Dear editor,

Title IX, which prohibits sex-based discrimination and requires that survivors of sexual assault or harassment receive necessary support and reporting options, is under threat. The Department of Education released proposed Title IX regulations on Nov. 16, 2018 that would drastically alter the purpose and implementation of Title IX at colleges and K-12 schools nationwide.

These proposed changes are being presented as something that will “give survivors more options” and allow more “freedom for institutions,” while in reality, they will do the exact opposite. This means that student survivors would be entitled to fewer protections, accommodations and reporting options.

Among the most harmful parts of the proposed regulations is the narrowing of the definition of sexual harassment. Schools would be required to dismiss complaints unless the behavior in question is so “severe, pervasive and objectively offensive” that it restricts the victim’s access to an equitable education. The regulations require that schools dismiss complaints that happen outside of a school activity, including off campus or online.

Given that up to 90 percent of college students live off campus, schools would be required to dismiss an enormous number of sexual assaults and incidents of harassment, leaving survivors unsupported.

Schools would also be effectively forced to use higher standards of proof for sexual violence investigations than for other kinds of student misconduct, skewing investigations in favor of the accused. Other propositions such as live hearings and cross-examinations would make the investigative process re-traumatizing for survivors.

If these proposed regulations become law, Title IX will cease to serve its intended function. According to National Sexual Violence Resource Center, 90 percent of sexual assault survivors in college never report their assault. That number, while already incredibly high, would rise under these regulations.

To make our voices heard, we can all participate in the notice-and-comment period at www.regulations.gov through Jan. 30. The DOE must read every comment, and well-researched ones will impact whether the regulations pass or not. There are resources available online to help with writing effective comments. A few examples are: Hands Off IX, Know Your IX, the National Women’s Law Center, and Equal Rights Advocates.

Now is the time to show our support for survivors.

Sincerely,

The Vera House Campus Project Team

Published on January 24, 2019 at 7:02 pm