Call-to-action: Weigh in on proposed Title IX Regulations
The DeVos Administration has proposed some significant
changes to how school districts respond to and investigate allegations of
student sexual misconduct under Title IX. These changes include:
- Allowing districts to ignore sexual
harassment/abuse reported by a student unless the student reports it to a teacher,
Title IX coordinator or administrator
- Not requiring district to investigate or
implement corrective action if a child reports harassment or abuse by a teacher to another teacher, instead of an employee with authority to institute
corrective measures, such as a Title IX coordinator or school principal.
- Requiring districts to dismiss a formal Title IX
complaint by a student if the alleged conduct occurred off-campus or online
- Opening districts up to requests by parents and
students that they employ “live hearings” where students would be
cross-examined by the other’s “advisor of choice” on alleged misconduct
- Requiring a separate and higher standard to be
used for claims of student harassment and misconduct when compared to employee
harassment and misconduct
Taken as a whole the proposed Title IX regulations would
greatly alter
the policies and practices from the 2001 Title IX guidance that district
personnel have implemented for almost two decades. Further, these regulations
have the potential to increase the likelihood of litigation in districts
because they so severely restrict when and how districts can investigate and
under what circumstances students can report. As a result, we are deeply
worried that students may be less likely to view the Office of Civil Rights
(OCR) as the main avenue for addressing and resolving their Title IX complaints
against schools and instead pursue formal litigation against districts. Also, the
new regulations will require significant new training of districts and cause confusion
to school personnel regarding their responsibilities to report sexual
harassment, including sexual assault.
Please take a moment to read AASA’s comments for
more information on the Title IX regulations and then submit your own comments. We have created a short template you can copy below. The deadline to comment is January 30th. Directions on how to comment are also below. If you need any assistance filing comments please reach out to Sasha directly.
AASA Template:
Dear Secretary DeVos:
As the xxxxx in xxxx district, I ask that you not move forward
with the proposed regulations titled
“Nondiscrimination on the Basis of Sex in Education Programs or Activities
Receiving Federal Financial Assistance.” These regulations would radically
alter the process districts have been using since 2001 to investigate claims of
sexual harassment and discrimination and lead to new costs for districts in
retraining employees on the obligations of district personnel to report and
investigate Title IX allegations by students and staff.
However, our greatest concern with the proposed
regulations is that they will undermine our efforts to ensure each and every
child we educate has a safe and healthy learning environment. Specifically, we
read these regulations as making it more difficult for students to report
sexual harassment and assault as well as tying the hands of districts that
choose to investigate allegations of sexual misconduct that take place off-campus.
It will also open districts to using questionable practices like informal
mediation and live hearings that could add new and unanticipated burdens on
district personnel as well as limit a student’s decision to move forward with
an investigation.
While we welcome flexibility from the federal
level and regulatory relief generally, these proposed regulations will make it
more difficult for districts to respect and respond to the rights of students
and employees who experience harassment and discrimination. Please withdraw
these proposed regulations.
Sincerely,
Xxx
How to File Comments on Title IX Regulation
- Go to https://www.regulations.gov/document?D=ED-2018-OCR-0064-0001
- In the
‘Comment” box, type something similar to this: “As the superintendent of
xxx, I submit the following
comments on the proposed regulation titled “ Nondiscrimination on the
Basis of Sex in Education Programs or Activities Receiving Federal
Financial Assistance.
- Below the
comment box:
- Upload
your file
- Enter your
first and last name.
- Click
‘continue’
- Review the
information on this page, including a check to ensure your document is
attached.
- Click the
‘I have read and understand’ item.
- Click
‘Submit Comment’