Betsy Devos and Title IX
Betsy Devos, President Trump's Secretary of Education, in late September 2017 made the announcement that she was revoking the policies of the Obama Administration regarding sexual harassment on college campuses throughout the nation. These were interpretations by President Obama's Department of Education regarding Title IX of the Education Amendments Act of 1972, a law that prohibits sexual discrimination in any educational activity or program receiving federal funds. Obama officials made the determination, based on a long history of case law, that sexual harassment equaled sexual discrimination, if it creates a hostile environment that makes it impossible for women to enjoy the same kinds of educational activities and programs as men.
The specifics of this interpretation put forth by the Obama Administration meant in effect that aggressive efforts would be waged to stop sexual harassment on sexual campuses. The orders became a real cultural and political hot-button issue, however, when both Title IX administrators in Washington DC, as well as the law's enforcement apparatus on college campuses, made what many considered to be questionable determinations under the law. A college law professor, for example, was reprimanded for posing a final exam question in his torts class that involved an accident in a Brazilian bikini hot wax. This, the college's Title IX board ruled, created a hostile environment for female students in the class. Another, similar, case arose when a Title IX board on another campus formally reprimanded several fraternity members when they carved a "snow phallus" on a snowman.
As noted, these and several like examples led many to criticize the "overzealous enforcement" of Title IX by the Obama Administration. These critics were concerned about various First Amendment issues that seemed to arise under these kinds of cases, as well as the fact that, apparently, due process protections were not afforded in Title IX hearings to some defendants charged with sexual harassment. To top it all off, many were critical of the the fact that the Obama Department of Education did not issue formal notice to concerned interest groups prior to its interpretations of Title IX, a requirement that is at least legally required so as to give those parties opportunities to voice their opinion before an agency determination of this kind is made.
Secretary Devos' announcement came with an accompanying assurance that when she orders final, binding, new directives in this area they will come only after such a period of notice and comment. She also promised that due concern will be given to the due process and First Amendment-based objections noted above. Many observers believe that behind these public comments is an iron-clad assurance that the Obama-era strict and aggressive enforcement of sexual harassment claims on college campuses is a thing of the past. And this, of course, would be of little surprise given President Trump's apparent antipathy to all things Obama, and his willingness to reverse course in multiple other areas.
Regardless of the ultimate outcome of this agency decision under Secretary Devos it is clear that marked changes will be coming soon for administrators on college campuses regarding institutional obligations under Title IX. Those changes are just one more example of the profound transformations wrought by President Trump from previous Administrations in areas of domestic, social policy.
The specifics of this interpretation put forth by the Obama Administration meant in effect that aggressive efforts would be waged to stop sexual harassment on sexual campuses. The orders became a real cultural and political hot-button issue, however, when both Title IX administrators in Washington DC, as well as the law's enforcement apparatus on college campuses, made what many considered to be questionable determinations under the law. A college law professor, for example, was reprimanded for posing a final exam question in his torts class that involved an accident in a Brazilian bikini hot wax. This, the college's Title IX board ruled, created a hostile environment for female students in the class. Another, similar, case arose when a Title IX board on another campus formally reprimanded several fraternity members when they carved a "snow phallus" on a snowman.
As noted, these and several like examples led many to criticize the "overzealous enforcement" of Title IX by the Obama Administration. These critics were concerned about various First Amendment issues that seemed to arise under these kinds of cases, as well as the fact that, apparently, due process protections were not afforded in Title IX hearings to some defendants charged with sexual harassment. To top it all off, many were critical of the the fact that the Obama Department of Education did not issue formal notice to concerned interest groups prior to its interpretations of Title IX, a requirement that is at least legally required so as to give those parties opportunities to voice their opinion before an agency determination of this kind is made.
Secretary Devos' announcement came with an accompanying assurance that when she orders final, binding, new directives in this area they will come only after such a period of notice and comment. She also promised that due concern will be given to the due process and First Amendment-based objections noted above. Many observers believe that behind these public comments is an iron-clad assurance that the Obama-era strict and aggressive enforcement of sexual harassment claims on college campuses is a thing of the past. And this, of course, would be of little surprise given President Trump's apparent antipathy to all things Obama, and his willingness to reverse course in multiple other areas.
Regardless of the ultimate outcome of this agency decision under Secretary Devos it is clear that marked changes will be coming soon for administrators on college campuses regarding institutional obligations under Title IX. Those changes are just one more example of the profound transformations wrought by President Trump from previous Administrations in areas of domestic, social policy.
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