CSCU president submits concerns on proposed Title IX changes
The president of Connecticut State Colleges and Universities, the system that includes Three Rivers Community College and 16 other institutions in the state, on Tuesday sent a letter to U.S. Secretary of Education Betsy DeVos expressing concerns with her proposed changes to Title IX regulations.
Title IX is a 1972 law meant to protect people from sex-based discrimination at educational institutions that receive federal funding.
The U.S. Department of Education in November released proposed changes, which includes a definition of sexual harassment, requires cross-examination and allows for a higher standard of evidence in determining responsibility.
"Victims of sexual misconduct deserve to be taken seriously and to have their complaints investigated and adjudicated in a timely and professional manner," CSCU President Mark Ojakian wrote. "I hope the Department will take into consideration comments from the many institutions of higher education across the country that have raised significant concerns, and that the proposal will be amended accordingly."
He is concerned that narrowing the definition of sexual harassment "may limit the cases in which institutions could respond meaningfully" and that shifting the burden of proof is "problematic."
Connecticut would not be affected by the latter change, as the lower standard of evidence already is codified in state law.
Ojakian is opposed to allowing an attorney to serve as adviser, arguing that "allowing attorneys to cross examine will likely have a chilling effect on complainants and will potentially decrease the number of reports of sexual violence received at colleges and universities."
He also questioned what responsibility colleges have to guarantee a level playing field in the event that one party can afford an attorney and the other cannot.
Ojakian also expressed concern about the timing of a "final determination," the lack of clarity on how faculty and staff matters will be handled, and the removal of deadlines.
The deadline to submit a comment on the proposed rule is the end of the day Wednesday. As of Tuesday afternoon, nearly 90,000 comments had been received.
Comment threads are monitored for 48 hours after publication and then closed.
