During a speech at George Mason University on September 7th, 2017, United States Secretary of Education, Betsy DeVos, gave a speech vowing to replace the “failed” Title IX system. DeVos claims that the current system is ineffective and that changes must be made.
What is Title IX?
Title IX was enacted in 1972 with the mission that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” On college campuses, the Title IX office is best known for protecting its students in cases of harassment. Pitt’s Title IX mission statement specifically states, “Title IX includes sexual harassment, gender-based discrimination, and sexual violence. It encompasses attempted or completed rape or sexual assault, as well as sexual harassment, stalking, voyeurism, exhibitionism, verbal or physical sexuality-based threats or abuse, and intimate partner violence.” Title IX is responsible for allowing all students to feel safe on campus.
Current problems with Title IX
Betsy DeVos argues that there are four major problems with the current Title IX program and its methods. She finds faults existing in Barak Obama’s 2011 Dear Colleague procedures regarding:
1. Standards of evidence
Under Obama’s Dear Colleague procedures, it was recommended for investigators to use the preponderance standard of evidence, which is less than reasonable doubt and allows for a lower burden of proof.
2. Interim measures for both victims and accused
For example, under Dear Colleague, “the school may prohibit the alleged perpetrator from having any contact with the complainant pending the results of the school’s investigation.” Mediation was forbidden for any cases involving an assault, even if it was voluntary by both parties.
3. Time limit for investigations
The 2011 guidelines suggest that a case should be decided within 60 days of the initial complaint but said more complex cases could take longer. This allowed for cases to be resolved quickly saving both parties from the burdens of a trial.
4. Appeals process
Under the 2011 guidelines, it was strongly discouraged for schools to permit appeals. A case was to be decided and closed indefinitely.
DeVos’ Solution
Betsy DeVos and the Department of Education proposed new guidelines for Title IX differing from the 2011 guidelines. The proposed solutions are quoted below.
Solution 1: Unequal standards of evidence
DeVos’ proposed solution: Colleges can follow either a preponderance of evidence standard or a clear and convincing evidence standard. “The standard of evidence for evaluating a claim of sexual misconduct should be consistent with the standard the school applies in other student misconduct cases.” This is a concern because it may make it harder for a student to prove their case, which may discourage them from reporting all together.
Solution 2: Interim measures
DeVos’ proposed solution: Campuses may require students in conflict to participate in “informal resolution” such as mediation. “In fairly assessing the need for a party to receive interim measures, a school may not rely on fixed rules or operating assumptions that favor one party over another, nor may a school make such measures available only to one party.” This can be upsetting and unproductive for both parties.
Solution 3: Time limit for an investigation
DeVos’ proposed solution: “There is no fixed time frame under which a school must complete a Title IX investigation. OCR will evaluate a school’s good faith effort to conduct a fair, impartial investigation in a timely manner designed to provide all parties with resolution.” This solution allows for investigations to drag on because there is no pressure to come to a conclusion.
Solution 4: Who can appeal?
DeVos’ proposed solution: Colleges can allow appeals. “If a school chooses to allow appeals from its decisions regarding responsibility and/or disciplinary sanctions, the school may choose to allow appeal (i) solely by the responding party; or (ii) by both parties, in which case any appeal procedures must be equally available to both parties.” This may allow someone who has already been found of a crime to be retried.
How does this affect Pitt’s campus?
For now, it doesn’t. On September 7, 2017, Pitt’s Title IX Coordinator, Katie Pope, made a statement in response to Betsy DeVos’ speech assuring students that despite Devos’ petition for change, the university’s “commitment to the letter and the spirit of Title IX remains unchanged.”
For more information about Title IX at the university of Pittsburgh, visit http://www.titleix.pitt.edu or their office at 200 South Craig Street