Archive for September, 2017

Title IX and What is Causing Uproar for Schools

Tuesday, September 26th, 2017

 Title IX

On Friday, September 22, 2017 Secretary of Education Betsy DeVos announced changes to Title IX procedures affecting sexual harassment and violence on college campuses. Her statement confirms suspicion that the U.S. Department of Education intends to roll back critical civil rights protections for students. A new “Dear Colleague” letter to all educational entities explicitly stated the two 2011 actions to be rescinded – the Obama administration actions to clarify procedures for investigations of sexual harassment and violence to students.

When educational environments are unsafe because of sexual harassment, assault, and violence, students can’t learn — and their right to an education free of discrimination is put at risk.

#1: Forty-eight percent of students in grades 7–12 still face sexual harassment.

#2: Girls still receive $1.2 million less in funding for high school sports than boys.

#3: Although approximately 20 percent of women are targets of attempted or completed sexual assault, 89 percent of college campuses disclosed zero reported incidences in 2015.

Title IX, part of a U.S. Education amendment in June 1972, signed by President Richard Nixon, states

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Usually, the public thinks only of Title IX legislation affecting sports. It also affects classes offered to boys and girls, job discrimination in an educational institution, biased academic advantages and opportunities for scholarships, and sexual assault and harassment discrimination, especially on college campuses.

After Title IX regulations went into effect, women in sports increased 600%. However, the issues of sexual harassment showed numbers not so well improved. 8 in 10 boys and girls were still harassed, 25% very often. Girls were more likely to be harassed, 56% girls vs. 40% boys. See titleIX.info.

In 2011 regulations in a “Dear Colleague” letter explained in more explicit detail who and how Title IX would be implemented at all educational institutions. At that time, the criticism was that not enough victims’ complaints were pursued or decided. New regulations said the case would be decided by the preponderance of the evidence (POTE), the principal objective being to avoid use of federal monies to support sexual discrimination and provide protection against discrimination.

The argument about and the reason for the changes made September 22, 2017 are because Betsy DeVos, Secretary of Education, claims that the accused in a sexual discrimination case and decisions that come before a school’s administration are diminished unless legal counsel is hired and forced to sue. The Office of Civil Rights of the DOE wishes to change the regulations to more equally weigh the claims of the victim and the accused. To do so, the OCR has sent another “Dear Colleague” letter to require clear and convincing evidence that what happened, happened.

When this decision first came to light on September 7, 2017, National Education Association (NEA) president Lily Eskalon Garcia said, we “are appalled that the Department of Education has decided to weaken protections for students who survive campus sexual assault or harassment. This decision offends our collective conscience and conflicts with the basic values of equality, safety, and respect that we teach our students every day.” See USA Today link above.

It’s 45 years since Title IX regulations first went into effect. Speaking personally, my daughter was harassed in middle school and the administration knew the rules and handled the situation well. My son-in-law dealt with the issue as coach at the local high school.

Brett Sokolov, director of the Association of Title IX Administrators (ATIXA), has posted many interim measures used while a matter of harassment is investigated in 80% of the schools in the U.S. that have a Title IX coordinator. He notes that the need to improve is not the excuse to remove the moral, ethical, and legal obligations of any educational institution.

Remember nobody can be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Claiming the need for clear and convincing evidence, rather than the preponderance of evidence may seem useful, but can overwhelm the investigation and decision.

In addition, such heavy-handed investigations and decisions interfere with getting help for the survivor so s/he can succeed equably in education – the purpose of Title IX.

For all things Title IX go to https://www.titleix.com/law/