Secretary DeVos Takes Historic Action to Strengthen Title IX Protections for All Students

Devos Secretary goes to the historical action to strengthen Title IX Protections for all students New standard defines Sexual harassment, Requires Support measures for survivors, restore due process on campus May 6, 2020 Contact: Press Office, (202) 401 -1576, press@ed.gov
  • views overlooking front row row-last"> < p> WASHINGTON - US Secretary Betsy Devos education today took historic action to strengthen the Protections of Title IX for survivors of Sexual abuse and restore due process in school procedures to ensure that all students can pursue an education free from Sexual discrimination. For the First time in history, the Regulations of Title IX of the Department define Sexual harassment, including Sexual assault, and illegal sex discrimination. The new Regulation Title IX holds Schools accountable for failing to respond properly and promptly to incidents of Sexual Misconduct and ensures a more reliable adjudication process that is fair to all students. The new Regulation, careful deliberation, and criticism, survivors, lawyers, students falsely accused, school administrators, coordinators Title IX, and the American people, including occurs after years of research more powerful 124,000 Public comments.

    "Too many students have lost access to their education and school responded inappropriately when a student filed a complaint of Sexual harassment or Sexual assault," said Devos Secretary. "This new Regulation Requires Schools to act significantly survivors Support of Sexual Misconduct, without significant sacrifice safeguards to ensure a fair and transparent process. We can and we must continue the fight against Sexual Misconduct in Schools our nation, and this rule ensures that struggle continues. "

    From the beginning of his mandate, the Secretary Devos has worked to ensure that all students have the freedom to learn in a safe environment free from discrimination. The new Regulation Title IX helps achieve that goal by codifying prohibitions against Sexual harassment in Schools, for the First time in history. The Regulation carries the weight of law, unlike the much-criticized the letter of the previous administration "Dear Colleague" on the topic denying students basic Protections of due process and resulted in cases are often nullified by the courts. With the benefit of the participation of the robust Public in the regulatory process, this new Regulation Title IX reflects the commitment Devos Secretary 'to ensure that the claim of all survivors of Sexual Misconduct is taken seriously, and each accused person knows that the fault is not predetermined.

    The main provisions of the Department of new Regulation of Title IX of Education:

  • Define Sexual harassment to include Sexual assault, dating violence, domestic violence and stalking, as unlawful discrimination on the basis of sex
  • Provides a coherent framework and legally sound on which the survivors, the defendant, and Schools can rely
  • Requires Schools to provide clear, accessible options for anyone to report Sexual harassment
  • empowers survivors to make decisions about how a school responds to incidents of Sexual harassment
  • Requires school to offer survivors Support measures, such as reassignments class or bedroom or no-contact orders
  • Protects K-12 stude nts by requiring primary and secondary Schools to respond promptly whenany school employee has the avis or Sexual harassment
  • contains the universities responsible for outside Sexual harassment campus in houses owned or under the control of fraternities and sororities
  • Restores equity on campus university for defending the right of all students of a written notice of allegations, the right to counsel and the right to present, questioning, and the evidence challenge in a live audience
  • Protects survivors having to meet face to face with the accused at a hearing and answer questions personally raised by the defendant
  • Requires Schools to select one of the two standards of evidence, the preponderance of the standard test or standard of clear and convincing evidence - and apply uniformly selected standard procedures for all students and employees, including faculty
  • Provides Protection n "shield rape" and ensures its rvivors are not required to disclose medical privileged records, psychological, or similar
  • Requires Schools to offer the same right of appeal from both parties in proceedings Title IX
  • gives Schools the flexibility to use technology to carry out investigations and hearings remotely Title IX
  • Protects students and teachers by prohibiting Schools use the Title IX in a way that deprives students and teachers of the rights guaranteed by the First Amendment

    Deputy Secretary Kenneth L. Marcus, Office for Civil rights (OCR) added, "the new Regulation of the Title IX is a game Change. It is established that Schools and universities should take seriously Sexual harassment at the time ensuring a fair process for all involved. Marks the end of the false dichotomy of either Protecting survivors, while ignoring due process or to Protect the accused, regardless of Sexual Misconduct. There is no reason why teachers can not Protect all students - and under this Regulation will be no excuses for not doing so. In a series of recent major cases of OCR Title IX, and in a large number of investigations in recent years, we have shown that we will require institutions under federal civil rights laws. This Regulation provides important new tools that will strengthen our ability to do so. "

    Today's action in Title IX is just one of many Devos substantial forms Secretary has moved to survivors write Protect Sexual Misconduct and all students.

    Under the leadership of the Secretariat, OCR has aggressively researched Schools without students Protect themselves from Sexual Misconduct and to bring them into compliance with the law. the Secretary has demanded radical reforms students to Protect, most notably at the University of the State of Michigan, Pennsylvania State University, the University of Southern California, and Chicago Public Schools.

    initiative recently launched by Secretary of Sexual assault in Schools K-12 improves compliance with Title IX of OCR in primary and secondary Schools and strengthens the responsibility of Schools to respond to incidents of Sexual Misconduct. This important initiative is also based on the lock jo of the Department to implement the provisions "passing the trash" of the Each student succeeds Act (ESSA), which prohibits managers from the school district primary and secondary move employees who Sexually abuse students from school to school .

    Over the past three years, OCR has closed a total of 172 cases of Sexual violence with Change, an increase of 375% over the previous eight years in the annual number of cases of Sexual violence close With the Change. views

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