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Campus Due Process Sexual Assault Sexual Harassment Title IX

Barrett Confirmation is a Win for Due Process on Campus

Barrett Confirmation is a Win for Due Process on Campus By Edward Bartlett In her swearing-in ceremony, new Supreme Court Associate Justice Amy Coney Barrett pledged “to do my job without any fear or favor, and that I will do so independently of both the political branches and of my own preferences.”  While many speculate on […]

Categories
Campus Sexual Assault Sexual Harassment Title IX

N.Y. and Ed Dept. Dismiss Title IX Rule Lawsuit

By Greta Anderson November 5, 2020 The State of New York and the U.S. Department of Education agreed Tuesday to dismiss the state’s lawsuit against the department and Secretary of Education Betsy DeVos. The lawsuit, filed in June by state officials and the Board of Education for the New York City school district, challenged the Trump administration’s […]

More Resources

Other Resources ASSOCIATION OF TITLE IX ADMINISTRATORS Numerous individuals and organizations have expressed criticisms of the Association of Title IX Administrators (ATIXA) and its leadership. As early as 2014, a BuzzFeed article noted, "Brett Sokolow may be the most successful sexual assault consultant in the country, but critics say he’s building a profitable empire on [...]

Experiment in Campus Jurisprudence

Experiment in Campus Jurisprudence, 2011-2021 In 2011, the Department of Education’s Office for Civil Rights issued a controversial Dear Colleague Letter on sexual violence. The new OCR policy called for campus disciplinary committees to handle all allegations of sexual misconduct, with significantly fewer due process protections for the accused. To evaluate its effectiveness, the American Association of [...]

Scholarships

Title IX’s implementing regulation,  34 CFR 106, prohibits schools from offering scholarships that, “On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate.” (See details, below.) In 2019-2020, the SAVE Title IX Equity Project […]

State-Level Legislation

Many states have considered legislation on campus sexual assault in recent years. SAVE tracks these bills on an ongoing basis: The current Legislative Status Report, below,  lists all relevant bills that have been introduced in the current year. The table lists the state, bill number, summary, and status. If a bill has been approved by […]

Statutory Language

AFFIRMATIVE CONSENT California, Connecticut, and New York have enacted laws that establish an affirmative consent standard on college campuses. California Cal. Civ. Code § 15.5. 67386 (a) In order to receive state funds for student financial assistance, … independent post-secondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking… involving a student, […]

Campus Equality, Fairness, and Transparency Act

SAVE has developed a model bill designed to bring fairness to the campus sexual assault issue. Titled the Campus Equality, Fairness, and Transparency Act (CEFTA), the bill supports the rights and interests of both the complainant and accused student, and encourages the involvement of local criminal justice authorities. CEFTA was first released in June 2016 and revised in February 2017. CEFTA […]

School Administrators

School Administrators  College administrators expressed deep reservations about the 2011 Dear College Letter policies and their implementation on campuses. These concerns include: Limited capability of universities to assume functions traditionally handled by law enforcement agencies Unfairness to the wrongfully accused Financial impact Liability exposure LIMITED INSTITUTIONAL CAPABILITY A Chronicle of Higher Education report revealed that many members [...]

Scholarships

Sex-Specific Scholarships Title IX’s implementing regulation,  34 CFR 106, prohibits schools from offering scholarships that, “On the basis of sex, provide different amounts or types of such assistance, limit eligibility for such assistance which is of any particular type or source, apply different criteria, or otherwise discriminate.” (See details, below.) In early 2021, OCR issued a [...]