Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org
‘Terribly Mistaken:’ SAVE Urges Media to Cover Title IX Story in a Balanced, Objective Manner
WASHINGTON / November 21, 2018 – Following a “terribly mistaken” ABC report that made “patently false claims” about the newly released Title IX regulation, SAVE is urging media representatives to assure their coverage of the campus sexual assault issue is balanced, objective, and fair.
On November 16, the Department of Education published its proposed regulation for campus sexual assault. https://www2.ed.gov/about/offices/list/ocr/docs/title-ix-nprm.pdf
The following day, Anne Flaherty of ABC News published an article about the new regulation that stated, “One of the biggest changes to the rule would be a new definition of sexual harassment….The new rule would define sexual harassment as unwanted sexual conduct that is ‘so severe, pervasive and objectively offensive that it denies a recipient’s education program or activity.’” Flaherty mistakenly concluded, “That definition would be significantly more difficult to prove because the victim would have to prove the misconduct prevents them from returning to school.” https://abcnews.go.com/Politics/betsy-devos-pitching-protections-students-accused-sexual-assault/story?id=59231922
In response, commentator Robby Soave highlighted the flaw of that conclusion: “The new standard does not require victims to show that they can’t return to school. Indeed, it doesn’t require them to leave school in the first place. What this new standard says is that severe, pervasive, objectively offensive sexual harassment that negatively impacts a student’s ability to attend class is a form of discrimination.” https://reason.com/blog/2018/11/16/abc-title-ix-betsy-devos-false-severe-pe
Legal expert David French characterized the ABC claim as “terribly mistaken,” and described how the flawed ABC conclusion had been disseminated across the internet. French also took issue with ABC’s attribution of the proposed changes to a “small group of men’s rights groups,” ignoring the fact that several groups of law professors have written letters strongly critical of the current system of campus adjudications. https://www.nationalreview.com/corner/abc-news-story-serious-mistake-title-ix-rule-change/
SAVE notes that complainants should not be described as a “victim” until after a finding of “responsibility” or “guilt” has been rendered. In a lawsuit against Brandeis University, Judge Dennis Saylor ruled, “Whether someone is a ‘victim’ is a conclusion to be reached at the end of a fair process, not an assumption to be made at the beginning.” https://newbostonpost.com/2016/04/01/judge-rips-brandeis-for-handling-of-sexual-assault-case/
In order to encourage high-quality reporting of the proposed Title IX regulation, SAVE is identifying news stories and editorials that reflect standards of thoughtfulness, fairness, and accuracy: http://www.saveservices.org/2018/11/thoughtful-media-accounts-on-title-ix-regulation-carry-the-day/
Conversely, SAVE will publicize articles that do not meet minimum journalistic standards.
A 2017 YouGov poll revealed strong support for the restoration of due process in campus sexual assault cases. The survey queried whether “Students accused of crimes on college campuses should receive the same civil liberties from their colleges that they receive in the court system.” Among the 1,200 persons responding, 65% of Democrats, 77% of Republicans, and 67% of Independents expressed agreement with the statement. http://bipp.blogs.bucknell.edu/files/2017/09/BIPP-Higher-Ed-Toplines.pdf