The United States Department of Education’s recent revisions to Title IX ultimately harm survivors of sexual assault. The changes dangerously protect students accused of sexual assault and minimizes university liability.

Past Title IX guidelines defined sexual harassment as any unwelcome conduct of a sexual nature, but new rules give schools the option to determine whether reported incidents are severe enough to be considered harassment. That’s not OK.

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Leaving that decision up to university administrations may invalidate the experience of a victim.

“We live in a society that the credibility of survivors is questioned more than the guilt of the accused,” said Venkayla Haynes, an organizer of Know Your IX, a youth-led project that empowers students to end and prevent sexual violence in schools, in an email.

Universities can now demand more “clear and convincing” evidence in cases related to alleged sexual assault. This new standard limits what victims can use to prove an assault occurred.

Students could become discouraged by the new options, after experiencing sexual violence. They might have to choose whether to find their own effective counsel or simply stay quiet about their situation. The changes make it harder for victims to come forward and seek justice.

Also, under the new guidelines, schools are now only responsible of investigating assault reports made on campus. Colleges may opt to not investigate those reports at local businesses, bars, clubs and off-campus student housing, considering the new guidelines. With the number of sexual assault incidents that could occur off campus — at house parties, especially — many victims can no longer turn to their schools for help.

The modifications wrongly protect those accused of sexual assault, and they remove responsibilities from school administrations.

Haynes said this refusal of responsibility stems from a societal acceptance of rape culture and lack of accountability.

Though Title IX was first implemented to aid students, it is now turning against them. That needs to change.

Jennifer Bancamper is a sophomore English and textual studies major. Her column appears bi-weekly. She can be reached at jbancamp@syr.edu.

Published on December 11, 2018 at 6:38 pm