New Title IX Rules Cause Student Backlash

by Olivia McCormack

Last week the Department of Education released new guidelines that change the way colleges and universities handle Title IX cases. In response to these rules, on which federal funding is contingent, two student-led petitions have started online urging American University (AU) to act.

Students Taking Action

Julia Larkin, President of AU Dems, started her petition last week due to the fear that appropriate action towards sexual violence has, "fallen by the wayside." Her petition aims to send a message to the University that people are paying attention, and that the student body deserves to know how these rules are going to impact their lives. Larkin added that she is concerned about the new rules, “getting caught up in AU bureaucracy.” 

This concern is in part due to changing leadership within the AU Title IX office, which currently only has an interim Title IX Program Officer. Larkin’s petition calls for transparency and communication from the University regarding their plans to ensure the safety and rights of their students. Larkin states she was, “at least expecting the University to send out an email,” but so far the only statement the University has made about the new rules was via a spokesperson to The Eagle.

The second petition, American University: Adopt Title IX Policy that Upholds Civil Rights, was created by student Kelsey Thorpe. She believes these new Title IX regulations are “giving more power to the perpetrators than survivors.” Thorpe is frustrated with the timing of these rules, especially considering the current global situation. 

“The University does really have a lot going on in terms of the pandemic which I think speaks a lot to the Department of Education’s decision to do this, at this horrible time,” she says. Thorpe is understanding of the situation the University is in, although she does feel that, “so much silence is really bothersome.” She also stressed her concern about, “no accountability,” being taken by the University. Her petition lays out seven steps the University can take to bolster the rights of survivors within these new rules. 

The Changes and Their Impact on AU

A large number of rule changes have been enacted, but here are a few that both petitions focus on.

Universities are not responsible for assaults that occur off-campus

The new rule makes it so universities are not responsible for assaults that occur in non-university housing. This has been amended to include school-sanctioned fraternity and sorority houses, but does not include study abroad housing or housing that is not school sanctioned. Thorpe believes this “jeopardizes the safety of students living off-campus.” For example, fraternities on campus can only have one school sanctioned house, but many have multiple locations where social events occur. This leaves questions about whether or not the University will be held responsible for sexual violence that occurs at these locations.

Accusers can now be cross examined

Schools now must allow cross examination of both parties during Title IX hearings. Since 2011 accusers have been exempt from cross examination by an individual representing their alleged perpetrator in an attempt to prevent intimidation and the infliction of trauma on the accuser. 

It should be noted that representation could be any individual chosen by the accused.

Universities held less responsible for not addressing sexual violence

Universities now have less legal responsibility for universities if they fail to address assault or harassment. According to the new changes, universities need to have “actual knowledge” of an incident happening, while previously schools could be held responsible if they “reasonably should” have been aware of an incident.

Sexual harassment standard raised

What counts as sexual harassment has been changed to a higher standard. Previously sexual harassment was characterized by “unwelcome conduct of a sexual nature.” The new guidelines have changed this definition to “unwelcome conduct that a reasonable person would determine is so severe, pervasive and objectively offensive that it denies a person access to the school’s education program or activity.” This rule change means sexual harassment has to be at a level that it would deny a student their education before it is serious enough for a Title IX claim.

Mediation

The new rule allows for unregulated mediation to resolve cases of sexual violence. This was not allowed under prior rules due to the concerns that it can silence survivors and be a tool used by universities to lower the number of sexual violence cases that go to trial. Thorpe stressed that the new rule “allowed, not enforced” the ability for mediation, creating the possibility of cases being resolved without going through the process of a full hearing or investigation.

There are still many questions about how the University will implement these rules, and how its implementation will impact survivors who attempt to come forward with their experience. Students are refusing to wait around for an answer. The two petitions combined have garnered over 500 signatures from students, parents and alumni who are supporting survivors and demanding a plan from American University.