In April 2020, Speech First, a national membership group of students, alumni, and others that defends free speech on campus, and the Independent Women’s Law Center sent a letter to Secretary of Education Betsy DeVos and Assistant Secretary for Civil Rights Kenneth Marcus. Title IX is a law that bans sex discrimination in schools that receive federal funds. The Department’s proposed Title IX rules would clarify how schools must handle sexual harassment claims.
Several U.S. senators and advocacy groups asked the Department to delay the rules because of the coronavirus. The letter urged the Department to reject that request:
- Schools have had plenty of notice. The draft rules came out in November 2018, so schools should already be preparing.
- Now is a good time. With classes online, schools have more time to revise their sexual misconduct policies before students return.
- Students can’t wait. Students caught up in Title IX cases deserve clarity now, and schools must stop using one-sided procedures that stack the deck against the accused.
The groups argued that the rules protect all students by requiring schools to take misconduct claims seriously and provide a fair process. As they put it, “Much of what the government does can be delayed during this time of crisis, but due process cannot be.”
Read the full letter below:
