The Trump Administration recently proposed new rules rolling back protections for victims of sexual assault and rape in favor of due process protections for the accused – and University of Wyoming President Laurie Nichols has strong words about that.
Title IX, part of the 1972 Educational Amendments, is federal law prohibiting sex-based discrimination in federally funded workplace and universities. Secretary of Education Betsy DeVos, who was appointed by President Trump, released a proposal for changes to Title IX in November.
Key changes that have sparked backlash from college administrators and victim rights advocates include the requirement to have separate advisors for the accused and the accuser and the right to cross-examine the accuser at a live hearing.
“It is our goal with this proposed rule to ensure that Title IX grievance proceedings become more transparent, consistent, and reliable in their processes and outcomes,” stated Elisabeth DeeDeVos, the 11th Secretary of Education for the U.S. “Far too many students have been forced to go to court to ensure their rights are protected because the Department has not set out legally binding rules that hold schools accountable for responding to allegations of sexual harassment in a supportive, fair manner.”
In November 2018, Nichols submitted comments from UW’s NO MORE Executive Committee to the Department of Education outlining how the proposed changes to Title IX would negatively affect the University and students who experience sexual assault or rape. Nichols also emailed students affirming her support for victims.
“As your president, I remain committed to supporting effective sexual assault response and prevention efforts to help create a safe and inclusive campus,” Nichols wrote.
In a letter submitted to the Department of Education, Nichols expressed concerns for how the potential changes to Title IX may also affect the University’s policy, specifically the costs of implementation, changes to the University’s jurisdiction and the negative effect the changes might have on reporting rates.
By requiring separate counsel for the accused and the accuser, the new policy would mean changes for the role of UW’s Title IX coordinator and hiring additional personnel, such as outside attorneys. The University’s budget does not allow for such additions currently.
The policy would also mean changes for the scope of UW’s investigative jurisdiction, preventing the University from investigating reports of sexual assault or harassment involving UW students that occur off University property or during study abroad.
UW’s sexual misconduct climate survey found 80 percent of sexual assaults experienced by UW students occurred off campus. Nichols also emphasized the importance of being capable of supporting students while studying abroad in order to graduate individuals capable of thriving in a “global market.”
Finally, the requirement for live hearings for all faculty, staff and student complaints would be a significant change from UW’s concern practices. The accused student’s representative would be able to question the victim in real time, a practice that has long been prevented in “rape shield” laws. Nichols warned that these potential changes could deter students from reporting sexual assault, rape or harassment.
“Please know that University of Wyoming has always and will continue to provide education, support and resources to all those affected by sexual misconduct,” Nichols wrote. “By following proper legal procedures and receiving input on our proposed rule, we will ultimately have a final regulation that ensures that Title IX protects all students.”
