On Sept. 7, United States Secretary of Education Betsy DeVos announced that the Department of Education would begin a rollback of Obama-era Title IX guidelines. DeVos has not yet specified timetable for the implementation of these policies.
Title IX is a federal law designed to eliminate gender discrimination for federally funded educational programs.
The legal argument posits that when a person is sexually assaulted, they do not have the civil right of equal access to education, which Title IX promises, due to long-lasting emotional and physical effects.
In 2011, the Obama administration issued the “2011 Dear Colleague Letter,” which requires all colleges to employ a Title IX Coordinator, to provide interim measures, such as no contact orders or room changes to students currently undergoing investigation procedures, and calls for a “preponderance of evidence” standard for cases, which dictates that if there are “50 percent plus a feather,” chances that the assault occurred, then the respondent should be found guilty.
DeVos has spoken out against the “preponderance of evidence” standard the most, citing that it is an unfair standard for respondents.
On Sept. 8, the Dean of Students Office responded to DeVos’ announcement in an all-school email stating, “Hamilton takes this issue very seriously. We assess our practices regularly to ensure that we comply with current law and to make certain that we respond fairly, sensitively, and promptly to students who come forward with complaints and students who are accused of misconduct. ”
Many college organizations are discussing how to handle this potential change. Last Tuesday, Sept. 12, the Womxn’s Center and Sexual Misconduct and Assault Reform Taskforce (SMART) co-hosted an open meeting to involve students and faculty on the discussion of DeVos’ statements and to gauge the initial reactions from the Hamilton community.
SMART policy committee co-chair Bridget Lavin ’18 says, “We’re concerned students. We want to be active and involved students who are engaging with the national conversation about sexual assault and Title IX. If [DeVos] were to [rollback the guidelines], [it] would drastically affect the way sexual misconduct, harassment and assault are handled on campus.”
Lavin also voiced concerns regarding the impact that rolling back Title IX regulations might have on survivors and their willingness to report. “[The rollbacks will] further embed rape culture into the way others view survivors who report. This will most likely decrease the number of survivors who find the courage to report.”
