ED Act Now asks for the Department of Education
Posted: July 25, 2013 Filed under: Uncategorized | Tags: Department of Education, Ed Act Now, Office of Civil Rights, Title IX
ED Act Now asks for the Department of Education
1. Timely Investigations
The ED must resolve investigations within a semester of a Title IX complaint being filed.
The 2011 Title IX Guidance requires schools to provide prompt resolutions for complaints of sexual violence. We ask that the Executive demand ED do the same. This will ensure that survivors who remain on campus have resolutions that facilitate their ongoing education at that institution. At present, the delayed findings are meaningless to graduated survivors and come at too high a cost for enrolled students who often are forced to delay their education, affecting student loans, financial aid, and scholarships.
2. Proactive Compliance Measures
(i) Proactive Investigations
The ED must proactively investigate under Title IX when it hears media reports about administrators mishandling sexual violence rather than wait for complaints from survivors.
Many students are still unaware of their rights under Title IX. The Executive should require regional ED offices to proactively investigating campus sexual violence reports when they are in the media rather than waiting for survivors to file complaints—a process that is burdensome, triggering, and frightening to survivors. This will show that the Executive has no tolerance for the institutional mishandling of sexual violence cases and ensure that the ED is aggressively seeking out and addressing such violations.
(ii) Regional Compliance Reviews
The ED must ensure national compliance with Title IX through annual school reviews.
Given the norm of noncompliance within educational institutions, the Executive should require the ED to take proactive measures to ensure schools are aware and in compliance with Title IX nationwide rather than wait for tragedy to strike. Each regional ED office should conduct annual compliance reviews at random and within each reach at several schools to encourage compliance.
(iii) Mandatory Audits
The Department of Justice (DOJ) should work with the ED to conduct retroactive audits of colleges and universities with repeated Title IX complaints to determine patterns of violation.
Certain schools have evaded noncompliance findings despite repeated complaints by students of mishandled sexual violence cases. The Executive should authorize the DOJ to partner with ED on these tougher cases. Specifically, the DOJ should retroactively review institutions with multiple complaints in order to determine repeat patterns of violations.
3. Resolution Reforms
(i) Intermediate Sanctions
The ED must review sexual violence complaints under both Title IX and the Clery Act to ensure intermediate sanctions authorized under the Campus SaVE Act are levied when appropriate.
Enforcement of Title IX needs to be meaningful. Colleges are quickly learning that they will never lose federal funding; therefore intermediate sanctions must be levied for violations. The Campus SaVE Act provides a mechanism for intermediate sanctions, having incorporated portions of the Title IX Dear Colleague Letter Guidance into the Clery Act. To facilitate its use, the Executive should require the ED to mandatorily review all sexual violence complaints under both Title IX and the Clery Act and levy sanction, rather than voluntary resolve complaints when appropriate given the federal violations.
(ii) Monitoring of Resolutions
The DOJ should monitor institutional compliance efforts as part of voluntary resolutions.
When voluntary resolutions agreements occur, the Executive should require the ED to include DOJ on-site monitoring to ensure compliance. For monitoring, the DOJ should create and analyze climate surveys, announce public meetings for commentary, and ensure campus survivors and faculty are adequately sampled to provide meaningful monitoring of institutional reform efforts.
The ED must publish filings, findings and resolutions, to adequately alert students to the risk of sexual violence on campus, and advertise the Title IX complaint process.
Transparency is needed on Title IX enforcement. Students need to be made aware of their rights under Title IX and the complaint process. Complainants should be able to track the progress of their Title IX complaint so that it is not lost or neglected. The filing, investigation, and findings of a complaint should be publicly accessible with all identifying information redacted to preserve privacy for the survivors involved. Noncompliance findings and sanctions should also be publicly known to appropriately shame schools that have violated their federal obligations.
4. Further Education & Guidance
(i) LGBTQ Guidance
The ED must issue guidance to schools on handling LGBTQ and same-sex sexual violence that ensures adequate enforcement of Title IX.
School administrators need guidance on applying Title IX for same-sex sexual harassment and violence, especially when it involves LGBTQ students. The Executive should require the ED to provide guidance for these circumstances so it can be a leader in ensuring equal protection for all students regardless of sex, gender or gender identity.
(ii) Cultural Competency Education
The ED must provide training for regional departments and campuses to ensure marginalized student populations are not unfairly burdened when exercising their rights under Title IX.
Survivors in marginalized communities often face additional barriers when bringing Title IX complaints either to their schools or the ED. No survivor should have sex discrimination excused because of cultural perceptions or minimized because of their identity. Additionally, international students on visas face unique risks regarding their status when bringing Title IX complaints. The Executive should require the ED to provide ongoing education so that officials properly address all cases of sexual violence.