Protections lost

Title IX, the landmark civil rights law enacted in 1972, prohibits sex discrimination in any education program or activity that receives federal funds. June 23 was the 48th anniversary of the enactment of Title IX. Since its passage, opponents have sought to weaken it. Recently, the U.S. Department of Education finalized regulations that will make it harder for students who have experienced sexual harassment or violence to access the protections Title IX was created to provide. This new rule, which goes into effect on August 14, includes substantive changes that will make it harder for victims to come forward and get the help they need. Sexual harassment is redefined in an inappropriate way that is narrower and more stringent.

Schools can subject victims to drawn-out, onerous investigations; coerce victims into participating in mediation with their assailant; and allow victims to be cross-examined in live proceedings. Schools can ignore victim complaints if the harassment occurred at the wrong place - outside of a campus-controlled building or activity - or was reported to the wrong person. By creating additional barriers for students to bring claims forward, the rule will further exacerbate inequities for students who are already at risk.

This rule turns back the clock, reversing policies that were put in place to make it easier for survivors to report sexual misconduct. The rule stacks the deck against survivors, making it too onerous - even traumatic - for many to come forward. In short, the rule is antithetical to the fundamental promise of Title IX: that all students deserve access to an education free from sex discrimination.

The fact that this rule is to be implemented amid a global crisis is inappropriate, unrealistic and shameful. We urge the Department of Education to rescind this harmful rule and instead focus on prioritizing the safety of all students in this trying time.

Mary Memhardt

Schaumburg Area Branch American Association of University Women