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I’m about to go on a much needed staycation. But because I keep thinking about this, I want to first clear up some misconceptions about Betsy DeVos’s new Title IX rule addressing how schools must respond to sexual harassment (THREAD):
1) The new Title IX rule does not help survivors. Anyone paying attention would know survivors have fought so hard to stop the rule: https://www.vox.com/2020/5/6/21203255/new-title-ix-rules-campus-sexual-assault-betsy-devos.
...and that in fact, sexist extremist groups - including one that was deemed a hate group - helped the Department of Education write the Title IX rule: https://www.thenation.com/article/politics/betsy-devos-title-ix-mens-rights/
2) The new Title IX rule does NOT help "all" students who report sexual harassment. Contrary to former Dept of Ed policy, schools are now only required to provide supportive measures (which are limited) to students reporting only SOME types of sexual harassment.
3) The new Title IX rule does not make school proceedings more accurate. It actually REQUIRES schools to IGNORE a lot of relevant evidence & makes it easier for harassers to hide evidence against them: https://time.com/5879262/devos-title-ix-rule/
...so if a doctor is unavailable for cross-examination, none of their previous written statements in a medical record can be considered by the school. Nor can it consider a rapist’s apology in a text or email to the complainant if the rapist refuses to be cross-examined.
4) Direct, live cross examination in the new Title IX rule is NOT required to protect due process. The rule actually goes beyond what is constitutionally required for due process and the Department of Education acknowledges this!
….and importantly, direct cross examination will chill reporting & is NOT required to ensure that respondents have an opportunity to meaningfully respond to allegations: https://www.washingtonpost.com/opinions/2020/05/07/what-education-department-gets-wrong-its-rules-campus-sexual-assault/
5) The new Title IX rule isn't justified just b/c it follows SCOTUS. SCOTUS & Dept. of Ed acknowledged that regs don't have to follow litigation stds! The rule departs from decades of guidance & sets a very low bar for schools responding to sexual harass.: https://twitter.com/FGossGraves/status/1304212232801316866
6) What the new Title IX rule will do is worsen the very widespread problem of SURVIVORS being treated unfairly and pushed out of school. This is egregious considering how frequent survivors are already being punished or suspended when they report https://www.the74million.org/article/schools-keep-punishing-girls-especially-students-of-color-who-report-sexual-assaults-and-the-trump-administrations-title-ix-reforms-wont-stop-it/
...and it will allow schools to ignore many reports and sweep them under the rug even while the harassment continues. This has been happening for decades and so Dept. of Ed should be requiring schools to do MORE, not less. (e.g., years of Nassar’s sexual abuse ignored by MSU)
7) Indeed, the Dept. of Ed has trumpeted that the great cost savings from its new Rule will come from schools investigating FEWER complaints of sexual harassment as they now either CAN or will HAVE TO dismiss more Title IX sexual harass. complaints: https://nwlc.org/blog/the-new-title-ix-rule-is-dangerous-for-all-students-thats-why-were-suing-betsy-devos-again/
8) So the new Title IX rule will make it harder for survivors to come forward, require schools to ignore them in many instances when they do ask for help, and deny survivors fair treatment when they try to use the system that is supposed to protect them
9) & it creates more burdens for survivors, esp. students of color, LGBTQ students, & students with disabilities who are more vulnerable to sexual assault & less likely to receive supportive responses. It’s incredibly harmful and that’s why we’re suing DeVos over it.
