U.S. Department of Education - Proposed Title IX Regulation

 ISSUE

Title IX is an important law for assuring equal access to education and an education system that is safe and non-threatening for all our citizens. 

Utilizing Title IX subject matter experts, the International Association of Campus Law Enforcement Administrators (IACLEA) provided comments on the U.S. Department of Education’s proposed Title IX regulation changes to the Federal Register on January 28, 2019. 

After reviewing the proposed Title IX regulation changes, IACLEA submitted an 11-page outline of the provisions that it agrees with and those that cause some concern. It can be found here: https://www.iaclea.org/title-ix.  

BACKGROUND

According to the US Department of Education (DoED), the proposed changes to Title IX issued in December 2018 are the first time that Title IX protections against sex discrimination (harassment and assault) have been codified in a regulation. Under the proposed regulation, sexual harassment includes harassment and assault.

The proposed regulation described three things:

• What constitutes sexual harassment under Title IX?
• What triggers a school’s legal obligation to respond to incidents or allegations?
• How a school must respond.

SOLUTION

IACLEA strongly supports due process rights. These rights should not come at the expense of any victim.   IACLEA believes that the proposed regulations could negatively impact reporting on possible Title IX cases and can lead to the needless re-traumatization of victims. 

The grievance process that calls for the respondent to receive information before being interviewed may compromise an investigation into the matter and may cause significant issues for the criminal investigation that may be occurring simultaneously.   This provision should be removed.

Furthermore, IACLEA is opposed to additional regulations on Institutions of Higher Education that will cause more burdensome reporting work, taking away from the real duties of Public Safety Officials and Administrators.  These types of regulations will negatively impact public safety on campuses and within the IACLEA community.  IACLEA asks Members of Congress to thoroughly review the US Department of Education’s proposed changes to Title IX and assess its future impact on Institutions of Higher Education. 

CONTACT

IACLEA’s full review of the proposed Title IX changes can be provided upon request.  For additional information, please contact IACLEA Director of Government & External Relations, Altmann Pannell, at apannell@iaclea.org or (202) 618-8118.

Photo Credit: © Mike Ritter