What K-12 parents in Seattle need to know about proposed changes to Title IX rules on sexual assault, harassment
The U.S. Department of Education led by Secretary Betsy DeVos recently proposed new rules governing the way K-12 schools and colleges handle allegations of sexual harassment and assault.
Civil-rights advocates and survivors of sexual violence have expressed outrage, proclaiming that the new rules will dramatically limit schools’ obligations to students who file complaints of sexual harassment and violence under Title IX, the federal civil-rights statute that requires schools to investigate all reports of sexual harassment to find out if the harassment has made it harder for students to learn or stay in school.
The public has until Jan. 28, 2019, to comment on the proposed regulations before they are finalized into law.
Under the proposed changes, the current definition of sexual harassment — "unwelcome conduct of a sexual nature" — would include only behavior that is "severe, pervasive, and objectively offensive." This means that if a teacher makes sexually suggestive comments and a 12-year-old student feels uncomfortable, that isn’t necessarily harassment that the school is legally bound to investigate.
Under the new rules, only a teacher, Title IX coordinator or other high-level official can trigger an investigation. If a K-12 student told an adult school employee they trust — such as a sports coach, playground supervisor, or guidance counselor — that they had been sexually assaulted by another student, the school wouldn’t be obligated to intervene.
Schools would be required to ignore harassment that occurs outside of a school activity, including most off-campus and online harassment even if the student is forced to see the perpetrator at school every day.
If the new regulations are given the force of the law, advocates point out that representatives of the accused — often lawyers — will be allowed to cross-examine complainants at live hearings, a prospect that could discourage students from reporting incidents of sexual harassment and violence.
"DeVos's proposed rule will return us to a time when sexual assault survivors were ignored and felt they had CONTINUE READING: What K-12 parents in Seattle need to know about proposed changes to Title IX rules on sexual assault, harassment
