AR-2020-12 : Condemnation of Title IX Changes

West Virginia University
The Student Assembly - Student Government Association
Assembly Resolution: AR-2020-12

A RESOLUTION CONDEMNING THE ADOPTION AND ENFORCEMENT OF THE NEW FEDERAL TITLE IX POLICIES

Whereas, the U.S. Department of Education is responsible for enacting Title IX, the federal law prohibiting sex discrimination at federally funded institutions such as colleges and universities; and,

Whereas, on May 6th, 2020, Education Secretary Betsy DeVos released new regulations within Title IX enforcement policies that present demonstrable threats to the safety of WVU students and the preservation of their civil rights ¹; and,

Whereas, these changes in policy no longer require schools to address sexual harassment or misconduct involving students committed in off-campus locations not directly under the purview of the school2, such as those having been committed during education programs abroad ³; and,

Whereas, these changes in policy mandate post-secondary institutions permit “each party’s advisor to ask the other party…all relevant questions and follow-up questions, including those challenging credibility.” ², effectively subjecting victims alleging sexual harassment or misconduct to cross-examinations by any party except the respondent, regardless of any bias or lack of experience in legal and/or educational hearings ⁴; and,

Whereas, this increases the risk of the retraumatization of complainants ⁴; and,

Whereas, “Retraumatization has been defined as ‘one’s reaction to a traumatic exposure that is colored, intensified, amplified, or shaped by one’s reactions and adaptational style to previous traumatic experiences.’ Although the exposure may not be inherently traumatic but may only carry reminders of the original traumatic event or relationship…” ⁵; and,

Whereas, these changes in policy decentralize the processes investigating, adjudicating, and issuing disciplinary measures within the Title IX complaint process, thus arbitrarily complicating the complaint process ³; and,

Whereas, these changes in policy do not require institutions to adhere to any specific time frame throughout Title IX complaint processes ³, having removed the previous obligation to conduct a Title IX investigation within 60 days ⁴; and,

Whereas, before the implementation of a 60-day timeframe for Title IX processes to concluded, “schools frequently drew investigations out for months or even a full year” ⁴; and,

Whereas, these changes in policy have been opposed by public institutions of higher learning across the country, including the University of California, the largest public university system in the U.S. ⁶; and,

Whereas, these changes in policy have been denounced by the American Council of Education, with ACE President Ted Mitchell stating, “The Department of Education is not living in the real world.” ⁷; and,

Whereas, these changes in policy have been announced and are to be implemented (08/14/2020) during a time of national crisis as a result of a global pandemic, during which many institutions of higher learning, including WVU, are not currently facilitating physical sessions;

Therefore, be it resolved by the Student Assembly of West Virginia University:

I: The West Virginia University Student Government Association condemns the U.S. Department of Education’s recent changes to the policies guiding the enactment of Title IX in publicly funded institutions across the country, including WVU.

II: The West Virginia University Student Government Association recommends that the U.S. Department of Education and U.S. Education Secretary Betsy DeVos revisit the establishment of these irresponsible policies, adapting them to better protect victims of sexual harassment and misconduct.

III: The West Virginia University Student Government Association encourages the WVU Administration to publicly condemn the changes to Title IX policies, along the same vein of the Administration of the University of California.

IV: The West Virginia University Student Government Association encourages the West Virginia University Division of Diversity, Equity, and Inclusion to

1. independently readopts the 60-day Title IX investigation timeline.
2. independently requires the investigation of all Title IX complaints not having occurred on University property.
3. release a thorough statement to all WVU students, faculty, and employees outlining the Division of Diversity, Equity, and Inclusion’s implementation of these new Title IX regulations.
4. effectively utilizes student and employee conduct policies to ensure that the Department of Education’s ambiguity and loosening of Title IX enforcement regulations do not additionally victimize Title IX complainants at WVU.

V: Upon passage and approval, this legislation shall be forwarded to the mandates listed below.

Mandates:

• Dr. E. Gordon Gee, President
• G. Corey Farris, Dean of Students
• Sabrina Cave, Executive Director, Student Enrichment
• Dr. Thanh Le, Director, Student Engagement and Leadership (Advisor)
• Meshea L. Poore, Esq., Vice President for Diversity, Equity, and Inclusion
• James Goins Jr., Title IX Coordinator and Director of Equity Assurance
• Suzanne Bentzel, Director of Federal Relations
• Chase Riggs, Student Body President
• Tracey Picou, SGA Secretary
• Youssef Georgy, SGA Legislative Affairs Officer
• The Daily Athenaeum
• The Dominion Post

¹https://www.ed.gov/news/press-releases/secretary-devos-takes-historic-action-strengthen-title-ix-protections-all-students

²https://www2.ed.gov/about/offices/list/ocr/docs/titleix-summary.pdf

³ https://www.insidehighered.com/news/2020/05/07/education-department-releases-final-title-ix-regulations

⁴https://www.knowyourix.org/college-resources/hands-off-ix/

⁵Retraumatization: Assessment, treatment, and prevention. Duckworth, Melanie P., (Ed); Follette, Victoria M., (Ed); pp. 191-220; New York, NY, US: Routledge/Taylor & Francis Group; 2012. x, 466 pp.

⁶ https://www.universityofcalifornia.edu/press-room/uc-undeterred-despite-harmful-federal-sexual-harassment-rules-0

⁷https://www.acenet.edu/News-Room/Pages/Statement-by-ACE-President-Ted-Mitchell-on-Final-Title-IXRegulations.aspx