Community encouraged to give input on Title IX revisions, due Monday

Proposed changes include cross-examination, narrowed definition of sexual assault, due process



Diane Baumgart passes out forms detailing how to fight Betsy DeVos’s proposed Title IX changes to those participating in the Women’s March on the Palouse on Saturday in East City Park.

JAYCE CARRAL, Evergreen reporter

A law that prohibits schools from discriminating against students based on sex is under review by the U.S. Department of Education.

The WSU community is allowed to submit its comments on the Title IX revisions online through the Office for Equal Opportunity website. All submissions must be sent by Jan. 28.

The revisions will affect how a school handles cases involving sexual assault and harassment, according to an ED document. Currently, Title IX does not have a written clause specifying the laws on sexual assault, according to the document.

Revisions of Title IX include defining sexual assault and identifying the conditions of how and when a school must respond to those allegations, according to the document.

The changes to Title IX demand an investigation by the school, but it does not specify which disciplinary actions should be taken, according to the document. Schools are allowed to employ an informal resolution to a case.

Schools must presume the accused innocent until proven otherwise and allow the accused due process, according to the document. Trials will allow cross-examinations and will be conducted by the advisers of both parties, as well as the right to appeal the case.

Schools must provide the victim remedies to continue their education, according to the document.

Precedent has been set by 1999 U.S. Supreme Court case Davis v. Monroe County Board of Education, stating legal action may be taken against a school that shows deliberate indifference towards cases of sexual assault that prevent victims from continuing their education.

The Daily Evergreen contacted the Office for Equal Opportunity and did not receive a comment.


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