New Title IX rules protects schools instead of students

In front of the entire world, Dr. Christine Blasey Ford took a stance against her oppressor, Brett Kavanaugh. It was an act of courage that many women dream of – and even more dread. Ford relived trauma, faced constant criticism and was shamed during each moment of the congressional hearing last October to determine whether he was fit for The U.S. Supreme Court. But despite her life being torn apart, Kavanaugh’s life carried on as he’d always expected. He is now a U.S Supreme Court justice.

With U.S Secretary of Education Betsy DeVos rewriting how schools define sexual assault, students nationwide risk facing similarly long odds as those that Dr. Ford confronted.

Current Title IX rules require schools to adopt and publish a grievance procedure that outlines the complaint, investigation and disciplinary process for addressing sexual misconduct within educational programs in a prompt and equitable manner.

Southwestern College has the potential to do better than the standard.

Now is the time for Southwestern College, which has a history of sweeping sexual assault cases under the rug, to stop making empty promises and advocate for campus safety.

One of the big changes being brought forth by DeVos is changing the definition of on-campus sexual harassment. The new rules define it as follows: “Unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it denies a person access to the school’s education program or activity.” Compare that to the current definition, which is: “Unwelcome conduct of a sexual nature.”

The new definition requiring that the assault be “severe” and “pervasive” is restrictive, implying that the only form of sexual misconduct is assault or rape. Already, many victims are afraid to step forward and seek help because of society’s minimization of sexual assault. DeVos’ new definition will make the problem worse and enable victim shaming.

According to statistics collected by the National Sexual Violence Research Center (NSVRC), nearly two-thirds of college students will experience sexual harassment. More than 90 percent of sexual assault victims will not report the assault.

Another of DeVos’ controversial changes have to do with how reports are made to authorities. Accusers must first make a formal complaint to someone within administration who has the “authority to take corrective action” in order for their case to be considered for a Title IX investigation, the proposal states. The incident also has to have occurred on campus or within an educational program or activity – otherwise it is not the college’s responsibility.

This proposal is flawed and does not take into consideration students who live off campus. This is especially important for SWC students where housing is not an option.

A majority of college sexual assaults happen in the neighborhoods beyond campus boundaries according to reports by the Associated Press. Reporters also found that five out of eight of the nation’s largest public universities had more off-campus reports than they did on school property.

Selectively choosing cases that happen by direct campus association provides a loophole for administration to simply ignore a victim and reduce their liability in a case. This does not help solve the toxic mindset that many college campuses hold about sexual assault. It instead makes victims feel more ostracized than they already are. They assume their voices and struggles are not worth listening to if it does not impact the school’s reputation.

We encourage administration not to send this message to SWC students. Do not make the same mistakes and repeat history.

DeVos’ new proposal also allows the accused and accuser to cross-examine one another, require that a neutral third party conduct live hearings and assume the defendant is innocent until proven guilty. This sets the precedent that both parties receive equal opportunities and benefits with no discrimination.

It also gives credence to the mythology of false accusations. Research has consistently shown that instances of women making false accusations of sexual misconduct represent a small minority of all cases.

Both accuser and defendant are harmed by these new resolutions. It protects and prioritizes the school over the students. It promotes victim shaming by focusing on solving the issue of false allegations and assumes that survivors do not face stigma in seeking legal help. It also enables campus sexual assault by grossly narrowing what can be classified as assault and harassment and allowing school administrations to redirect the blame elsewhere.

DeVos is regressing back to the debate of whether schools should care about victims’ rights.

Though DeVos is restructuring a path that others may follow, SWC has the resources to do otherwise. If the college’s leaders want to stand with students, as they claim they do, they should challenge DeVos by doing everything in their power to protect their students’ rights and safety. SWC can do this through organizing with other schools to protest and speak out against DeVos’ archaic policies. This will not only keep students safe, but also reassure them that their voices are heard.