Bri Caridi
Campus sexual assault guidelines under Title IX have been rescinded
Under the Trump Administration, Secretary of Education Betsy DeVos is attempting to limit Title IX guidelines established by the Obama Administration that deal with campus sexual assaults.
According to CNN, DeVos feels that many people that are accused of harassment or sexual assault are wrongly held accountable for these crimes, and the current process denies these people their due process of law. As of Sept. 22, the Education Department decided to formally revoke the guidelines determining how schools should handle sexual assaults under Title IX.
Title IX is commonly thought of as the law established to ensure the equality of girls’ and boys’ sports teams, but it is much more than that.Title IX includes a detailed description of how schools are expected to handle accusations of sexual assaults.
“It’s a personal issue for me,” Assistant Principal Karen Walker said. “My daughter Emily [Walker] was in graduate school at the University of Texas and did have to file a Title IX complaint because there was another student who she felt was harassing her.”
According to the Supreme Court, a school becomes legally responsible when the school’s response to the harassment is “clearly unreasonable in light of known circumstances.”
“To be a parent and get a phone call from your child saying that she is being made to feel uncomfortable is very difficult,” Walker said. “Because she was in Texas, I couldn’t go there and rescue her.”
Based on information from CNN, the Education Department has released a Q&A in lieu of the Title IX guidelines which suggests recommendations for how schools should handle sexual assaults. The Q&A allows for schools to be “flexible” in establishing their own procedures.
“From what I read, different universities interpret it in different ways,” Walker said of the Title IX guidelines.
NBC News reports that the biggest change DeVos is implementing into the guidelines is that schools will be moving away from a “preponderance of evidence” model to a “clear and convincing standard of proof.”
As for her daughter’s experience,“The process that she went through was long and tedious. It was not as if, at that particular school, that the process favored her,” Walker said.
Although the Obama-era guidance was mainly aimed at colleges and universities, DeVos’ plans for new guidelines will include K-12 schools as well.
High schools have fortunately not encountered as many instances of harassment as some universities have in which Title IX needed to be discussed. However high schools still must keep accurate security measures and procedures in place in case a situation involving Title IX would occur.
At the school, there are many security measures in place to ensure the safety of all students, faculty and staff. Over the past summer, 56 security cameras were installed around the building.
“It was a safe-school grant from the diocese,” Dean of Students and Athletic Director Shawn Holup said. “After considering what would be reasonable to upgrade, we decided to get some new security cameras for around the building.”
Beyond that, the school does have a clearly-stated policy regarding sexual harassment in the handbook.
“It is an immediate 25 conduct points, which brings you to the level of suspension. If the harassment is serious enough, you are expelled,” Walker said.
As for the future of Title IX, DeVos wants schools to continue to confront these horrible crimes head-on, but it is unclear how she will ensure the safety of students if she changes or limits the guidelines.
“I don’t feel that anything that would happen with Title IX would make us change our school policy in any regard to that, it’s just simply not tolerated here,” Walker said. “Regardless of what federal, state or local government would say, that’s just our policy as a Catholic high school.”