The Department of Education’s proposed changes to Title IX is only the latest move by the federal government to narrow protections for women and girls. Title IX was enacted because both the criminal and civil legal systems massively failed to provide victims of violence and discrimination the immediate safety and ongoing protections critical to addressing these wrongs.
The proposed Title IX regulations describe sexual harassment as “severe, pervasive, and objectively offensive”. This stringent definition means that a student suffering one incident of unwanted touching may not qualify for protection. If a victim is subjected to veiled name calling or subtle suggestive remarks, whose “objective” standard will apply? These new regulations erase 20 years of advocacy by the women’s movement which resulted in the recognition of the traumatic effects of domestic and sexual abuse. The experience and knowledge gained by thousands of advocates, mental health researchers and social scientists about the insidious and life-altering damage done by emotional abuse has been ignored by the Department of Education. The hallmark of violence against women and girls – the use of power and control in abusive relationships – is a universally recognized dynamic which will disappear from Title IX protections under these proposed regulations. How can an individual student ever have equal power in their fight for safety against a teacher or a university? How can they pay for the attorney they will need to uphold their civil rights in a proceeding which, under the proposed regulations, looks like it belongs in a courtroom?
The diminution of rights and remedies available under federal law reinforces barriers to a life free from violence and abuse for women and girls in Cook County and across the United States. Victims will be less able to obtain an education if they are not protected in schools and on campuses. Further, economic viability, which depends on a higher level of education and higher paying jobs, may be denied these victims. Without a way to adequately support themselves and their children, victims may be more vulnerable to domestic violence. The negative consequences of these changes are far-reaching and long-lasting.
Although the comment period for the proposed Title IX regulations ended on January 30th, you can still make your voice heard. Write to your congresspersons and your senators. Let them know your opinion of the fundamental injustices against women and girls the administration is attempting to enshrine with these changes. Tell the Secretary of Education, Betsy DeVos, what you think of her push to disempower women and girls. We must continue to speak out and let elected representatives and cabinet officials hear our voices.
