PRESS RELEASE
Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org
Universities and Colleges Take Steps to Implement New Title IX Regulation
WASHINGTON / June 25, 2020 – Following lengthy public debate, the U.S. Department of Education issued a new Title IX regulation on May 6, 2020, which carries the force and effect of law. [1]
The new regulation takes effect on August 14, 2020. This means school administrators and Title IX Coordinators have only about 50 days to enact policies and revise training procedures to ensure fairness and equality for all students.
Within this time frame, schools must restore fairness on campuses by upholding students’ rights to written notice of allegations, the right to an advisor, as well as the right to submit, cross-examine, and challenge evidence at a live hearing. One of the key provisions will require colleges to post their Title IX training materials on the websites for public review.[2]
To date, the regulation has been endorsed by editorial boards of the following newspapers: Detroit News, The Oklahoman, New York Daily News, Wall Street Journal, Pittsburgh Post-Gazette, and Philadelphia Enquirer. [3] The Independent Women’s Forum has highlighted how the new regulation will help restore due process on campus and bring an end to the so-called “Kangaroo Courts.” [4]
SAVE has identified numerous ways that the new rule will support sexual assault complainants. [5] Most importantly, the regulation establishes a legally enforceable duty of universities to respond to such cases in a timely manner.
Schools have varied in their initial responses to the new standard.
In a letter to the University of Wisconsin System (UWS), Governor Tony Evers stated, “UWS is required to implement these changes through administrative rule making.” Evers mandated his Board of Regents to do so by submitting a scope statement to him, but rejected the first one on the grounds it was too vague. [6]
The South Dakota Board of Regents was scheduled to vote this week to implement the procedures: “Using a hearing examiner and affording full due process at the onset enhances the probability of getting to the correct outcome sooner, rather than a later, an issue that has haunted Title IX nationally in a litany of high profile court appeals in recent years.” [7]
Anecdotal reports indicate other leading universities have initiated the process of implementing the new regulation.
In contrast, a memo from University of Denver Chancellor Jeremy Haefner indicates the University is focusing on ensuring the changes in the final rule support survivors: “I am writing to ensure you that these changes will in no way compromise our commitment to creating an environment in which all members of the DU community feel safe reporting their experiences and remain confident that their cases will be heard thoroughly, fairly, and with respect.” [8] Unlike other schools, the memo does not mention fair and equitable procedures for all parties.
In October 2019, SAVE launched its Title IX Equity Project to assure compliance with Title IX requirements. As a result, the Office of Civil Rights has opened over 100 investigations to date regarding university scholarship policies that discriminate against male or female students. [9] The Title IX Equity Project has enjoyed extensive media coverage, as well. [10]
Citations:
[1] https://www2.ed.gov/about/offices/list/ocr/newsroom.html
[3] http://www.saveservices.org/title-ix-regulation/
[4] https://www.iwf.org/2020/05/06/new-title-ix-regulations-restore-due-process-on-campus/
[8] http://www.saveservices.org/2020/06/university-of-denver-chancellor-memo-regarding-title-ix-compliance/