Wisconsin joins Title IX rule lawsuit
Opponents say change will deter reporting
Gov. Tony Evers blocked proposed changes to how the University of Wisconsin System handles allegations of sex harassment Monday and announced the state would join 17 others in a lawsuit opposing the U.S. Department of Education’s changes to the federal Title IX policy on sexual harassment and assault.
Evers sent a letter Monday to UW System President Ray Cross, writing he is not approving the system’s scope statement on the proposed changes to policy because the statement doesn’t clearly describe what changes the Board of Regents are trying to make.
The statement also did not say whether the changes would strengthen or weaken the definition of sexual harassment, Evers wrote, which is important because the new federal rule issued under U.S. Department of Education Secretary Betsy DeVos limits what behaviors meet the federal definition.
The federal changes to Title IX have been scrutinized nationally because of how the education department redefines sexual harassment. The new rule increases the due-process rights of those who are accused of harassment. Critics say this could serve as a deterrent to complainants in a situation where under-reporting is already a major issue.
For example, the American Psychological Association issued a statement after the new federal rule was released saying it “lacks scientific grounding.”
“The American Psychological Association
is concerned that provisions in the final rule could lead to underreporting of sexual misconduct, revictimization and/or traumatization of all parties involved,” said Arthur Evans Jr., the association’s chief executive officer.
“These include narrowing the definition of sexual harassment to just the most extreme cases; limiting both the scope of reporting to incidents that occur within the academic program and the flexibility of the reporting process itself; and creating an adversarial system of resolving complaints similar to legal proceedings, with an option of a formal hearing or mediation.”
Evers wrote that he also disagrees with the UW System’s assessment that its changing the rule would have no economic effect.
“Restricted access to the Title IX complaint process will inevitably result in significant costs, not only to survivors’ physical and emotional wellbeing but also the resulting need for increased mental health care services,” Evers wrote.
UW System spokesman Mark Pitsch told the Journal Sentinel the system had received the governor’s letter and would review it, but the system had no immediate comment.
Colleges across the country are scrambling to overhaul Title IX processes in order to be in compliance with the new rule, which was released May 6 and must be implemented by Aug. 14.
The change proposed by the UW System was an emergency rule that would bring the system into compliance with the federal law until a permanent rule was created.
Title IX applies to all educational institutions that receive federal funding, including most public and private universities and colleges.