Student leaders at Syracuse University have recently expressed concern about the effect that proposed changes to Title IX could have on survivors of sexual assault, and said they plan to continue spreading awareness about on-campus resources.

The new regulations, which were announced by the United States Department of Education in mid-November, would give students accused of sexual assault additional protections. These changes limit the definition of sexual assault to “unwelcome conduct” that denies a person equal access to an educational program or activity. They also allow accusers to be cross-examined and give colleges the option to opt for an informal resolution, rather than a formal investigation, in cases of alleged sexual assault.

Lauren Crimmins, co-vice president of Students Advocating Sexual Safety and Empowerment at SU, said the proposal could make schools not liable in instances of sexual assault that do not occur on campus or during a school-sponsored event. This could discourage students from reporting sexual assault because they may not feel that they will be listened to or respected, she said.

Crimmins said she was angry, but not surprised at the proposed changes.

“It really is just another slap in the face,” she said.

Enacted in 1972, Title IX is a part of federal law that prohibits discrimination based on sex. All schools that receive federal funding are subject to the law. A public comment period for the proposal opened Thursday, giving the public 60 days — until the end of January — to voice their opinion on the bill.

At a Student Association meeting on Monday, SA Vice President Kyle Rosenblum introduced a resolution that urged SU to reiterate its support for survivors of sexual assault and relationship violence. He also outlined parts of the proposed guidelines that SA views as detrimental to college students and stated the organization’s commitment to being a resource for survivors.

Rosenblum and SA President Ghufran Salih said an updated version of the resolution will be presented Monday, and they expect it to be voted on then.

The ability of an accused person’s lawyer to cross-examine the accuser could be detrimental to the well-being of survivors of sexual assault and could also prevent them from disclosing, Rosenblum said. Many people already choose not to report incidences of sexual assault or harassment because of stigmas surrounding doing so, and survivors also don’t want to relive their trauma, he added.

Residence Hall Association President Lily Verbeck said the changes to Title IX would go against the organization’s mission of creating a safe space for survivors of sexual assault to come forward. Recent movements like #MeToo have helped students feel more comfortable doing so, she said.

“This is a step backwards because it’s creating a more hostile environment,” Verbeck said.

Arva Hassonjee, president of Oxfam at SU — an international relief and development organization on campus — said in an email the proposed guidelines are harmful and go against the intended purposes of Title IX offices.

Oxfam at SU offers self-defense workshops “in hopes of practically empowering students given the dangerous climate we live in,” Hassonjee said.

Secretary of Education Betsy Devos has called Title IX a “failed system” to balance the rights of accusers and the accused. In 2017, Devos rolled back former President Barack Obama-era additions to Title IX, including a guideline that required colleges to use the lowest standard of proof in an investigation. The newly proposed changes would allow colleges to instead choose the higher threshold of  “clear and convincing evidence,” rather than the lowest standard of proof.

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Domenic Biamonte, president of SU’s College Republicans, said in an email he believes “a process that grants some protections to the accused until proven guilty is necessary to reach a fair and consistent legal conclusion.”

A situation that puts a victim in distress should be avoided, but there should be a balance between the rights of the accused and the accuser, he added.

The proposed Title IX guidelines would have a negative effect on victims of sexual assault seeking justice, said Emma Peca, SU’s College Democrats communications director, in a statement. However, she said there is a silver lining: States can still pass additional guidelines regarding sexual assault on campus.

New York state Gov. Andrew Cuomo (D) signed “Enough is Enough” into law in 2015. The legislation established four requirements for universities to include in their sexual assault and resources policies, including a “Bill of Rights” for survivors and training requirements for administrators, staff and students. SU Chancellor Kent Syverud said in October 2017 that “Enough is Enough” negated the impact of the DOE’s 2017 rollback of the Obama-era guidelines.  

Two weeks ago, Syverud announced a review of the proposed changes by the Chancellor’s Task Force on Sexual and Relationship Violence, the Office of Equal Opportunity, Inclusion, and Resolution Services and the Office of the University Counsel.

The review is a good first step, but there should have been an additional email stating the university’s support for the rights of sexual assault victims, Rosenblum said. Verbeck said she wished the university had sent information about what the possible changes consist of directly to the students.

Crimmins said it will be important to see how the university reacts if a student reports a sexual assault that happened off campus or not during a school-sponsored event, as the university could choose not to conduct an investigation if the proposal becomes law.

If the new changes to Title IX are put into place, the Residence Hall Association will focus on ensuring students are educated on the new guidelines and the resources available on campus, Verbeck said.

All students need to know about Title IX and their rights, Crimmins said, “because unfortunately anyone can either be sexually assaulted or know someone who is.”

Published on December 3, 2018 at 8:03 am

Contact India: irmiragl@syr.edu