August 14, 2020
The pandemic has caused major disruptions to schools, yet rule changes to Title IX go into effect on August 14th, 2020. The new rule will severely degrade the federal law intended to protect against gender discrimination in education. The changes narrow the types of gender-based abuse schools are required to address and allow for inappropriate and intimidating investigation procedures—ultimately discouraging survivors of sexual and domestic violence from coming forward. Survivors’ academic opportunities will diminish while perpetrators will be empowered to continue abusing without consequence. Campus safety and students’ equal access to education will suffer.
We know first hand just how damaging these changes will be to young people. CAASE’s work to end sexual harm includes providing free legal representation to victims—like students with sexual misconduct complaints under Title IX. That’s why we’ve been advocating against the new rule for nearly 2 years with survivors and allies across the country. Now, we are a leading plaintiff in the National Women’s Law Center’s lawsuit challenging the rule change and asking for an injunction. The Department of Education’s action is illegal, as it reverses decades of federal guidance and targets survivors of sexual harassment. We are hopeful the court will act to protect students and preserve this fundamental civil rights law—as are the dozens of organizations and officials* who have filed briefs in support of our position. CAASE is especially grateful to the members of Congress from Illinois who have joined the Amicus brief supporting our lawsuit.
As we await the court’s decision, our commitment to young people remains steadfast. Our expert attorney on education matters, Christina Zuba, continues representing student survivors. She is also providing in-demand trainings to the community as people grapple with what the Title IX changes mean. There is a lot of confusion about how schools should conform to the new rule, not just because of the harm it will cause and the strain new policy implementation puts on schools already struggling to respond to the global pandemic, but because the rule conflicts with many state laws.
The changes to Title IX push schools to implement harmful policies, but there is still room for them to do better than the minimum in order to create safer learning environments. Even amidst the pandemic, students are pressing for the best possible policies around gender-based discrimination and abuse. CAASE will be helping local students understand their rights in Illinois so they can better engage with their administrators on these issues. Students who want to help their schools enact better policies should check out resources from our national ally, Know Your IX.
We will continue to stand with student survivors and do this work until schools are safe places for everyone, regardless of their gender.
News about Title IX will continue to evolve and CAASE is here to be your resource. Be sure to follow @theCAASE on Twitter, Facebook, and Instagram and subscribe to our newsletter to stay up to date on ways you can show students your support.
This piece was authored by Hayley Forrestal. Learn more about our staff here.
*Organizations and Officials Who Filed Briefs In Support of the NWLC Lawsuit Against the Department of Education
SCHOOL BASED ORGANIZATIONS
AASA, The School Superintendents’ Association
The Council of the Great City Schools
The National Association of Secondary School Principals (“NASSP”)
The American Council on Education
The Accreditation Council for Pharmacy Education
American Association of Community Colleges
American Association of State Colleges and UniversitiesAmerican Association of University Professors
American Dental Education Association
American Indian Higher Education Consortium
Association of American Medical Colleges
Association of American Universities
Association of Catholic Colleges and Universities
Association of Governing Boards of Universities and Colleges
Association of Jesuit Colleges and Universities
Association of Public and Land-grant Universities
College and University Professional Association for Human Resources
Council for Advancement and Support of Education
Council of Independent Colleges
Middle States Commission on Higher Education
NASPA – Student Affairs Administrators in Higher Education
National Association of College and University Business Officers
National Association of Diversity Officers in Higher Education
National Association of Independent Colleges and Universities
National Collegiate Athletic Association
New England Commission of Higher Education
University Risk Management and Insurance Associationand
WASC Senior College and University Commission
NATIONAL AND LOCAL NON-PROFITS CONCERNED WITH SOCIAL JUSTICE:
The Lawyers’ Committee for Civil Rights Under Law
The American Association forAccess, Equity and Diversity,
American Association of University Women
American Federation of Teachers AFL-CIO
The American Humanist Association
Autistic Self Advocacy Network
The Education Law Center-PA
GLSEN
Japanese Americans Citizens League
The Lambda Legal Defense and Education Fund, Inc.
The League of United Latin American Citizens
The National Alliance for Partnerships in Equity
The National Association of Councils on Developmental Disabilities
The National Center for Parent Leadership, Advocacy and
Community Empowerment
The National Center for Special Education in Charter Schools
The National Center for Transgender Equality
The National Council of Jewish Women
The National LGBTQ Task Force
The Southeast Asia Resource Action Center
The Feminist Majority Foundation
The Clearinghouse on Women’s Issues
California Women’s Law Center’s
AnitaB.org
Berkeley High School Stop Harassing
Clearinghouse on Women’s Issues
Community Legal Aid Southern California
Day One
End Rape On Campus
FreeFrom
Girls Inc.
Illinois Coalition Against Sexual Assault
Legal Aid at Work
Maryland Coalition Against Sexual Assault
North Carolina Coalition Against Sexual Assault
Rocky Mountain Victim Law Center
Victim Rights Law Center
Women’s Law Project
NATIONAL MEN’S ORGANIZATIONS
Promundo
American Men’s Studies Association
Connect, Inc.
Jana’s Campaign, Inc.
Men Stopping Violence
Men’s Story Project
Men And Masculinities Knowledge Community Of The Student Affairs Administrators In Higher Education
North American Men Engage Network
Ten Men – Rhode Island Coalition Against Domestic Violence
Vera House, Inc.
MEMBERS OF CONGRESS
Jackie Speier
Jerrold Nadler
Zoe Lofgren
Carolyn B. Maloney
Adam Smith
John Yarmuth
Eliot L. Engel
Ann McLane Kuster
Ayanna Pressley
Gwen Moore
Susan A. Davis
Elissa Slotkin
Rosa DeLauro
Katherine Clark
Debbie Dingell
Pramila Jayapal
Theodore E. Deutch
Jamie Raskin
Lucille Roybal-Allard
Mark Pocan
Bonnie Watson Coleman
Katie Porter
Jan Schakowsky
Nydia M. Velázquez
Suzanne Bonamici
Alcee L. Hastings
Chellie Pingree
Alma S. Adams, Ph.D.
Jerry McNerney
Peter Welch
Earl Blumenauer
Gerald E. Connolly
Norma J. Torres
Derek Kilmer
Val B. Demings
Julia Brownley
Joseph P. Kennedy, III
Steve Cohen
Dina Titus
Diana DeGette
Bill Foster
Mark DeSaulnier
Jim Cooper
Jennifer Wexton
Betty McCollum
Donald McEachin
Darren Soto
Kathy Castor
Danny K. Davis
Suzan K. DelBene
Adriano Espaillat
Frederica S. Wilson
Judy Chu
Stephen F. Lynch
Ro Khanna
Sharice L. Davids
Jahana Hayes
Andy Levin
Joyce Beatty
Susan Wild
David Price
Debbie Mucarsel-Powell
Jason Crow
Sean Casten
Debbie Wasserman Schultz
Mike Quigley
Gilbert R.Cisneros, Jr.
Lori Trahan
José E. Serrano
Tony Cárdenas
Grace Meng
Anna G. Eshoo
Linda T. Sánchez
LAW PROFESSORS
Samuel Bagenstos is the Frank G. Millard Professor of Law at University of Michigan Law School
Nicole Huberfeld is a Professor of Law at Boston University School of Law and a Professor of Health Law and Ethics & Human Rights at Boston University School of Public Health
Naomi Mann is a Clinical Associate Professor of Law at Boston University School of Law
Daniel Hemel is a Professor of Law and Ronald H. Coase Research Scholar at the University of Chicago Law School
Katharine K. Baker is the University Distinguished Professor of Law at the IIT Chicago-Kent College of Law
Jon Michaels is a Professor of Law at UCLA School of Law
Blake Emerson is an Assistant Professor of Law at UCLA School of Law
Deborah Brake is a Professor of Law and John E. Murray Faculty Scholar at the University of Pittsburgh School of Law
Nancy Cantalupo is an Associate Professor of Law at the California Western School of Law
Joanna L. Grossman is the inaugural Ellen K. Solender Endowed Chair in Women and the Law and a Professor of Law at the Southern Methodist University Dedman School of Law;
Erin Buzuvis is an Associate Dean and Professor of Law at Western New England University School of Law
David S. Cohen is a Professor of Law at Drexel University Thomas R. Kline School of Law
Ann McGinley is the William S. Boyd Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas
Ruben Garcia is a Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas
David Oppenheimer is a Clinical Professor of Law at the University of California, Berkeley School of Law
Jodi Short is the Associate Dean for Research and the Honorable Roger J. Traynor Chair and Professor of Law at the University of California, Hastings College of the Law
Jonathan Weinberg is the Associate Dean for Research & Faculty Development and a Professor of Law at the Wayne State University Law School
David A. Super is the Carmack Waterhouse Professor of Law and Economics at Georgetown University Law Center
Ian Ayres is the Deputy Dean and William K. Townsend Professor of Law at Yale Law School and a Professor at Yale’s School of Management
Michael J. Wishnie is a William O. Douglas Clinical Professor of Law and Counselor to the Dean at Yale Law School
Robert S. Chang is a Professor of Law and Executive Director of the Fred T. Korematsu Center for Law and Equality at the Seattle University School of Law
Hannah Brenner Johnson is the Vice Dean for Academic and Student Affairs and an Associate Professor of Law at the California Western School of Law
Michele Dauber is the Frederick I. Richman Professor of Law at Stanford Law School
Daniel Deacon is a Lecturer at the University of Michigan Law School
Sally Goldfarb is a Professor of Law at Rutgers Law School
Julie Goldscheid is a Professor of Law at the City University of New York School of Law
Victoria F. Nourse is the Ralph Whitworth Professor of Law at Georgetown University Law Center
