[Wsssc] Fwd: U.S. Department of Education Launches New Title IX Resources for Students, Institutions as Historic New Rule Takes Effect

[Joe Holliday]

FYI

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________________________________
From: Jan Yoshiwara <jyoshiwara at sbctc.edu>
Sent: Friday, August 14, 2020 9:51 AM
To: Julie Huss; Joe Holliday
Cc: John Boesenberg; Carli Schiffner
Subject: FW: U.S. Department of Education Launches New Title IX Resources for Students, Institutions as Historic New Rule Takes Effect



Jan Yoshiwara
Executive Director
Washington State Board for Community and Technical Colleges

From: Wilson, Morgan (GOV) <Morgan.Wilson at gov.wa.gov>
Sent: Friday, August 14, 2020 7:32 AM
To: Austin Hall, Ellen (ATG) <ellen.austinhall at atg.wa.gov>; Aultman, John (GOV) <john.aultman at gov.wa.gov>; Came, Deb (OSPI) <deb.came at k12.wa.us>; Reykdal, Chris <chris.reykdal at k12.wa.us>; Cindy.Rockholt at k12.wa.us; Mastin, Dave <Dave.Mastin at k12.wa.us>; Davis, RaShelle (GOV) <rashelle.davis at gov.wa.gov>; Dierk Meierbachtol <Dierk.Meierbachtol at k12.wa.us>; Pauley, Gayle (OSPI) <gayle.pauley at k12.wa.us>; Glenna.Gallo at k12.wa.us; Plaja, Jenny <jenny.plaja at k12.wa.us>; Katherine.Mahoney at k12.wa.us; Katy Payne <Katy.Payne at k12.wa.us>; Kelly, T.J. <thomas.kelly at k12.wa.us>; Miller, Michaela <michaela.miller at k12.wa.us>; Mueller, Martin (K12) <martin.mueller at k12.wa.us>; Lugalia, Stella <stella.lugalia at k12.wa.us>; Taylor, Kathe <Kathe.Taylor at k12.wa.us>; Tennille.Jeffries-Simmons at k12.wa.us; Terre, Val (OFM) <val.terre at ofm.wa.gov>; Thomas, Jamila (OSPI) <jamila.thomas at k12.wa.us>; Thompson, Maddy (GOV) <maddy.thompson at gov.wa.gov>; Tyler Muench <Tyler.Muench at k12.wa.us>; Kenna-Schenk, Becca <becca.kenna-schenk at wwu.edu>; Bennett, Don (WSAC) <DonB at wsac.wa.gov>; Boggs, Breann (OFM) <breann.boggs at ofm.wa.gov>; Glynda Becker (WSU) <glynda.becker at wsu.edu>; Arlen Harris <aharris at sbctc.edu>; Hollimon, Cynthia (OFM) <cynthia.hollimon at ofm.wa.gov>; Jon Kerr <jkerr at sbctc.edu>; Brown, Kristina <kristina.brown at ltgov.wa.gov>; Meotti, Michael (WSAC) <MichaelM at wsac.wa.gov>; Miller, Michaela <michaela.miller at k12.wa.us>; Papadakis, Eleni (WTB) <eleni.papadakis at wtb.wa.gov>; Francis, Paul <pfrancis at councilofpresidents.org>; Sarah Castro (UW) <smcastro at uw.edu>; Sharpe, Rachelle (WSAC) <RachelleS at wsac.wa.gov>; Standish-Kuon, Terri <terri at icwashington.org>; Thompson, Becky (WSAC) <BeckyT at wsac.wa.gov>; William Durden <wdurden at sbctc.edu>; Jan Yoshiwara <jyoshiwara at sbctc.edu>
Cc: Katims, Casey (GOV) <casey.katims at gov.wa.gov>; Potter, Geoff (GOV) <Geoff.Potter at gov.wa.gov>
Subject: FYI: U.S. Department of Education Launches New Title IX Resources for Students, Institutions as Historic New Rule Takes Effect

FYI – Unfortunately, new Title IX rules take effect today. Passing along the press release below from the Department regarding the launch of a new website supporting this rule.

Also, in contrast to the “key provisions” the Department cites in their release, I’d like to flag several changes below that I circulated previously which have implications for our institutions and students.


  *   Most of these requirements will now apply to K-12 schools as well as higher ed.
  *   New requirements for the grievance process when a sexual harassment complaint is made apply to both higher Ed and K-12 institutions, and including live hearings for higher ed institutions (optional for K-12) with cross examinations of complainants.
  *   New definition for the scope of school activities and locations that would fall under an institution’s jurisdiction for Title IX investigation
  *   Requirements that schools indicate whether they will follow one of two evidentiary standards for all complaints (1) preponderance of evidence, which was used in Obama Administration era Title IX Rules, or (2) clear and convincing evidence, which is a higher standard.
  *   One major change with broad reaching implications that I would flag is the new definition of sexual harassment being adopted for instances that are not sexual assault or quid pro quo:
     *   The final rule uses the Supreme Court’s Davis definition of sexual harassment “severe and pervasive and objectively offensive conduct, effectively denying a person equal educational access” instead of the Supreme Court’s Title VII workplace standard “severe or pervasive conduct creating a hostile work environment.” Under the new definition, to be sexual harassment under Title IX, conduct must meet the standard in all four areas under Davis (severe, pervasive, objectively offensive and denying access).
     *   The Administration asserts that this higher standard that provides less protection to students than workers when facing harassment is necessary to protect the first amendment rights of students and staff in an educational setting, even if that speech is offensive.
     *   So, conduct that would be considered sexual harassment in a workplace under EEOC law in some cases may not be considered harassment under Title IX in a K-12 or higher education institution.



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[US Department of Education]

FOR IMMEDIATE RELEASE
Aug. 14, 2020
Contact: Press Office
(202) 401-1576 or press at ed.gov<mailto:press at ed.gov>

U.S. Department of Education Launches New Title IX Resources for Students, Institutions as Historic New Rule Takes Effect

WASHINGTON — U.S. Secretary of Education Betsy DeVos launched new resources to help students and schools understand the protections provided by the Department’s historic regulation on Title IX, as the Rule takes full effect today. The Rule, announced on May 6, 2020, following years of stakeholder input, public comment and careful deliberation, extends many new protections against sexual harassment, and strongly safeguards the rights of all students, including the right to due process. The Department also launched a new website<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDA4MTQuMjU2Njc4OTEiLCJ1cmwiOiJodHRwczovL3NpdGVzLmVkLmdvdi90aXRsZWl4Lz91dG1fY29udGVudD0mdXRtX21lZGl1bT1lbWFpbCZ1dG1fbmFtZT0mdXRtX3NvdXJjZT1nb3ZkZWxpdmVyeSZ1dG1fdGVybT0ifQ.x0Ug_QX0Pb2sRERro9KqI6BnNEKhUYzhGD8EWleUFos/s/142724863/br/82360253081-l> that provides a one-stop resource for this key information, including how to file a complaint, an overview of the Rule’s protections for survivors, and a detailed webinar on how schools can fully implement and uphold the new provisions in the law.

“Today marks a new era in the storied history of Title IX in which the right to equal access to education required by law is truly protected for all students,” said Secretary DeVos. “Every student should know that their school will be held accountable for responding to incidents of sexual misconduct and that it must treat all students fairly. This rule, as courts have recently noted, restores balance to the scales of justice in our schools, ending one of the most infamous and damaging overreaches of the previous administration.”

The new website will serve as an online hub for information and resources students can use to understand their rights under Title IX and what the new Rule means for them. It also provides a robust fact sheet for students that dispels myths and falsehoods about the Rule. For instance, the Rule expressly prohibits students from directly cross-examining one another, and it requires schools to provide support services to students, even if a student chooses not to move forward with a formal complaint process. The website is also home to information on how courts have opined on the new Rule and the importance of due process and includes statements from lawmakers, respected attorneys, and other major thought leaders on the importance of due process for all students.

To access the website, please click here<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDA4MTQuMjU2Njc4OTEiLCJ1cmwiOiJodHRwczovL3NpdGVzLmVkLmdvdi90aXRsZWl4Lz91dG1fY29udGVudD0mdXRtX21lZGl1bT1lbWFpbCZ1dG1fbmFtZT0mdXRtX3NvdXJjZT1nb3ZkZWxpdmVyeSZ1dG1fdGVybT0ifQ.dyLQ3YrO324iIL9yDx7xirRB8E84JJlJmtlJH-GDe7M/s/142724863/br/82360253081-l>.

Background on the Title IX Rule:

Since the beginning of her tenure, Secretary DeVos has worked to ensure all students have the freedom to learn in a safe environment, free from discrimination. The regulation carries the full force of law, unlike the previous administration's much-criticized "Dear Colleague" letter on the topic that denied students basic due process protections and led to courts frequently overturning school decisions, subjecting survivors to further trauma. With the benefit of robust public participation in the rulemaking process, the Title IX regulation reflects Secretary DeVos' commitment to ensuring that every person's claim of sexual misconduct is taken seriously while ensuring the fair treatment of every person accused of such misconduct.

Key provisions of the Department of Education's new Title IX regulation:

  *   Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sex
  *   Provides a consistent, legally sound framework on which survivors, the accused, and schools can rely
  *   Requires schools to offer clear, accessible options for any person to report sexual harassment
  *   Empowers survivors to make decisions about how a school responds to incidents of sexual harassment
  *   Requires schools to offer survivors supportive measures, such as class or dorm reassignments or no-contact orders
  *   Protects K-12 students by requiring elementary and secondary schools to respond promptly when any school employee has notice of sexual harassment
  *   Holds colleges responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities
  *   Restores fairness on college and university campuses by upholding a student’s right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence at a live hearing
  *   Shields survivors from having to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused
  *   Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard, and to apply the selected standard evenly to proceedings for all students and employees, including faculty
  *   Provides "rape shield" protections and ensures survivors are not required to divulge any medical, psychological, or similar privileged records
  *   Requires schools to offer an equal right of appeal for both parties to a Title IX proceeding
  *   Gives schools flexibility to use technology to conduct Title IX investigations and hearings remotely
  *   Protects students and faculty by prohibiting schools from using Title IX in a manner that deprives students and faculty of rights guaranteed by the First Amendment

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