In a speech at George Mason University, Secretary of Education Betsy DeVos announced her decision to rescind the Obama-era Title IX guidelines that protect victims of sexual assault. Calling it a “failed system,” DeVos described the current guidelines as a disservice to everyone involved.
During the speech, DeVos said survivors are retraumatized by appeals, and painted the accused as having no rights and due process. She said that cases with school administrators are being handled as “kangaroo courts,” with schools using the lowest standard of proof.
Lindsey Moran, Longwood Title IX coordinator and university clery, believes that DeVos may be confused as to what Title IX actually does.
“I think she is fundamentally misunderstanding Title IX,” said Moran.
Title IX prevents schools who are receiving federal money to discriminate based upon sex. It also covers sexual harassment, including sexual misconduct.
Moran stated instead of looking at the Title IX law itself, DeVos is looking at cases where institutions have not followed Title IX. Moran also said DeVos conflated the Title IX administrative process with criminal process.
“We are not a criminal court,” Moran said. “We do not send people to jail through Title IX.”
In her speech, DeVos described the current Obama-era policies as unfair to both survivors and victims. Moran, though, disagrees, stating they give room for institutions to implement the policy they feel is best for their institution.
According to DeVos, a notice-and-comment process will be launched in order to gain insight from all parties. She says that institutional knowledge, professional expertise and the experiences of students will be combined, along with public feedback, to develop a “workable, effective and fair system.”
Moran stated that this process is a great idea for varying viewpoints to state why they either like or don’t like Title IX, as well as to give a voice to those who don’t have one. However, she doesn’t know how effective it will be.
“There isn’t a clear consensus across the board on how Title IX should or shouldn’t proceed,” said Moran.
She also believes that there isn’t any major change that “would completely gut Title IX.”
While no information has been brought forward about what changes are coming to Title IX guidelines, Moran fears that DeVos’ comments on the issue may have a negative effect themselves.
“I don’t want her comments and proposed legislation to further chill reporting,” Moran added. “The most important thing here is student safety.”
Moran also stated that, while she doesn’t know what is going to happen with Title IX, Longwood’s policies are firm.
“We are confident in our policies as it is, and I don’t see that changing anytime in the near future,” Moran said.
