[Wsssc] FW: FYI: How a lawsuit against OSU could challenge DeVos’ Title IX rules

[Joe Holliday]

Colleagues: FYI, below.

                             [Joe]
[Compass]

Joe Holliday

Director, Student Services

Washington State Board for Community and Technical Colleges

jholliday at sbctc.edu<mailto:jholliday at sbctc.edu>• o: 360-704-4334 • f: 360-704-4418

sbctc.edu<https://www.sbctc.edu/> • Twitter: @SBCTCWashington<https://twitter.com/SBCTCWashington> • Facebook: @WASBCTC<https://www.facebook.com/wasbctc/>



From: Jan Yoshiwara
Sent: Saturday, August 4, 2018 7:32 PM
To: Joe Holliday <jholliday at sbctc.edu>
Subject: Fwd: FYI: How a lawsuit against OSU could challenge DeVos’ Title IX rules


Sent from my iPad

Begin forwarded message:
From: "Katims, Casey (GOV)" <casey.katims at gov.wa.gov<mailto:casey.katims at gov.wa.gov>>
Date: August 3, 2018 at 6:43:47 AM PDT
To: "Aultman, John (GOV)" <john.aultman at gov.wa.gov<mailto:john.aultman at gov.wa.gov>>, "Kenna-Schenk, Becca" <becca.kenna-schenk at wwu.edu<mailto:becca.kenna-schenk at wwu.edu>>, "Bennett, Don (WSAC)" <DonB at wsac.wa.gov<mailto:DonB at wsac.wa.gov>>, "Boggs, Breann (OFM)" <breann.boggs at ofm.wa.gov<mailto:breann.boggs at ofm.wa.gov>>, "Davis, Kate (OFM)" <Kate.Davis at OFM.WA.GOV<mailto:Kate.Davis at OFM.WA.GOV>>, "Davis, RaShelle (GOV)" <rashelle.davis at gov.wa.gov<mailto:rashelle.davis at gov.wa.gov>>, "Glynda Becker (WSU)" <glynda.becker at wsu.edu<mailto:glynda.becker at wsu.edu>>, Arlen Harris <aharris at sbctc.edu<mailto:aharris at sbctc.edu>>, "Hollimon, Cynthia (OFM)" <cynthia.hollimon at ofm.wa.gov<mailto:cynthia.hollimon at ofm.wa.gov>>, Jon Kerr <jkerr at sbctc.edu<mailto:jkerr at sbctc.edu>>, "Davis, Kate (OFM)" <Kate.Davis at OFM.WA.GOV<mailto:Kate.Davis at OFM.WA.GOV>>, "Meotti, Michael (WSAC)" <MichaelM at wsac.wa.gov<mailto:MichaelM at wsac.wa.gov>>, "Merle, Deb (GOV)" <deb.merle at gov.wa.gov<mailto:deb.merle at gov.wa.gov>>, "Papadakis, Eleni (WTB)" <eleni.papadakis at wtb.wa.gov<mailto:eleni.papadakis at wtb.wa.gov>>, "Francis, Paul" <pfrancis at cop.wsu.edu<mailto:pfrancis at cop.wsu.edu>>, "Sarah Castro (UW)" <smcastro at uw.edu<mailto:smcastro at uw.edu>>, "Sharpe, Rachelle (WSAC)" <RachelleS at wsac.wa.gov<mailto:RachelleS at wsac.wa.gov>>, Jan Yoshiwara <jyoshiwara at sbctc.edu<mailto:jyoshiwara at sbctc.edu>>
Cc: "Mena, Sharlett (GOV)" <sharlett.mena at gov.wa.gov<mailto:sharlett.mena at gov.wa.gov>>
Subject: FYI: How a lawsuit against OSU could challenge DeVos’ Title IX rules
FYI

How a lawsuit against OSU could challenge DeVos’ Title IX rules

An Oregon State University student who alleges she was raped by a university football player is suing the school, arguing its demands that she keep away from him amount to the school punishing the victim. The order meant it was up to her to avoid parts of campus when he was around — or face disciplinary action, according to the lawsuit. It's a legal battle that could end up posing the latest legal challenge to Education Secretary Betsy DeVos' attempts to balance the rights of victims and the accused in campus sexual assault cases.

— Advocates say DeVos has essentially given the green light to schools to keep doling out mutual no-contact orders as she has rewritten the rules for handling allegations of harassment and assault. The Trump administration has urged universities to do more to balance both sides in such cases after DeVos scrapped Obama-era Title IX rules that she said "failed too many students."

— "Schools are unjustifiably imposing orders against victims of sexual misconduct to limit their access to education counter to the very protections Title IX guarantees them," said Laura Dunn, a prominent Title IX activist who is representing the student in the Oregon State case. She said the Trump administration's Title IX guidance supports these types of orders and "encourages schools to favor those accused over Title IX's requirement to protect the victim." DeVos has said her goal is to balance survivors' rights with the rights of the accused, not favor one over the other.

— Advocates argue such orders can have a major chilling effect on students reporting when they're assaulted. And they say schools do actually enforce them. Brenda Adams, an attorney at Equal Rights Advocates, said she's had multiple clients who have been accused of violating the no-contact orders and faced their own disciplinary investigations. "The only reason they're being issued against a victim is because she reported," Adams said. "Then what you have is all of these women regretting that they ever came forward ... They feel like they've done something wrong when literally all they've done is report to their school and seek safety."
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