Speak your mind on DeVos and Title IX
We’re at a pivotal moment in Title IX history. Not since 1975 has the Department of Education changed the regulations governing Title IX, the 1972 law prohibiting sex discrimination in education. The Trump Administration now is going all-out to see that its definition of sex discrimination becomes the law of the land and to limit how schools are allowed to respond to it.
Women’s advocates are fighting back, but Education Secretary Betsy DeVos gave the public only until Jan. 29, 2019 to submit comments for or against her new Title IX rules. Groups like Know Your IX, End Rape on Campus, the National Women’s Law Center, Equal Rights Advocates, the American Association of University Women (AAUW), Surv Justice, Girls Inc., and others are urging everyone interested in fairness in education to file a comment opposing the new rules so that a judge may flunk Trump’s attempt and tell them to start over.
“Boooooorrrrring,” you might be thinking. Wonky it is, but with real-world effects. Sage Carson, manager of the non-profit organization Know Your IX, gives a simple summary of what’s going on and why it matters in the video above.
When Congress passes a law, bureaucrats write the regulations to implement that law. Since the 1975 regulations for Title IX went into effect, the Office for Civil Rights has issued many “guidance” letters on how to apply the regulations that are just that — guidance. But Trump and DeVos want to enshrine their views so any school that crosses them will be breaking the law. What could possibly go wrong?
If you’re intimidated by the idea of filing a formal comment, fear not — check out the Hands Off Title IX site where End Rape on Campus and Know Your IX guide you through crafting a solid comment that will force the Department of Education to respond. The National Women’s Law Center even suggests going old-school and filing your comment by snail mail.
Here’s an Effective Way to Challenge Betsy DeVos’ Attacks on Survivors
The Trump/DeVos rules impose a very narrow definition of sexual misconduct: behavior that’s “so severe, pervasive, and objectively offensive that it effectively denies” access to education. A single rape wouldn’t qualify even if the rapist’s presence in a dorm or classroom traumatizes the victim so much that she or he drops out of school. Anyone who wants to report sexual harassment or assault would have to contact exactly the right people, otherwise the school’s off the hook. And as long as rapists do their raping off campus, the school can turn a blind eye even if the rapist is a student, faculty member, or employee. See more fun facts about the new rules in Washington Post Columnist Sally Jenkins’ piece.
It’s easy to become discouraged about stopping the Trump/DeVos rules. But remember that women banded together to make significant improvements in the original Title IX regulations. Groups like the Women’s Equity Action League, the National Organization for Women and, yes, the AAUW generated nearly 10,000 snail-mail letters in 1973-74 (a huge number in those pre-Internet days) to fight off rules preferred by football fanatics and give girls access to sports through Title IX.
Who’s to say the same won’t happen for Title IX rules governing sexual assaults? If enough people ride the blue wave and flood the Department of Education with comments, the rules could change. Even if the objections wipe out and Trump succeeds, the story ain’t over because the culture is changing, Jess Davidson of End Rape on Campus notes in the video above.
Title IX has bounced back from bigger holes than this, though many people will be hurt in the meantime if the Trump/DeVos rules go through. Resisting is important, and so is persisting.
