Last September, Betsy DeVos, U.S. secretary of education, announced a change to federal guidance on Title IX. Specifically, DeVos rescinded the Title IX “dear colleague letter” issued by Obama in 2011. She established interim rules as a place holder until an official new guidance is issued.
What is Title IX?
Title IX is a federal law enforced by the Department of Education that reads, “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.”
According to Know Your IX, here is what Title IX does for students like you.
- Title IX is a landmark federal civil right that prohibits sex discrimination in education.
- Title IX does not apply to female students only.
- Schools must be proactive in ensuring that their campuses are free of sex discrimination.
- Schools must have established procedures for handling complaints of sexual discrimination, harassment or violence.
- Schools should ensure that a victim doesn’t have to share spaces, such as dorms, classes or campus jobs with his or her assailant.
- Under Title IX, schools may not retaliate against someone filing a complaint and must keep a complainant victim safe from other retaliatory harassment or behavior.
- Schools can issue a no-contact directive to prevent the accused student from approaching or interacting with you.
- In cases of sexual violence, Title IX prohibits schools from encouraging or allowing mediation (rather than a formal hearing) of the complaint.
- Schools cannot discourage students from continuing their education based on any sexual harassment or discrimination cases or claims.
Why is it in danger?
According to DeVos, many survivors testified the current Title IX system was not a successful one. “The truth is that the system established by the prior administration has failed too many. Survivors, victims of a lack of due process and campus administrators have all told me that the current approach does a disservice to everyone involved,” said DeVos at George Mason University in Virginia.
What are her new rules so far?
DeVos presented her interim guidelines for campus sexual assault response as a Q-and-A. Compared to the Obama-era guidelines, DeVos’s Q-and-A gives more credibility to the accused, and offers less protection for victims.
So far, the changes are small, but overall they mean that colleges will now have a choice about the sanctions the accused deserve. Previously, schools were required to accept the lowest standard of proof “preponderance of the evidence,” which lead to more frequent discipline and/or expulsion. With the new rules, schools must now adhere to higher standards of proof – “clear and convincing evidence – ” which means the word of the accuser isn’t enough.
How does this affect SCAD?
According to John Buckovich, vice president of university safety, “the guidance does not mandate any immediate changes to SCAD’s Title IX policies and procedures.”
Buckovich also assures SCAD will remain fair and neutral to upcoming investigations. “SCAD’s Title IX office is designed to be a neutral resource for all parties involved in the grievance policy and for the university community as a whole.” And we’re glad to hear that.
Buckovich added that if the new guidance is officially adopted and published, it is likely that SCAD and all other universities would have to review its Title IX guidance to adjust its policies and procedures.
If you’re in need of assistance, or have questions or concerns about your rights under Title IX, don’t hesitate to contact SCAD counseling at 912.525.6971 or counseling@scad.edu or visit SCAD counseling webpage.
Written by Scarlett Ruggiero.
Scarlett is a writing major, wine lover and cheese enthusiast from Paris, France. When she isn’t busy writing, she likes to wander around District’s quarter in search of new articles to write.
