In 2017, Betsy DeVos began the process of eliminating years worth of civil rights protections for students in the US by reversing counsel on Title IX.

Rather than supporting students or educational resources during a global pandemic, DeVos is attacking survivors’ rights. She revealed her new Title IX rules recently, applying to K-12 and colleges/universities, which essentially state:

• Schools must dismiss any complaints of sexual misconduct that occur outside of campus-controlled buildings and/or educational activities.
• Colleges must allow live cross-examination by the ‘representative’ of each party’s choosing.
• Schools can drag students through lengthy and burdensome investigations without providing reason.
• The 60 day timeline will be eliminated, meaning schools can lawfully extend investigations for any amount of time.
• The definition of sexual harassment is narrowed to include only instances that are severe, pervasive, and objectively offensive.
• Students will have to experience repeated and escalating abuse to meet these requirements.
• Unregulated mediation is allowed in cases of sexual assault, rape, dating violence, and domestic violence.
• Religiously-affiliated institutions can claim a Title IX exemption even after they are charged with discrimination.
• This policy greatly reduces a school’s obligation to act against sexual harassment.
• Complaints can only be filed against someone who attends the same university.

If the rule goes into effect, it will be enforced starting August 14th, right at the start of a new uncertain school year.

Ignorant of the fact that the majority of students live off campus and that the percentage of sexual assault is more prevalent off campus than on campus, DeVos’ final rule does not have students in mind. It simply caters to universities and their bottom lines. Through DeVos' restrictive definition of harassment, along with her rules regarding the location of the incident, students’ civil rights have become uncertain.

Students deserve to receive an education that is free of discrimination and free of fear. Our school has a rape culture. It is not okay for students to be warned of specific people, clubs, and SPORTS TEAMS upon their first days at the school. It is not okay for sexual abusers to hold leadership positions at school. It is not okay for clubs to notoriously be breeding grounds for assault without facing any repercussions. It is not okay for professors to dismiss the need for accommodations following an assault. It is not okay for perpetrators with MULTIPLE victims to walk freely around campus. 

The timing of Devos' new rules collides with our current fight. 

Unfortunately, Devos' new rules are legally binding; therefore, schools will lose federal funding if they don't comply. So while the school cannot simply "reject" the rules, we, students and alumni of Point Park University call on the University to commit to:

1. Establishing the preponderance of the evidence as the standard of evidence in all campus sexual misconduct, harassment, and discrimination cases. Preponderance of the evidence is the only standard that values the education of both complainants and respondents equally.

2. Maintaining a time limit of sixty calendar days for the completion of sexual misconduct, harassment, and discrimination cases, with exceptions only for substantial extenuating circumstances. Lengthy investigations are emotionally taxing on survivors, often causing students to drop-out before their cases are complete. Drawn-out timelines are bad for complainants and respondents alike, leaving them uncertain of where things stand with their schools.

3. Continuing to respond promptly to reports of and carrying out existing investigations into sexual misconduct during the global health crisis. The new rule makes clear that Title IX processes may continue remotely in the face of the COVID-19 pandemic. The rights of student complainants and respondents alike hinge on schools maintaining their commitment to prompt and equitable investigations even during these unprecedented times.

4. Guaranteeing all students access to reasonable interim measures regardless of where or when the violence or discrimination they experienced took place. The serious effects of violence and discrimination merit accommodations whether a student was harmed on-campus, on a study-abroad trip, or in their private apartment.

5. Creating and following sexual misconduct procedures for investigating otherwise not covered instances of off-campus and study abroad violence. While the rule does not allow formal Title IX investigations of off-campus violence, schools can still create separate sexual misconduct policies that ensure students can report off-campus violence. Whether you are raped in your on-campus dorm room or in another country, having to see your rapist in class equally interrupts your education.

6. Barring the use of informal resolution mechanisms including but not limited to mediation in cases of sexual assault, rape , dating and domestic violence, and stalking that is an extension of such violence. It is widely agreed upon that mediation is an inappropriate and even unsafe measure in these types of situations.

7. Following the Department of Education’s rescinded 2016 guidance on protecting LGBTQ+ students in order to ensure all students have equal access to a safe learning environment, regardless of gender identity or sexual orientation.

Most importantly, these demands need to be met with fidelity. No more empty promises. No more PR schemes. 

We are calling upon Point Park University to implement less harmful policies - policies that are more survivor-centric, let the students know how they will go about Title IX cases going forward, and use their position of power as an institution to advocate for the Department of Education to change the policy recently proposed. 

As some of our initial movement, along with sending this petition to administration, we demand that the school host a town hall meeting for students to provide feedback on the new proposed policies. This will allow students to propose desires and thoughts regarding Title IX.

How can we promise to protect students with the federal guidelines changing when students have not been protected before these harmful changes were introduced?

As dedicated members of this community, we believe in holding our institution to the highest standards. With a federal government that is failing students, it is up to institutions to assume leadership in defending our education by protecting our civil rights. With students feeling unheard by the lack of fidelity how the school currently conducts Title IX investigations, we cannot further victimize students through the new rules. We look forward to seeing Point Park University issue its public statement in the coming days.

 

(Demands inspired by Know Your IX Intensive; Petition title inspired by American University Petition)