June 9, 2021
The U.S. Department of Education’s Office for Civil Rights (OCR) held virtual public hearings from June 7 – June 11, 2021 to collect testimony to revisit the regulations guiding the implementation of Title IX. President Joe Biden signed an executive order on March 8, 2021 addressing his administration’s commitment to educational environments free from discrimination based on sex discrimination, including sexual violence. The OCR is seeking feedback from the public, including educators, students, parents, and administrators on what changes need to be made to ensure Title IX protects all students’ access to education free from harassment and discrimination.
Elizabeth A. Armstrong spoke at the hearing on Monday, June 7. Drawing on URSA analysis of student sexual misconduct policies, she argued that the OCR has inappropriately narrowed the forms of formal sexual misconduct adjudication policies available to schools. She argued that an investigatory approach that hands off the report describing the results of the investigation to a different group to make the decision about responsibility can protect respondent due process rights while protecting the complainant from the re-traumatization involved in cross-examination. This approach offers a solution for schools that may not have the resources to staff and schedule live hearings.
Kamaria B. Porter, who gave her comments on Tuesday, June 8, drew from her dissertation research on barriers to reporting sexual assault experienced by Black women and non-binary survivors. She highlighted the ways that 2020 regulations harm and further silence Black women in particular. She argued the exclusion of off campus reports, lack of attention to supportive measures for survivors, and no comprehensive federal consent definition are particularly damaging for Black women and non-binary students. Kamaria insisted that off campus assaults be included, as predominantly white campuses leave little space for Black students to gather, pushing them off campus to find inclusive social life. She urged for robust mental health and academic resources for Black women and non-binary survivors, to ensure they can stay in school and can pursue their educational goals with strong, accessible institutional supports. Citing URSA’s analysis of sexual consent definitions, she pointed out that Black women more often attend schools without comprehensive consent definitions. She ended her comments saying all students, regardless of race or class, should be able to learn and be protected from sexual harm.
