“The dog ate my homework” is one of the oldest excuses students use to rationalize their delay in turning in an assignment. The coronavirus pandemic is one of the newest excuses universities and others are using to request the Department of Education suspend the Title IX rule making process, which has been ongoing since November 2018.
Stop Abusive and Violent Environments (SAVE) calls on the Department of Education to swiftly proceed by releasing the new regulations, keeping with their stated goal of restoring due process in the handling of sexual harassment cases on college campuses. Since the 2011 Dear Colleague Letter [1], universities have been handling campus sexual harassment investigations in a manner not fair or equitable to the accuser or the accused. The proposed new regulation allows for a meaningful hearing process, timely and adequate written notice, and access to evidence. [2]
In a letter to Secretary DeVos and others [3], the National Women’s Law Center (NWLC) lays out their argument for delaying the regulations. The excuses listed actually give support why the regulations should be released now. Not later. In their rampage, NWLC cites reasons, such as, reduced resources, ongoing stress, and remote working environments. While these are true, they are also true for a university absent of a coronavirus pandemic. With campuses devoid of most students until the Fall semester, the university campus is quieter than ever, and the administration has ample time to focus and implement the necessary steps to be compliant.
Buried in the letter, however, are two descriptive words most telling for why the NWLC actually wants the rules delayed: “Now is hardly the right time to push forward with this fundamentally flawed rule.” So there we have it. It’s not because of the coronavirus, it’s because they don’t like and don’t want the due process rule. Period.
Students are given ample notice to complete their assignment and turn it in for a grade. Universities have had ample notice and time to prepare for the release of new rules enforcing Title IX on their campus. No more excuses. Time’s up to restore due process on University campuses across the nation.
Citations:
[1] https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html
SAVE – Stop Abusive and Violent Environments — is leading the national policy movement for fairness, due process and the presumption of innocence.