sexual misconduct that falls under and outside the Title IX Policy.
But first, what is Title IX? Title IX is a part of the Education Amendments of 1972, intended to further clarify Title VII of the Civil Rights Act of 1964. Title IX specifically addresses sex-based discrimination in an educational setting. In just 37 words, Title IX has reshaped education and beyond. It reads, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
In this series, we are looking at sexual misconduct in Covenant College’s student body through the lens of Title IX and the disciplinary process with an eye towards Christians’ higher calling to love one another. By looking closely at policies, from both the federal government and Covenant’s disciplinary action, and how they are practically played out by Student Development and fellow students, the Bagpipe Title IX team wants to communicate the process clearly, and encourage us to mourn with one another.
Exploring sexual misconduct on this campus, the Title IX team understands that this is serious and perhaps triggering for some readers. For their sake and the community's sake, we have not disclosed any of the names of the students who shared their experiences with us, and we hope to make clear the names of the people on campus who are resources for those who might experience sexual abuse, harrassment or violence. When possible, we have kept relevant names available to you.
The main goal of Title IX (particularly as it relates to educational spaces) is to legally and fairly protect students, staff and faculty from being in an environment which is derogatory to their well-being and their ability to function safely and effectively in their work/studies. So when there is a breach of the policy, like sexual misconduct, the policy seeks to determine if the event is significant, pervasive and damaging enough to impact the complainant’s experience in that educational space. It then seeks to resolve the matter by protecting the complainant from retaliation and seeking a resolution of the event.
Because this program operates through the institution’s chosen Title IX coordinators and administrators, and specifically leaves the establishment of grievance procedures up to the institution (with guidelines/requirements), the responsibility of bringing truth and justice to a specific Covenant College situation is upon these staff members. While most students are familiar with the information included in the yearly training and on Covenant’s website (see much much more on the Department of Justice webpage!), a lot of the behind-the-scenes understanding of how this policy works is unclear.
In order to better understand Title IX’s implementation at Covenant, the Bagpipe staff reached out to Stephanie Formenti, Jon Wylie, Nesha Evans and Lindsey Fain—who are all members of Covenant’s Title IX team—with a list of questions concerning the policy, its procedures and its impact on students. This team wrote one cohesive response, which was shared with us via email. The Bagpipe team also reached out to Becca Moore, a deputy Title IX coordinator that works most closely with students during the process. The Bagpipe team also contacted Brad Voyles, previous vice president of Student Development and Title IX coordinator. Their answers to our questions are below. We encourage students to consider these answers and to ask their own questions of our administration.
Brad Voyles noted, “We are responsible for following the process as we care for the individual and the community.”
Title IX Policy
As soon as an employee (which excludes Covenant College work-study students but includes resident assistants) is informed of Title IX violations, that information goes to the Title IX Coordinator, where it is filed. From there, the Title IX process begins.
Students coming forward with allegations meet with the Title IX coordinator, this year being Lindsay Fain, and discuss next steps.
As stated in the cohesive response from the Title IX team members stated above, potential sexual misconduct described in Title IX refers to “any report of ‘Prohibited Conduct’ as clearly defined in the Title IX policy (all forms of sexual or gender-based discrimination, harassment, and misconduct, including sexual harassment, sexual assault, dating violence, domestic violence, and stalking; also prohibits retaliation against a person who reports, or who otherwise participates in good faith).”
From there, the students move into the investigation. Title IX’s investigation process depends on two main tenants set out in the Title IX policy: “The Respondent is presumed not responsible for the alleged conduct until determination regarding responsibility is made at the conclusion of the grievance process” and “the standard of proof [is] 'preponderance of the evidence’” which means more likely than not; more probable than not.” The Title IX process is not intended as a court of law and does not require as much evidence.
Although not a court of law, the process emulates parts of it, such as Complainants and Respondents rights’, as laid out in the Covenant College Title IX Policy (“… Right to review all reports involved in the investigation, Right to Supportive Measures and access to campus resources … Right to a prompt, fair, and impartial investigation of all complaints, including the opportunity for the parties to present witnesses and other evidence,” and many more). They are also given equal supportive measures including but not limited to: No-Contact-Orders, rescheduling academic activities, changing on-campus housing, and limiting access to certain college facilities. There is also an option for Emergency Removal; however, this is rarely invoked.
Considering that time does not freeze when students begin the Title IX process, complainants are encouraged to move forward with interactions with the campus community and their respondent in the form of “supportive measures, typically a ‘no contact order’—for both the Complainant and the Respondent. These are given according to the Covenant College Title IX policy, in order to eliminate any existing hostile environment and protect the Parties involved,” the Title IX team said.
As pertains to resolving an issue of sexual assault or something else that falls under the Title IX policy, the Title IX team continued, “the Coordinator provides the Complainant and the Respondent several options for resolution: a formal process which requires a notice of allegation, investigation, preliminary report, final report, live hearing, and appeal OR the informal process which requires notice of allegation and then utilization of a mediator to assist the parties in resolving the matter all under the supervision of the Title IX Coordinator.”
Title IX Policy Enacted at Covenant
The policy of Title IX is led by the Title IX coordinator, which at Covenant College is the vice president of Student Development. Before the transition from vice president of Student Development to the presidency, President Brad Voyles spearheaded the implementation of the Title IX and other disciplinary processes. Currently, Dr. Lindsay Fain, associate dean of the Graduate School of Education, is the interim Title IX coordinator and Stephanie Formenti, newly hired vice president of Student Development, will take up the role of Title IX coordinator.
Voyles’s perspective, from serving Covenant College’s student body for upwards of a decade, provided insight into how Title IX policy works out in reality.
Title IX is a federal process and covers very specifically nonconsensual sexual misconduct, which, as of April 2024, covers explicitly incidents on campus or related to educational programs. However, Covenant College’s care for its students extends beyond sexual misconduct on campus and nonconsensual sexual conduct. The Student Handbook reads on page 7, “Actions taken toward … sexual immorality (I Cor. 6:18, 1 Tim 1:8-11), adultery (Exodus 20:14), homosexual practice (Romans 1:26-27), and all other sexual relations (1 Cor. 6:9-10) outside the bounds of marriage between a man and woman are inconsistent with the teaching of Scripture and will result in disciplinary follow-up by the College.”
Walking through the beginnings of both the Title IX and the disciplinary process, Voyles was clear, “There will never be a meeting where a student isn’t handed the policy, whichever they’re going through.” By handing students the policy, Covenant College wants to return agency to students who feel they have had their agency taken from them. Both the Title IX policy and the Covenant College disciplinary process clarify two important guiding principles: rights and responsibilities of both parties and the centrality of students’ choices.
President Brad Voyles commented in an interview, “Our goal with the student discipline process is for it to be ultimately redemptive and restorative—seeking to care for both the individual and the community and praying for the Lord to work through the disciplinary process.”
Although students are required to do Title IX training at the start of each academic year, many are left with questions about how policy and Covenant’s disciplinary action differ. We posed some clarifying questions of a few policy items we thought to be of interest to the community to Becca Moore, a Title IX deputy coordinator and the person who faces the most students in the reporting process. Below are her responses.
What would you like to disclose to the Covenant community regarding sexual misconduct?
Two Things:
Our staff is deeply committed to efforts to educate, prevent and respond appropriately to sexual misconduct within our community. This is a team effort that requires the partnership and leadership of students with faculty and staff both in addressing behavior occurring on campus and how we can work together to make campus a safe environment for all students to live and learn together.
Title IX is a federal law provided by the Department of Education that dictates how educational institutions must investigate any reports of sexual harassment or misconduct. If the reported conduct is within the definition and scope mandated by Title IX policy and procedures, we are required to use the Title IX process and policy provided by the Department of Education. On page 1 of our Policy, it further explains, “Prohibited Conduct which occurs within the educational program or activity will be investigated through the Title IX grievance investigation process. Sexual misconduct or other sexually inappropriate behavior that occurs outside of the scope of the Title IX Policy will be handled through the disciplinary process for students through Student Development and for employees through Human Resources.”
How do you protect complainants and their support system from retaliation?
The Title IX policy details both the definition and repercussions for retaliation against any person for making a good faith report of prohibited conduct or participating in any proceeding under this policy. The policy states on page 5, “Any person who retaliates against a complainant will be subject to disciplinary action up to and including termination of employment (employee), and expulsion (student). Complaints of retaliation should be reported in the same manner as complaints of discrimination or harassment.”
Do no-contact-orders (as described on page 10 and 21 of Covenant's Title IX Policy) work on such a small campus and can you confidently say that it prevents harm?
A No-Contact order is a supportive measure that is issued throughout the duration of an investigation which prohibits any direct or virtual communication or communication via a third party. The policy explains on page 10, “A Complainant or Respondent may request a “No-Contact Order” or other protection, or the College may choose to impose supportive measures at its discretion to ensure the safety of all Parties, the broader College community, and/or the integrity of the process.” We are a small campus with only one Great Hall, Blink, Chapel, Library and gym; so in the event that a no-contact order is used as a Supportive Measure during a Title IX investigation, we talk with any parties involved about navigating the seriousness of a no-contact condition while giving them resources of who to contact should any issues, concerns or violations arise.
How would you suggest a friend of a victim, or complainant, be a help to the victim (beyond getting them to the resources listed in the Title IX Policy p. 9-10)?
In any incident of sexual misconduct, an individual's choice and dignity are violated. As a friend, it’s helpful to remind one another of personal agency and inherent dignity we have as image bearers of God regardless of what violation has occurred in his or her story. It’s important to listen well and recognize the need for appropriate community support and resources. Being a good friend can also entail encouraging those who are hurting to talk to a counselor or another responsible and trustworthy adult. Seeking accountability through a disciplinary process can be an emotionally difficult endeavor, so having a trusted friend to sit next to can be really encouraging.
Student Interaction and Tension with the Title IX Process
For students, the Title IX process brings up complicated emotions. Overall, students have been left feeling hurt and unheard by Student Development and are hoping for change within the college’s policies.
Those interviewed stated that the process was incredibly long and drawn out, consisting of multiple interviews, rebuttal interviews and live hearings. Two students said the process was six months long, which took a huge toll on their mental health. During this period, students were in communication with members of Covenant’s Title IX team, but they claimed that these conversations were largely unhelpful.
The process itself is described by students as confusing. Those interviewed explained that they felt lost when speaking with Student Development. One student said, “Every question I asked was either unable to be answered, or ended up being very unclear.” This student believes that the Title IX team needs to be more informed of the process and able to answer student questions.
Complainants and respondents also face uncertainty when dealing with the decisions of their case. Students do not believe the process and its many steps are well explained, and they are unaware of the advantages and disadvantages of the choices they are required to make.
Students attribute part of the confusion to the Title IX process being known as ambiguous around campus. They commented that the Title IX section in Covenant’s Standards of Conduct is vague at best, leaving much room for interpretation and not allowing for accessibility for the average student.
A central concern brought up by students is how they feel complainants are often made to believe that what happened to them is their fault. One complainant said, “The process left me feeling unheard and pretty much blamed for my assault.”
Student safety is also a major problem. One student expressed concern that “the respondent was given much more protection and advantages from the school than I, as the complainant, received.” Implementing consequences can also take a long time from a case’s start to close, and in many situations, students go about their daily campus lives in fear of further assaults or retaliation.
In some situations, respondents who break “established protective boundaries” are still allowed to stay at the college. Students believe this is wrong and should lead to expulsion in every case.
By the end of the process, the overwhelming experience among complainants is invalidation. Most are convinced that people do not believe their stories, and they are tempted to feel that no one cares for them or wants to listen. This destroys students’ mental health and encourages the “victim-blaming” mindset that Title IX is notorious for.
While students do receive general help from the Title IX team, all claimed that they and their friends lacked the support they truly needed. One complainant said, “The vast majority of conversations with faculty and staff offered some general affirmation … but I would not say I was actively sought after to be supported.” Even after cases close, there is little follow-up. Another student said, “Continue checking on [students], and don’t just drop them.”
The Title IX process also puts friends of complainants and respondents in an awkward position, especially in “see something, say something” situations. One student was very involved in their friend’s case and did not feel supported, even when they received threats of violence from the respondent. They said, “I feel like there should be support for roommates/friends of people going through the Title IX process.”
Students wish that more people on Covenant’s Title IX team were trained in counseling or trauma informed practices. They also believe that there should be a support group of some kind for those involved in Title IX cases.
In addition to feeling unsupported by the college, students frequently feel isolated from their peers. Because of the privacy of Title IX cases, students are asked, either personally or legally, to not share details of their stories. With little psychological or emotional support from Student Development and their friends’ lack of knowledge, students are left in a dark, lonely place. Moreover, many students face ridicule within the community. In some cases, students drop classes or even transfer to a different college.
However, the most concerning aspect of the Title IX process to all interviewees is their belief that students are not adequately spiritually cared for at a Christian institution. More than anything, the Title IX process is known among students to raise doubt about the church’s care for victims of sexual misconduct. Interactions with the Title IX team leave students wondering if the college’s motto—“In all things, Christ preeminent”—is applied to Title IX.
“I do not feel as if I were cared for spiritually during this insanely difficult time in my life. The biblical principles of caring for the hurting, clarity, wisdom and compassion (along with many more) are very much missing from this institutional process,” explained one student.
Moving forward, the conversation surrounding Title IX at Covenant must be centered around making the process less confusing to students, more psychologically and trauma-informed, providing increased support for complainants, respondents and friends, and as a whole, grounding all interactions in a love that is a good witness to Christ and His Church.
Collective Tension with Title IX
Although the process can be highly case by case, what is the best outcome here?
The Student Handbook added, “The mission of Covenant College is to explore and express the preeminence of Jesus Christ in all things. We strive to educate Christians to engage culture and cultures, to examine and unfold creation, and to pursue biblical justice and mercy in community. We hold strongly to the belief that humans are created in the image of God and therefore should be treated with the utmost honor, dignity and respect.
“Therefore, it is the position of the college that sexual misconduct transgresses holy law and, in addition, is a form of illegal discrimination that is abhorrent to the college. Consequently, it is the obligation of each member of the Covenant College community—administrators, faculty, staff and students—to adhere to this policy,” the Student Handbook continued.
“The college has enacted this Title IX and Sexual Misconduct Policy (the “Policy”) to reflect and maintain its institutional values and community expectations, to provide for fair and equitable procedures for determining when this Policy has been violated, and to provide recourse for individuals and the campus community in response to violations of this Policy.”
President Brad Voyles added, "Every single time, it is heart-breaking. God has designed the sexual relationship for a very specific context—marriage between a husband and wife—any divergence from this brings hurt and harm to some extent—especially when it is non-consensual."
Now to Lament
No one walks away from the Title IX process okay. This should elicit a response from God’s people that is one of lament. This issue of the Bagpipe is not to say that this process, in its complexity, in its sorrowful interactions, are anyone’s fault. This is not a place to point fingers but to learn how to mourn our brothers and sisters who have been violated, abused or mistreated.
This is a space in which we must lament.
“Bystander intervention training, which is a part of the required Title IX training every student completes at the beginning of the year, is so important. My hope is that Covenant students will love their brothers and sisters well by doing the hard thing and intervening when they are concerned about choices they are making or when they see misconduct occurring,” President Voyles said.
As believers, we are called to demonstrate the heart of Jesus to one another. Title IX is certainly complicated, and the college works hard to implement the process federally and institutionally. However, in the midst of process and policy, we cannot forget to love and see the people we are sitting next to in the classroom, teaching with, coaching or befriending. The student body and the Bagpipe wish to exhort Covenant’s administration, Title IX team, students, faculty, staff, etc. to better embrace Christ’s heart for the suffering and “to do justice, love kindness, and walk humbly with our God.”
To end, we have a poem submitted by a student to help us approach a theology of misconduct, but mostly a theology of those who feel their agency and personhood has been stolen from them in sexual exploitation. We are privileged as the Bagpipe Title IX team to exhort our community at Covenant College to name this sorrow of sexual abuse in our midst, to mourn, lament and ask for God’s provision to help us trust Him to renew all things. Come quickly, Lord Jesus.
Somatic Memory By Lydia Dorman
She told me that every year,
Spring brings the memories flooding back.
All the sights and sounds—
Trills of birds and pockets of new green growth,
Flowering branches blossoming in brief glory—
Were supposed to hold hope
But instead the sweetness of the air
Is tinged with a sickliness
And the new spring sun
Doesn’t bring warmth,
But only exposes wounds.
Old wounds, stored in the body,
Triggered by somatic memory.
Small, indefensible, used.
Like a flower stripped of its delicate beauty
Hanging limp and fragile by a severed stem.
To be robbed of spring
Might be the greatest grief.
It would seem that hope itself
Has turned against you.
All I can say is I’m sorry
And that God was naked too.
Stripped bare, he hung on a tree,
And the spring sun went dark
And the world shuddered.
But I pray that the God who rose from the dead
Can give spring back to you.
Available Student Resources Regarding Sexual Misconduct: As Listed in the Title IX Policy
On Campus Reporting Options
Lindsey Fain: Title IX Coordinator - 706-419-1406 - lindsey.fain@covenant.edu
Becca Moore: Title IX Deputy Coordinator for Students - 706-419-1262 - becca.moore@covenant.edu
Tom Dewey: Title IX Deputy Coordinator for Employees - 706-419-1105 - tom.dewey@covenant.edu
Jon Wylie: Title IX Deputy Investigator - 706-419-1108 - jon.wylie@covenant.edu
Nesha Evans: Title IX Deputy Investigator - 706-419-1106 - nesha.evans@covenant.edu
Off Campus Reporting Options
Emergency Assistance: 911
Dade County Police: 706-657-3233
Hamilton County Police: 423-209-7000
Campus Safety and Security: 423-593-1403 (24/7 support)
Resident Director on Duty: 706-450-7001 (24/7 support)
Keith McClearn, Director of Safety and Security: 423-593-1403