Get Informed on Title IX
Fri Mar 1, 2019
Title IX Art

By Emily Salisbury 

Title IX is a federal civil rights law in the United States of America that was passed as part of the Education Amendments of 1972. The law states: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. 

The U.S. Secretary of Education, Betsy DeVos, proposed changes in the regulation of how colleges handle allegations of sexual misconduct. If these proposed revisions are passed it would seriously affect Title IX, but to discover how it would affect Title IX, Glenville State, The Phoenix spoke to Jodi Walters, the college Title IX Coordinator for a little over a year now.  

One of the biggest changes to Title IX is the possible change of the definition for Sexual Harassment. The current definition of Sexual Assault is: Unwelcome conduct of any sexual nature. The definition that Devos has proposed it be changed to is much more specific and doesn’t allow coverage to blind areas. If passed the new definition would be: Unwelcome conduct on the basis of sex that is so severe, persuasive, and objectively offensive that it effectively denies a person equal access to the recipient's education, program, or activity. Walters stated, “I feel that the definition should stay the same. It is easier to understand, and it is not blurring any lines.”  

Most troubling, though, is a proposal that would guarantee a person accused of sexual misconduct the right to cross-examine the accuser. The cross-examination would be done by the advisers, and personal conversation between the parties would not be allowed, but there is still the very real and high risk that this new requirement would deter victims of sexual misconduct from coming forward to report what happened to them. Walters expressed concern, saying, “I think that if a person who has had any type of sexual misconduct done to them and they have to sit across from the person or persons who they are accusing, the person who had the sexual misconduct may not report the incident and seek help. If this proposal passes, the effects of reporting sexual misconduct may stop altogether.” 

As stated before, Title IX was created to protect people and allow them to feel safe. The proposed changes could discourage many survivors from reporting their sexual misconduct for reasons such as fear and/or just not knowing if what they experienced could be considered sexual misconduct according to the answers given by Walters. The comment period on the proposed revisions ended on January 28, 2019.  

After asking if Walters had any last statement she replied with, “I would like to encourage everyone on campus that if they hear or know about any sexual misconduct, they should report it immediately. All Faculty, Staff, and Administrators are mandated reports except for Health Services and the Counselor. By reporting the incident, we can help our students get the proper resources they need.”  

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