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VIEWPOINTSONLINE.ORG
VOL. XCIX, NO. 2
SEPTEMBER 20, 2018
Betsy DeVos reveals new Title IX rules
Almost a year after rescinding Obama-era regulations, new guidelines have been announced
IMAGE COURTESY OF CREATIVE COMMONS
United States Secretary of Education Betsy DeVos has proposed new campus sexual assault policies that, if implemented, will impact how colleges protect victims of sexual assault, discrimination and harassment. JORDAN DE LA FUENTE STAFF REPORTER
Education Secretary Betsy DeVos is adopting a new approach to the Title IX law and how it safeguards victims of sexual assault on school campuses. Title IX, which is part and parcel to the Education Amendments of 1972, is a law that interdicts sex-based discrimination within an educational setting. Historically, this regulation has fallen short of its promise. In his second term, former president Barack Obama and his administration reworked the act in a way that, although enacted many progressive measures, also engendered a streak of unsuccessful lawsuits filed by several colleges regarding oncampus sexual assault. What does DeVos have in store? According to the New York Times suggests that DeVos plans
The process must be fair and impartial, giving everyone more confidence in outcomes. -- Betsy DeVos
to “narrow the definition of sexual harassment, holding schools accountable only for formal complaints filed through proper authorities and for conduct said to have occurred on campuses.” In order to achieve success, DeVos’ new draft outlines three imperative procedures: correct and transparent training, unbiased adjudication and crossexamination. The tactics adopted by schools when providing training have caused DeVos, and many others, to question the current,
guilt-presuming system currently instated. For example, Judge John J. McConnell of Providence, Rhode Island spurned a case posed by John Wales University because the accused student, although requesting it, was not granted access to adequate training. Incidents such as this, alongside the outrage expressed by many accused male students, who believe this to be gender discrimination, have established a backbone for this new rule DeVos plans to implement.
Her new draft requires every school to disclose all forms of training to any student accused of committing any kind of sex-based discrimination. This, in turn, calls for an objective hearing for both parties. DeVos also plans to introduce a session of cross-examination, something that was absent in the Obama-era rewrite of the regulation. If approved, plaintiffs would be able to tender their questions to a panel in order to poke holes in the alleged assailant and vice versa. These students would also be able to request evidence from their opponent and will be granted access to any piece of evidence that’s been secured. “Schools must continue to confront these horrific crimes head-on. There will be no sweeping under the rug. But the process must be fair and impartial, giving everyone more confidence in outcomes,” DeVos said in a memo released by the department in September 2017.
Nine Facts About Title IX
1. Title IX protects all people, regardless of their gender. 2. All schools must have a Title IX coordinator. 3. It is illegal for schools to retaliate against a victim for filing a complaint. 4. Schools must have an established procedure for handling sexual misconduct. 5. Schools must take immediate action to ensure a victim can continue their education free of ongoing sexual discrimination, violence and harassment. 6. Schools are required to protect pregnant and parenting students against discrimination. 7. In cases of sexual violence, a school is prohibited from resolving the complaint through mediation between the accused and victim. 8. If you need counseling, campus housing changes, or other remedies in order to continue your education, your school is obligated to provide these at no cost to you. 9. If your school fails to comply by these rules you can file a fo Title IX complaint with the U.S. Department of Education to enforce your rights under Title IX.