Here’s what you need to know and what CAASE is doing to support student survivors

May 13, 2020

In the midst of a global pandemic that has caused enormous disruptions for schools, the Department of Education finalized regulation changes to Title IX, a federal law intended to protect against gender discrimination in education. Our work to end sexual harm includes providing free legal representation to survivors—like students with sexual misconduct complaints under Title IX. We know first hand just how damaging these changes will be for young people.

If allowed to go into effect, the new rule would make it more difficult for survivors to get help. For example, the rule invents a stricter definition of sexual harassment. This means a child will have to endure more severe sexual harassment in school than adult employees in the workplace before intervention is required.

The rule also erects new procedural hurdles designed to limit schools’ liability. They say sexual harassment only counts if the student was harassed on school property or during school programming. And now schools only need to act if the “right” campus personnel is told. Under this rule, Michigan State would have had no obligation to stop Larry Nassar, because his victims made their reports to coaches and athletic trainers instead of the very specific people identified by Title IX. 

Likewise, new investigation techniques laid out in the rule will make it more difficult for survivors and witnesses to come forward. For example, survivors in higher education and their witnesses will be required to submit to cross-examination by any person the respondent chooses as their advisor. The new rules will also give both parties access to any evidence obtained by the school, which could include sexual and medical history, even if it won’t be used by the school in its decision. The idea of sharing this kind of personal information with their assailant will likely deter some survivors from going through the disciplinary process in the first place. 

These are just a few of the changes that make the new regulation feel like a discouraging set back to hard-won progress for gender equity in education. However, we should keep in mind: 

1. Title IX regulation changes are not in effect yet! Survivor allies, including CAASE, are fighting to make sure they never will be. We are supporting the National Women’s Law Center and Know Your IX as they both sue to block the new regulations. We encourage schools to maintain the policies they have had in place and not rush to make changes—especially as they struggle to deal with the COVID-19 crisis.
2. As always, CAASE is standing with student survivors. We will continue providing free legal representation for education matters, including Title IX. For example, our attorneys can help student survivors understand their options and access accommodations, press school officials to respond appropriately to their reports, assist them in navigating the school disciplinary process, and file a complaint against the school with the Department of Education Office for Civil Rights. We can also take civil action by seeking a protective order to keep the perpetrator from contacting the victim and/or suing their perpetrator.
3. We will continue educating students about their rights—whether they are on campus or at home. We are carefully analyzing the 2,000-page regulation change so we can provide information on survivors’ rights established in federal and Illinois state laws, such as the Preventing Sexual Violence in Higher Education Act. We will also help schools understand their responsibilities for keeping students safe and how they can implement the best policies for safe, equitable campuses. 

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.