Title IX is a federal civil rights law meant to guarantee equal access to education for all students. However, victims of sexual violence are not getting the support they need. Betsy DeVos, head of the U.S Department of Education, announced a change in requirements for mandatory reporting and how institutions can respond to reports of sexual violence. Survivors already experience a tough enough time dealing with their perpetrators, not to mention the lifelong impact of trauma. The new Title IX regulations make it even more difficult for survivors to focus on their education.
If you’re interested in the details of the new rules and how it may affect you and/or your loved ones, keep reading on!
What Is Title IX?
The law, passed in 1972, makes sure that all women and girls have equal access to education in schools and colleges that receive federal funding. It also provides equal access to on-campus housing, other academic resources, and protects them from sexual assault, harrassment, misconduct and violence. It states that:
“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.”
26.4 percent of female undergraduate students experience rape or sexual assault through physical force, violence or incapacitation. According to the National Sexual Violence Resource Center, more than 90 percent of sexual assault victims on college campuses do not report their assaults. The number of women assaulted is likely to be higher than what the official statistics reveal. Scott Berkowtiz, president of the Rape, Abuse, and Incest National Network (RAINN), explains why so many cases might go unreported.
“In general, reporting rates are much lower when the perpetrator is someone that the victim knows. And because most campus assaults fall into that category and often grow out of social situations, the reporting rate for campus assaults is quite low”
Scott Berkowitz, president of RAINN
If you’re interested in making a difference in women’s lives, check out Ways You Can Empower Women Globally and Locally.
What Changed?
Because of the new revisions, coaches and other faculty members at colleges and universities are not required to report allegations to the Title IX office, whereas before the changes, they were responsible for doing so. The reason for these changes is so students can confide in an adult without running the risk of officially reporting something they never intended to report. DeVos also sided with men’s rights activists who were concerned about false accusations of rape and assault. The new regulations provide more protections for the accused. Live hearings or mini-trials are encouraged, even allowing cross-examinations, which benefit the wealthy since they have the ability to hire their own lawyers.
In addition, schools must now find “clear and convincing” evidence before making a case. In the past, colleges used the “preponderance of the evidence” standard. This means that allegations can be proven if it’s found that more likely than not that abuse/harassment happened. Colleges currently have the option to choose between the two. Many people are worried that schools will pick the clear and convincing evidence standard to decrease the amount of lawsuits from the accused.
The definition of sexual harassment has become more narrow. Single incidents no longer count as sexual harassment. The new rules state that sexual harassment must be repeated and severe enough to the point that it prevents a student from accessing school activities or education programs.
Consequences Of The New Regulations
There are concerns that the new rules will deter students from coming forward. Upon reviewing the rules, the National Education Association (NEA) deemed them as dangerous. The incorporation of cross-examinations force victims to re-live painful memories, making it less likely for them to report anything in the first place. On top of the traumatic incident of sexual violence, victims suffer through the ordeal of reporting. 15 percent of survivors faced or were threatened with punishment from their schools.
Tiana St. Clair, a college student who is a survivor of sexual violence, was raped by a friend. She decided to press charges and had the help of one of her uncles, a lawyer well-versed in the processes of the courtroom. Tiana recalls feeling overwhelmed by everything.
“My family was there with me, and as I was entering in to deliver my testimony… I hadn’t seen him since that night and so when we went into the doors—with my dad and my uncle—he (my perpetrator) was just standing right in front of me. During this moment, my body freaked out. I ran away and I started bawling.”
Tiana St. Clair
Even though Tiana made the decision herself to press charges and had a supportive family by her side, she was still triggered by her perpetrator’s presence and experienced extreme emotional distress. Imagine how much worse it would be for a victim forced to undergo a hearing face to face with their rapist without a proper support system.
Additionally, there are hefty financial consequences that can come along with sexual violence. In schools that don’t effectively assist their students, victims can lose money dropping classes to avoid their abusers. Aside from education costs, there are also mental health costs. 31 percent of survivors suffer from PTSD.
Survivors should not have to miss out on learning. Instead of being treated like a burden, they need to be accommodated in all areas of their campuses, including in cafeterias, classrooms, residence halls, and more. The DeVos rules make this nearly impossible. It feels like they are reversing all of the progress that society has acquired. However, efforts are slowly, but surely being made to overturn the rules. President Biden has ordered the Department of Education to complete an extensive and thorough review of the Title IX regulations.
While the government is working on repairing the damage, let’s make sure we all do our part to make schools as safe a space as possible for survivors.
Are you interested in more empowered women content?
