ACLU sues Education Department over new Title IX rules
The American Civil Liberties Union has sued the U.S. Department of Education in an effort to block provisions of the ’s new Title IX rule regarding sexual harassment and assaults of students.
The ACLU argues in a news release that the Education Department rule subjects reports of sexual harassment to a different and more skeptical review than reports of harassment based on race, national origin, or disability — creating a second-class standard for reports of sexual harassment and assault.
The department itself anticipates that as a result of rule change, four-year institutions will investigate 32% fewer reports of sexual harassment and assault.
The suit was filed on behalf of plaintiffs Know Your IX, the Council of Parent Attorneys and Advocates, Girls for Gender Equity, and Stop Sexual Assault in Schools — all organizations dedicated to helping students who experience sexual harassment and assault continue their education.
The plaintiffs are challenging provisions in the regulations that:
- Redefine sexual harassment to exclude conduct that until now was included in the department’s definition and that would be recognized as harassment if based on race, national origin, or disability;
- Direct schools to ignore many Title IX reports of sexual harassment and assault that occur off campus or during study abroad, including in students’ homes;
- Require college and university students to report sexual harassment or assault to the “right” official or their complaints do not have to be even investigated; and
- Allow — and, in some cases, require — schools to use a higher standard of proof for reports of sexual harassment and assault than is required for other harassment proceedings.
The U.S. Department of Education released the final rule earlier this month.
