Category: Campus

Categories
Campus Sexual Assault Title IX

Does Due Process Silence Survivors?

Honest question for those putting out panicked press releases claiming that Betsy DeVos has just silenced rape survivors on college campuses:

How exactly does due process silence anyone?

The new Title IX regulations released today by the Department of Education outline a school’s legal obligation to respond to every report of sexual harassment or assault. They require schools to investigate all complaints and emphasize the importance of supportive measures (such as course adjustments; schedule changes; counseling; no-contact orders; dorm room reassignments; and/or leaves of absence) for all survivors, even those who choose not to file a formal complaint.

They also require schools to adopt investigatory and disciplinary procedures that are fair and unbiased.

So, to which of these procedures do the rules’ opponents object?

— Do they object to informing students of the specific claims against them in a timely manner?

— Do they object to letting accused students present witnesses in their own defense?

— Do they object to letting accused students present potentially exculpatory evidence, such as text messages?

Exactly which of these basic aspects of due process silences or otherwise harms survivors?

Many of the opponents of the new rules say they’re concerned that allowing accused students to question their accuser will retraumatize victims. But cross-examination does not have to be traumatic. In fact, the new rules recommend that college administrative proceedings employ certain “rape shield” protections, such as putting the parties in separate rooms; requiring that the questioning be done by a third-party; and prohibiting questions about an accuser’s unrelated sexual history.

Do the opponents of the rules object to any attempt to test the credibility of an accuser?

The Department of Education’s new Title IX regulations do not “roll back” protections for survivors. Rather, they codify existing case law. As such, they aim to ensure fairness and protect the legitimacy and the integrity of college disciplinary decisions. Survivors should praise efforts to ensure that disciplinary decisions are not overturned by courts or regarded as illegitimate in the court of public opinion.

These new rules help to do that.

So tell me again how they silence survivors?

 

Source: https://www.iwf.org/2020/05/06/does-due-process-silence-survivors/

Categories
Campus Office for Civil Rights Press Release Sexual Assault Sexual Harassment

U.S. Department of Education Releases Final Title IX Rule

The U.S. Department of Education today released its Final Rule under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. In addition to posting the unofficial version of the Final Rule, the Department is releasing a Final Rule Fact Sheet, a Final Rule Overview, a document detailing the major provisions of the Final Rule, and a document highlighting changes between the prior Notice of Proposed Rulemaking and the Final Rule.  Finally, the Office for Civil Rights has also released a Webinar describing the Final Rule and many of its features.

The Final Rule is clear, predictable, and effective at ensuring schools have the tools they need to address incidents of sexual harassment in their programs and activities.  Under the Final Rule, schools know the importance of responding to such incidents appropriately by supporting survivors, as well as by providing a fair, transparent process for investigating and adjudicating sexual harassment matters.  The Final Rule will carry the force and effect of law as of August 14, 2020.

OCR Webinar: Title IX Regulations Addressing Sexual Harassment (Length: 01:11:29) 05/06/2020

 

Categories
Campus Due Process Free Speech Sexual Assault Sexual Harassment

PR: 266 Professors Nationwide Issue Call for Prompt Restoration of Free Speech and Due Process on Campus

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

266 Professors Nationwide Issue Call for Prompt Restoration of Free Speech and Due Process on Campus

WASHINGTON / May 4, 2020 – A group of 266 distinguished faculty members today is releasing a Faculty Resolution in Support of the Prompt Restoration of Free Speech and Due Process on Campus. The co-signers come from 43 states and represent a broad range of disciplinary backgrounds and political persuasions. The Resolution concludes with an urgent appeal: “the undersigned professors call on lawmakers and university administrators to assure the prompt implementation of new policies that will clarify grievance procedures, enhance free speech, and embrace fairness for all.”

Among other institutions, the group includes professors from 25 law schools: Brooklyn Law School, University of California – Berkeley, Case Western Reserve University, Cleveland-Marshall School of Law, Denver University, Duke University, George Mason University, Harvard Law School, University of Hawaii, Howard University, Indiana University, John Marshall Law School, University of Kentucky, Marquette University, University of Minnesota, Mitchell Hamline School of Law, Notre Dame University, Ohio Northern University, University of Pittsburgh, University of St. Thomas, University of San Diego, Stanford University, Touro College, University of Virginia, and Washington University.

Since 2011, groups such as the American Association of University Professors have issued statements condemning the growing encroachments on free speech and due process. In 2016, the AAUP Council adopted a report, “The History, Uses, and Abuses of Title IX,” which highlights that as a result of federal sexual assault policies, free speech considerations “have been relegated to the background or ignored altogether.” (1)

Nadine Strossen, Professor of Law Emerita at the New York Law School and former President of the American Civil Liberties Union, has lamented that free expression on campus has become “an endangered species.” (2)  The National Association of Scholars has called for the upcoming Higher Education Act reauthorization to include provisions to enhance free speech (3).

There are numerous examples of faculty members whose constitutionally based due process rights have been curtailed (4).  At Northwestern University, professor Laura Kipnis was subjected to a months-long investigation because two students complained her criticism of her campus’ sexual harassment policy allegedly created a “chilling effect” on other students who wanted to file a sexual misconduct report (5).

SAVE urges the prompt implementation of the new Title IX regulation, which is expected to be issued soon. The Faculty Resolution in Support of the Prompt Restoration of Free Speech and Due Process on Campus can be viewed online. The names are listed in alphabetical order by state: http://www.saveservices.org/wp-content/uploads/Faculty-Resolution-5.2.2020.pdf

Links:

  1. https://www.aaup.org/file/TitleIXreport.pdf
  2. https://shorensteincenter.org/nadine-strossen-free-expression-an-endangered-species-on-campus/
  3. https://www.nas.org/blogs/press_release/scholars_call_for_free_speech_protections_in_the_higher_education_act
  4. http://www.saveservices.org/sexual-assault/faculty-members/
  5. https://www.newyorker.com/news/news-desk/laura-kipniss-endless-trial-by-title-ix
Categories
Campus Due Process Sexual Harassment

Title IX Coordinators Should Embrace New Regulation to Reduce Liability Risks

2020 will be a year in which institutions of higher education (IHEs) suffer heavy financial losses. The COVID-19 shutdown is costing them many millions of dollars in lost revenues.

Significant losses due to mounting litigation are also at an all-time high. Never before have costs been higher for IHEs to defend themselves in lawsuits brought by alleged sexual assault perpetrators or victims claiming mistreatment by their institutions. IHEs must implement policies and procedures to reduce the high cost of sexual assault claims.

In 2017 United Educators (UE), which provides liability insurance to more than 1,600 schools around the country, launched its Canopy risk management program. Canopy has issued two White Papers on campus sexual assault: “The High Cost of Student-Victim Sexual Assault Claims” (1) and “Sexual Assault Claims: Perpetrator as Plaintiff” (2).

The reports document that between 2011-2015, sexual assault claims resulted in losses averaging nearly $350,000 each, with a few causing losses that exceeded $1 million. Losses in claims by accused students were driven by defense costs, which accounted for 71% of losses. Total losses due to perpetrator claims were almost $9 million, with total defense costs $6.3 million.

Lawsuits by alleged perpetrators or victims included allegations of breach of contract, Title IX violations, and negligence. Alleged types of misconduct by university personnel included the following (2):

  1. Failure to properly train staff on institutional policies
  2. Flawed reporting processes that discouraged complainants from reporting assaults
  3. Unclear policy language with insufficient written descriptions of policies and procedures
  4. Poor investigative practices with inadequate investigator training and lack of clarity about the investigator’s role
  5. Problematic adjudication practices, including poor selection of hearing panelists and inadequate training of hearing officials

Recurring patterns in the United Educators’ claims database reveal a number of needed actions to address sexual violence. Specifically, institutions should ensure that:

  • Title IX coordinators and investigators have appropriate training or experience and clarity on their roles,
  • Employees have a clear understanding of reporting obligations,
  • Sanctions are consistently and fairly applied, and
  • Campus officials respond quickly to retaliation reports.

UE also noted that alleged “Victims and perpetrators are equally entitled to know what to expect during the school’s internal process” and usually, “both parties to a campus sexual assault matter are the institution’s students and are entitled to the same procedural protections and general equitable treatment.” (3)

But instead of heeding this advice, Title IX coordinators have continued to take actions that place their universities at risk for future litigation.

In March, 2020 it was reported that over 600 lawsuits have been filed on behalf of students (and some school personnel) accused of Title IX-related offenses (4). Numerous high profile cases, such as the complaint against Baylor University (5) and Penn State University’s handling of the Jerry Sandusky case (6) have been featured in national news reports spotlighting institutions’ failure to protect victims.

Complaints alleging Title IX violations also can be opened for investigation by the U.S. Department of Education’s Office for Civil Rights (OCR), resulting in a time-consuming and expensive process for these schools. The University of Southern California (7) and Michigan State University (8) are two recent institutions that were investigated by OCR, resulting in sweeping changes or record fines due to their mishandling of sexual assault claims.

The U.S. Department of Education’s upcoming Title IX regulation will provide both a regulatory framework and procedural guidance so Title IX coordinators can provide a consistent, reliable response to an allegation of sexual assault. All of the above-listed actions from United Educator’s reports are addressed in the new regulation. Compliance with the regulation should result in fewer lawsuits against universities.

Title IX coordinators should embrace the new Title IX regulation to bring an end to the problematic policies and procedures that have resulted in significant financial losses to their institutions.

Citations:

1. https://static1.squarespace.com/static/53e530a1e4b021a99e4dc012/t/590501f74402431ac4900596/1493500411575/FN-+RE-+2017.04-+High+Cost+of+Student-Victim+SA+Claims.pdf 
2. Canopy, “Sexual Assault Claims: Perpetrator as Plaintiff” (content no longer available on the internet)
3. https://static1.squarespace.com/static/53e530a1e4b021a99e4dc012/t/590501f74402431ac4900596/1493500411575/FN-+RE-+2017.04-+High+Cost+of+Student-Victim+SA+Claims.pdf
4. https://www.titleixforall.com/
5. https://www.espn.com/college-football/story/_/id/24090683/baylor-university-settles-title-ix-lawsuit-which-gang-rape-8-football-players-was-alleged
6. https://www.thefire.org/ocr-penn-state-violated-rights-of-both-complainants-and-respondents-in-title-ix-proceedings/
7. https://www.ed.gov/news/press-releases/secretary-devos-requires-sweeping-changes-usc-after-title-ix-investigation-finds-university-failed-years-protect-students-sexual-abuse
8. https://www.freep.com/story/news/education/2019/09/05/msu-fine-larry-nassar-betsy-devos/2219781001/

 

Categories
Action Alert Campus Due Process

Release the Regs! Release the Regs!

The civil rights of K-12 students, and university students and faculty, continue to be trampled on as each day passes. It is past time for the Department of Education to publish the new Title IX regulations, because “Justice delayed is justice denied.” [1]

We need your help.

Apparently Secretary DeVos and her team are pushing to get the regulations published, but there is a difference of opinion at the White House, as to whether to publish the regulations during the COVID-19 crisis.

SAVE and other due process advocacy groups [2] say now is the best time to publish the regulations because the campuses are quiet and empty of students. The administrators have the time and capacity to put implementation plans in place before the fall semester begins.

Most importantly, students and faculty deserve the right to have fair and equitable procedures when accused of a sexual misconduct issue. This includes presumption of innocence, timely and adequate written notice, and a meaningful hearing process.

No more Kangaroo Courts! Release the Regs!

Please email the White House today at https://www.whitehouse.gov/contact/ and tell them to let the Department of Education release the Title IX regulations. When students walk onto campuses in the fall, they should be taking their civil rights with them, not leaving them at home.

[1]https://www.politico.com/story/2017/07/16/betsy-devos-civil-rights-office-240610

[2]https://www.thecollegefix.com/times-up-to-restore-due-process-groups-urge-devos-to-ignore-coronavirus-stalling-tactics-for-title-ix-reform/

Categories
Campus Due Process Sexual Harassment

Open Letter to the 18 Attorneys General Opposed to the New Title IX Regulation

The long-awaited Department of Education regulations on adjudicating allegations of
sexual misconduct on college campuses are poised for release. In response, the
American Council on Education (ACE) (1) and eighteen state attorneys general (2) have
sought to block the guidelines. I believe this effort is misguided.

The regulations would restore basic fairness to sexual misconduct proceedings on
campus. Over the past ten years, a shadow legal system has simultaneously failed
either to sanction campus predators, or to provide basic due process rights to students
and faculty accused of sexual misconduct. This failed regulatory regime is a result of the
2011 Dear Colleague Letter, guidance from the U.S. Department of Education that
expanded Title IX to address campus sexual misconduct, including both sexual
harassment and sexual assault.

The failure of the existing system to ensure due process for accused faculty and
students is well documented. A 2016 report from the American Association of University
Professors assailed campuses for “inadequate protections of due process and
academic governance.” (3) Open letters from 28 faculty members at Harvard Law School (4)
and 15 professors at the University of Pennsylvania Law School (5) have shared similar
concerns, as did Supreme Court Justice Ruth Bader Ginsburg in a 2016 interview by
The Atlantic. (6) When challenged in court, colleges and universities have suffered over
170 setbacks to students accused of sexual misconduct. (7)

Nor has the existing system proved successful in reducing campus sexual misconduct.
Data collected by the Association of American Universities indicate that reports of
sexual assault, whether by physical force or inability to consent due to intoxication,
actually increased between 2015 and 2019. Moreover, only 45 percent of campus
survivors said that school officials were “very” or “extremely likely” to take their
allegations seriously. (8) And most infamously, the serial abuser Larry Nassar was
allowed to remain in his position at Michigan State University after the school’s Title IX coordinator somehow concluded in 2014 that Nassar’s behavior was “medically appropriate.” (9)

The American Council on Education and the eighteen state attorneys general offer
specious arguments for blocking the new regulations. In their open letter, ACE contends
that, “at a time when institutional resources already are stretched thin, colleges and
universities should not be asked to divert precious resources away from more critical
efforts in order to implement regulations unrelated to this extraordinary crisis.” Yet
colleges and universities have known for eighteen months that the new regulations were
forthcoming. Moreover, COVID-19 means that school Title IX officers, directly
responsible for implementing the guidelines, have more free time than ever before. With
campuses shuttered and students sent home, opportunities for campus sexual
misconduct have plummeted. In short, this is the ideal time for the new regulations to be
implemented.

The new Department of Education regulations aren’t perfect, but they will establish
adjudication mechanisms that are much fairer to accused students, faculty, and staff. A
fairer system, in turn, will enjoy greater support and credibility among stakeholders. And
with any luck, this means fewer dangerous predators on campus. For all these reasons,
I urge you to withdraw your opposition to the new regulations.

Citations:

1. https://www.aau.edu/sites/default/files/AAU-Files/Key-Issues/Higher-Education-Regulation/Letter-ED-
delayt9s117-032420v2FINAL.pdf
2. https://files.constantcontact.com/bfcd0cef001/71385110-7632-4adc-a7ae-0f47bc4f6801.pdf
3. https://www.aaup.org/report/history-uses-and-abuses-title-ix
4. https://www.bostonglobe.com/opinion/2014/10/14/rethink-harvard-sexual-harassment-
policy/HFDDiZN7nU2UwuUuWMnqbM/story.html
5. http://media.philly.com/documents/OpenLetter.pdf
6. https://www.theatlantic.com/politics/archive/2018/02/ruth-bader-ginsburg-opens-up-about-metoo-voting-rights-
and-millenials/553409/
7. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
8. http://www.saveservices.org/2020/04/aau-climate-surveys-reveal-failure-of-campus-sexual-assault-policies/

9. https://www.theatlantic.com/education/archive/2018/01/the-nassar-investigation-that-never-made-headlines/551717/

+++++++++++++++++++

State Attorneys General, Mailing Addresses 

JOSH SHAPIRO

Attorney General, Commonwealth of Pennsylvania

Office of the Attorney General

Strawberry Square

Harrisburg, PA 17120

 

XAVIER BACERRA

Attorney General, State of California

Office of the Attorney General

P.O. Box 944255

Sacramento, CA 94244-2550

 

PHILIP J. WEISER

Attorney General, State of Colorado

Office of the Attorney General

Colorado Department of Law

Ralph L. Carr Judicial Building

1300 Broadway, 10th Floor

Denver, CO 80203

 

WILLIAM TONG

Attorney General, State of Connecticut

Office of the Attorney General

165 Capitol Avenue

Hartford, CT 06106

 

KATHLEEN JENNINGS

Attorney General, State of Delaware

Delaware Department of Justice,

Office of the Attorney General

Carvel State Building

820 N. French St.

Wilmington, DE 19801

 

KARL A. RACINE

Attorney General, District of Columbia

Office of the Attorney General

441 4th Street, NW

Washington, DC 20001

 

CLARE E. CONNORS

Attorney General, State of Hawai‘i

Department of the Attorney General

425 Queen Street

Honolulu, HI 96813

 

BRIAN FROSH

Attorney General, State of Maryland

Office of the Attorney General

200 St. Paul Place

Baltimore, MD 21202

 

MAURA HEALEY

Attorney General, Commonwealth of Massachusetts

Office of the Attorney General

1 Ashburton Place, 20th Floor

Boston, MA 02108

 

DANA NESSEL

Attorney General, State of Michigan

Office of the Attorney General

  1. Mennen Williams Building

525 W. Ottawa Street

P.O. Box 30212

Lansing, MI 48909

 

KEITH ELLISON

Attorney General, State of Minnesota

Office of the Attorney General

445 Minnesota Street, Suite 1400

St. Paul, MN 55101

 

AARON D. FORD

Attorney General, State of Nevada

Office of the Attorney General

100 North Carson Street

Carson City, Nevada 89701-4717

 

HECTOR BALDERAS

Attorney General, State of New Mexico

Office of the Attorney General

408 Galisteo Street

Villagra Building

Santa Fe, NM 87501​

 

LETITIA JAMES

Attorney General, State of New York

Office of the Attorney General

The Capitol

Albany, NY 12224-0341

 

JOSHUA H. STEIN

Attorney General, State of North Carolina

Office of the Attorney General

114 West Edenton Street

Raleigh, NC 2760

 

PETER F. NERONHA

Attorney General, State of Rhode Island

Office of the Attorney General

150 South Main Street

Providence, RI 02903

 

THOMAS J. DONOVAN, JR.

Attorney General, State of Vermont

Office of the Attorney General

109 State St

Montpelier, VT 05609

 

MARK R. HERRING

Attorney General, Commonwealth of Virginia

Office of the Attorney General

202 North Ninth Street

Richmond, Virginia 23219

Categories
Campus Sexual Assault Title IX

89 Percent of Colleges Reported Zero Incidents of Rape in 2015

American Association of University Women

May 10, 2017

2015 Clery Act Numbers

Newly updated data required by the Clery Act indicate that the annual statistics collected by colleges and universities still do not tell the full story of sexual violence on campus. Many studies have found that around 20 percent of women are targets of attempted or completed sexual assault while they are college students, but less well known is that more than one in five college women experiences physical abuse, sexual abuse, or threats of physical violence at the hands of an intimate partner. AAUW’s analysis of the 2015 Clery data revealed the following:

  • Eighty-nine percent of college campuses disclosed zero reported incidences of rape in 2015. With about 11,000 campuses providing annual crime data, an overwhelming majority of schools certified that in 2015 they did not receive a single report of rape.
  • For the second year, we have access to new data regarding dating violence, domestic violence, and stalking incidents on campuses nationwide. For 2015, about 9 percent of campuses disclosed a reported incident of domestic violence, around 10 percent disclosed a reported incident of dating violence, and about 13 percent of campuses disclosed a report incident of stalking. So in each of these categories as well, most campuses did not disclose any reported incidents in 2015.
  • Among the main or primary campuses of colleges and universities with enrollment of at least 250 students, 73 percent disclosed zero rape reports in 2015.
  • The 2016 numbers show that campuses that reported one type of sexual violence often disclosed reports of other types. This suggests that some schools have built the necessary systems to welcome and handle reports, support survivors, and disclose accurate statistics — and others have not.

NOTE: This article was originally posted at https://www.aauw.org/article/schools-still-underreporting-sexual-harassment-and-assault/ 

Categories
Campus Sexual Assault Title IX

PR: Chaos on Campus: Lawmakers Seek Answers for Failure of Sexual Assault Policies

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

 Chaos on Campus: Lawmakers Seek Answers for Failure of Sexual Assault Policies

WASHINGTON / April 7, 2020 – Lawmakers are increasingly impatient over the failure of new campus policies to make a dent in the problem of sexual assault. The concerns have come into focus following release of an American Association of Universities report that contained troubling conclusions (1).

First, the AAU report revealed levels of sexual assault have increased in recent years:

“For the 21 schools that participated in both the 2015 and 2019 surveys, the rate of nonconsensual sexual contact by physical force or inability to consent increased from 2015 to 2019 by 3.0 percentage points (to 26.4 percent) for undergraduate women, 2.4 percentage points for graduate and professional women (to 10.8 percent) and 1.4 percentage points for undergraduate men (to 6.9 percent).” (2)

In short, sexual assaults became more common among undergraduate women, graduate women, and undergraduate men.

Also disappointing was the AAU finding that among sexual assault victims, only 45% reported school officials were “very likely” or “extremely likely” to take their report seriously. Consistent with that gloomy assessment, campus police were contacted in only 11.2% of sexual assault cases.

In 2017, SAVE published “Six-Year Experiment in Campus Jurisprudence Fails to Make the Grade,” which documented a five-fold increase in the number of Title IX complaints to the Office for Civil Rights following issuance of the 2011 Dear Colleague Letter (3). The report also detailed numerous incidents of mistreatment of identified victims by campus officials.

The following year, the American Association for University Women reported that 89% of American colleges had received zero reports of rape incidents in 2016 (4). This finding either means that campus rapes are far less common than claimed, or that victims do not view the campus tribunals to be helpful.

Serious shortcomings with campus sexual assault policies also have been documented for accused students (5), for faculty members (6), and by college administrators (7). Despite enormous expenditures of time and money, there is no evidence of benefit for campus policies that were put in place following release of the Department of Education’s policy on campus sexual violence in 2011.

Citations:

  1. http://www.saveservices.org/2020/04/aau-climate-surveys-reveal-failure-of-campus-sexual-assault-policies/
  2. https://www.aau.edu/newsroom/press-releases/aau-releases-2019-survey-sexual-assault-and-misconduct
  3. http://www.saveservices.org/wp-content/uploads/Six-Year-Experiment-Fails-to-Make-the-Grade.pdf
  4. http://www.saveservices.org/2020/04/89-percent-of-colleges-reported-zero-incidents-of-rape-in-2015-2/
  5. http://www.saveservices.org/sexual-assault/complaints-and-lawsuits/
  6. http://www.saveservices.org/sexual-assault/faculty-members/
  7. http://www.saveservices.org/sexual-assault/college-administrators/

Stop Abusive and Violent Environments is leading the national policy movement for fairness and due process on campus: www.saveservices.org

Categories
Campus Sexual Assault Title IX

89 Percent of Colleges Reported Zero Incidents of Rape in 2015

American Association of University Women

May 10, 2017

2015 Clery Act Numbers

Newly updated data required by the Clery Act indicate that the annual statistics collected by colleges and universities still do not tell the full story of sexual violence on campus. Many studies have found that around 20 percent of women are targets of attempted or completed sexual assault while they are college students, but less well known is that more than one in five college women experiences physical abuse, sexual abuse, or threats of physical violence at the hands of an intimate partner. AAUW’s analysis of the 2015 Clery data revealed the following:

  • Eighty-nine percent of college campuses disclosed zero reported incidences of rape in 2015. With about 11,000 campuses providing annual crime data, an overwhelming majority of schools certified that in 2015 they did not receive a single report of rape.
  • For the second year, we have access to new data regarding dating violence, domestic violence, and stalking incidents on campuses nationwide. For 2015, about 9 percent of campuses disclosed a reported incident of domestic violence, around 10 percent disclosed a reported incident of dating violence, and about 13 percent of campuses disclosed a report incident of stalking. So in each of these categories as well, most campuses did not disclose any reported incidents in 2015.
  • Among the main or primary campuses of colleges and universities with enrollment of at least 250 students, 73 percent disclosed zero rape reports in 2015.
  • The 2016 numbers show that campuses that reported one type of sexual violence often disclosed reports of other types. This suggests that some schools have built the necessary systems to welcome and handle reports, support survivors, and disclose accurate statistics — and others have not.

NOTE: This article was originally posted at https://www.aauw.org/article/schools-still-underreporting-sexual-harassment-and-assault/ 

Categories
Campus Civil Rights Due Process False Allegations Press Release Sexual Assault Sexual Harassment Victims

To Senators Murray, Warren and Gillibrand: Secretary DeVos CAN Multi-task

For over two years, U.S. Senators Patty Murray (D-WA), Elizabeth Warren (D-MA) and Kirsten Gillibrand (D-NY) urged Secretary DeVos and the Department of Education to not create new Title IX regulations, fallaciously claiming victims will be further harmed.  The trio jumped on the crowded coronavirus excuse train, and now claim it is unacceptable for the Department to finalize a rule during the coronavirus outbreak.

The Senators urge DeVos  “not to release the final Title IX rule at this time and instead to focus on helping schools navigate the urgent issues arising from the COVID-19 pandemic that is top of the mind for all students and families.”  [1]

However, the Department’s accomplishments show on March 6, the Department promptly created a coronavirus information and resources website for school and school administrators [2].  Throughout the month they continued this focus on students with disabilities [3], provided student loan relief [4], and announced broad flexibilities for states to cancel testing [5]. There have been multiple task forces, webinars, and conference calls focused on helping schools navigate the urgent issues arising from the corona virus pandemic.

The Senator’s asking Secretary DeVos to suspend due process protections because of the coronavirus is irresponsible, impractical, and unfair to institutions, students and professors.

Ashe Schow, a reporter and columnist, appropriately pointed out in her commentary: “Three Democrat senators are using the coronavirus pandemic to urge Education Secretary Betsy DeVos to delay providing college students their constitutional rights to due process.” [6]

DeVos has shown competing priorities are possible to navigate and combat.  She is prioritizing the immediate needs, which include both navigating through this pandemic while ensuring students are given their due process rights.

As students and professors step onto their campuses in August, they will also be stepping into a more fair and equitable and safe environment than they stepped off in March.

Citations:

[1]https://www.help.senate.gov/ranking/newsroom/press/murray-warren-gillibrand-urge-secretary-devos-to-halt-title-ix-rule-focus-on-helping-schools-during-the-covid-19-crisis

[2]https://www.ed.gov/coronavirus?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

[3]https://www.ed.gov/news/press-releases/secretary-devos-releases-new-resources-educators-local-leaders-k-12-flexibilities-student-privacy-and-educating-students-disabilities-during-coronavirus-outbreak?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

[4] https://www.ed.gov/news/press-releases/delivering-president-trumps-promise-secretary-devos-suspends-federal-student-loan-payments-waives-interest-during-national-emergency?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

[5] https://www.ed.gov/news/press-releases/helping-students-adversely-affected-school-closures-secretary-devos-announces-broad-flexibilities-states-cancel-testing-during-national-emergency?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

[6] https://www.dailywire.com/news/three-democrats-use-coronavirus-to-demand-delaying-due-process-rights-for-college-students