Category: Department of Education

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Campus Dating Violence Department of Education Domestic Violence Due Process Investigations Office for Civil Rights Sexual Assault Sexual Harassment Title IX Victims

PR: New Sexual Assault Regulation Will Benefit Victims, For Numerous Reasons

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

 New Sexual Assault Regulation Will Benefit Victims, For Numerous Reasons

WASHINGTON / May 8, 2020 – SAVE is today releasing an analysis that enumerates the many ways by which the newly released Title IX regulation will benefit victims of campus sexual assault. Title IX is the federal law that bans sex discrimination in schools. The new regulation was released on Wednesday by the Department of Education (1).

Titled, “Analysis: New Title IX Regulation Will Support and Assist Complainants in Multiple Ways,” the SAVE report identifies seven broad ways that the new federal regulation benefits victims and survivors:

  1. Establishes a legally enforceable duty of universities to respond to such cases in a timely manner.
  2. Requires the school to investigate allegations of sexual assault, domestic violence, dating violence, and harassment.
  3. Requires the school to offer complainants supportive measures, such as class or dorm reassignments or no-contact orders, even if an investigation is not initiated.
  4. Defines the procedures to properly investigate and adjudicate such complaints.
  5. Promotes victim autonomy by allowing the complainant to participate in dispute resolution or withdraw a complaint if desired.
  6. Ensures complainants are not required to disclose any confidential medical, psychological, or similar records.
  7. Discourages minor complaints that tend to dilute the availability of resources and harm the credibility of future victims.

Nashville attorney Michelle Owens provides examples of lawsuits from her own practice that fall into the category of minor and trivial complaints:

  • A student who was charged under Title IX for allegedly touching a girl on her head. This was not on a date or in a romantic setting.
  • One client was charged for sexual misconduct for touching a student on her elbow at a dance because he was trying to move her out of the way of another person.
  • One male student was charged for giving an honest compliment to a friend on her outfit.

The new SAVE document identifies 28 legally enforceable provisions in the new regulation that will benefit and support victims. Three examples of these provisions are: “Complainants are assured that unwelcome conduct that is severe, pervasive, and objectively offensive will not be tolerated at their institution;” “Complainants are assured that respondents that are deemed an immediate threat to safety will be removed from campus;” and “Complainants must be provided an advisor free of charge to conduct cross-examination on their behalf.”

SAVE has identified numerous cases in which campus disciplinary committees, sometimes derisively referred to as “kangaroo courts,” have shortchanged victims (2). The Independent Women’s Forum argues that “Survivors should praise efforts to ensure that disciplinary decisions are not overturned by courts or regarded as illegitimate in the court of public opinion.” (3)

There is no evidence that the previous campus policies have succeeded in reducing campus sexual assault. A recent report from the American Association of Universities revealed an actual increase in campus sexual assaults from 2015 to 2019 (4).

The SAVE analysis is available online: http://www.saveservices.org/2020/05/analysis-new-title-ix-regulation-will-support-and-assist-complainants-in-multiple-ways/

Links:

  1. https://www2.ed.gov/about/offices/list/ocr/newsroom.html
  2. http://www.saveservices.org/sexual-assault/victims-deserve-better/
  3. https://www.iwf.org/2020/05/06/does-due-process-silence-survivors/
  4. https://www.aau.edu/newsroom/press-releases/aau-releases-2019-survey-sexual-assault-and-misconduct
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Campus Department of Education Scholarships Title IX Equity Project

PR: The 85 Worst Universities in the Nation Offering Scholarships that Discriminate on the Basis of Sex

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

 The 85 Worst Universities in the Nation Offering Scholarships that Discriminate on the Basis of Sex

WASHINGTON / March 16, 2020 – The Title IX Equity Project today is releasing a list of 85 colleges and universities in the nation with severe violations of the federal Title IX law that bars sex discrimination in schools. These 85 institutions offer at least 10 more scholarships for female students, compared to the number of scholarships for male students. The 85 colleges are located in 34 states across the nation: AL, AZ, CA, CO, FL, GA, ID, IL, IN, IA, KS, KY, LA, MD, MA, MN, MS, MO, NV, NH, NJ, NM, NY, NC, ND, OR, PA, RI, SD, TN, TX, UT, VA, WA, WI, and WY.

One of the worst offenders in the country is the University of Missouri – Columbia, which offers 70 scholarships for female students, and one for male students. The 70 female-only scholarships address a broad range of academic fields, including medicine, education, journalism, art, and other areas. The sole scholarship for male students, the Eric G. Rowe Scholarship Fund, is reserved for “deserving farm boys” who plan to attend the university’s School of Agriculture (1).

On September 20, 2019 the SAVE Title IX Equity Project sent a letter to Chancellor Alexander Cartwright listing the discriminatory scholarships and requesting a substantive response. The University never replied. On January 28, 2020, the Title IX Equity Project filed a formal complaint with the federal Office for Civil Rights, alleging a willful breach of federal non-discrimination requirements. The decision whether to open a formal federal investigation is pending.

Such disparities not only violate federal law, they offend basic notions of fairness. At the University of Missouri – Columbia, female students outnumber males, 11,789 to 10,695 (2).  Nationwide, 56% of undergraduate students are female, and 44% are male (3).

The listing of all 85 universities is available online (4).  The federal Office for Civil Rights is currently investigating over 80 sex-discrimination complaints that were filed by parties alleging discrimination against male students (5).

University of Michigan-Flint professor Mark Perry has commented ironically, “universities would never tolerate any special preferences for men or discrimination against women, but on the other hand, they not only tolerate discrimination against men and special preferences for women, but they actively promote, fund and endorse illegal discrimination…The illegal discriminatory programs are not being corrected internally despite huge staffs of diversity officers.” (6)

Citations:

  1. https://endowedscholarships.missouri.edu/SelectAllSchoalrship.aspx?action=Y
  2. https://www.collegetuitioncompare.com/edu/178396/university-of-missouri-columbia/enrollment/#gender-block
  3. https://nces.ed.gov/fastfacts/display.asp?id=98
  4. http://www.saveservices.org/equity/scholarships/
  5. http://www.saveservices.org/equity/ocr-investigations/
  6. https://www.aei.org/carpe-diem/an-interview-about-my-title-ix-complaint-vs-uw-stout/
Categories
Department of Education

Secretary DeVos Announces New, Proactive Civil Rights Compliance Center within Office for Civil Rights

‘OPEN Center’ will focus on Outreach, Prevention, Education and Non-discrimination to Promote Equal Access in Education
JANUARY 21, 2020
Contact:   Press Office, (202) 401-1576, press@ed.gov
WASHINGTON — U.S. Secretary of Education Betsy DeVos announced today that the Office for Civil Rights (OCR) at the U.S. Department of Education will launch the Outreach, Prevention, Education and Non-discrimination (OPEN) Center to focus on proactive compliance with federal civil rights laws. The OPEN Center will provide assistance and support to schools, educators, families, and students to ensure better awareness of the requirements and protections of federal non-discrimination laws.

“The creation of the OPEN Center is yet another example of this Department’s focus on supporting school districts, colleges, and those closest to students,” said Secretary DeVos. “The OPEN Center underscores OCR’s efforts to support all schools and provide technical assistance to help them come into compliance with federal civil rights law prior to the filing of a complaint. This agency will continue supporting school districts and colleges by working with them cooperatively to ensure that every child has access to a quality education.”

While OCR typically enforces federal civil rights laws through the traditional complaint-resolution process, OCR will, through the provision of targeted support to recipient institutions and the public, also be able to work more proactively—prior to the filing of complaints—to ensure that schools are aware of their obligations under federal civil rights law. By investing resources in technical assistance and public education, OCR will provide not only much-needed assistance to recipients, but also better support students, families, and stakeholders.

“The OPEN Center is all about strengthening civil rights compliance through voluntary, proactive activities,” said Assistant Secretary Kenneth L. Marcus. “Instead of waiting for violations to occur before responding, OCR will get in front of the problem, partnering with educators and other institutions to better protect students. As the name implies, we want to be a better resource, more welcoming and supportive of students, families, educators, and communities.”

The OPEN Center, established within OCR headquarters, will provide OCR with a dedicated team that focuses on education, prevention, and outreach. It will also provide for improved technical assistance to recipients and the public through a dedicated team to ensure that technical assistance is high-quality, accurate, thorough, and legally sound. The OPEN Center will be staffed by OCR civil rights attorneys and will be led by Acting Director, Christian Corrigan. OPEN Center inquiries can be sent to OPEN@ed.gov.