Anonymous Instagrammers Remind Us DeVos’ New Title IX Rules Haven’t Solved Campus Sexual Violence
Here’s What Will Actually Make a Difference
Last May, Education Secretary Besty DeVos announced changes to Title IX, a portion of the United States Education Amendments of 1972 which makes it illegal to discriminate against a person on the basis of sex in any federally funded program.
The new rules, which went into effect on August 14th, include proceedings similar to a criminal trial complete with cross-examination. They also narrow the definition of sexual harassment, limiting it to conduct that is “so severe, pervasive and objectively offensive” that it hinders a student’s education. Additionally, under the new guidelines, colleges will not have to investigate many incidents that take place off-campus, and they will only need to address those incidents that are reported through official channels.
Title IX old versus new rules
This is a big change from the rules that have been in place since 2011 when under the Obama Administration colleges were charged with taking measures to prevent and address sexual violence among students under penalty of losing federal funding. To comply, institutions across the country updated their policies. This typically included strengthening protections for survivors and expanding the definition of sexual harassment.
Since then conservatives have pushed back against Title IX with the claim that such policies deny those accused of sexual violence their due process. In response to such complaints, Education Secretary Betsy DeVos announced new rules last May, tweeting that the changes would “balance the scales of justice.”
However, what is very likely is that the new rules will actually tip the scales of justice in favor of the accused at the expense of the needs of survivors.
And what is certain is that even as colleges have adopted these rules, sexual violence has continued. Indeed, since schools started opening in August, more and more anonymous Instagram accounts alleging sexual assault on college campuses have emerged.
Certainly, the process of addressing Title IX complaints on some campuses has been far from perfect and there are many areas that could be addressed. However, the new rules will do little to actually make anyone safer. Experts in a range of fields agree that in reality, it will become even harder for survivors of sexual violence to come forward. Additionally, the changes will do nothing to address climates of sexual hostility on campuses.
What’s needed to protect survivors
So what could offer real protection for all students? There are a few things that we know to be effective. One is sex education long before and during college. Another is to tackle the climates that both sustain violence and also deny its existence.
One of the problems with the department’s new rules is that they are predicated on long-standing myths about false rape claims, and a misunderstanding of what actually constitutes sexual assault.
In reality, the number of people who lie about rape is minute; no greater than those who lie about being victims of any crime. According to multiple studies, the actual number of “false” rape claims (which include situations where charges are dropped or where police decide there is not enough evidence to proceed) is minute. Yet the new Title IX rules imagine a world where false accusations are rampant.
But what is rampant is sexual assault. This is something which 23% of women and over 5% of men, will experience in college. For transgender, genderqueer, or gender non-conforming students, numbers are particularly high. Yet, as it stands, it is estimated that only one in six survivors of sexual assault will report the incident to school authorities.
Sexual education works
Luckily, we know there are ways to actually make campuses safer. Indeed, a study from Columbia University’s Mailman School of Public Health, published in PLOS ONE, reported that receiving comprehensive sexuality education in high school can reduce the risk of sexual assault in college.
As someone who teaches those sex ed classes to teens, as well as human sexuality to college students, this is encouraging. It is also a call to action for classes that go beyond a ‘just say no’ message or are limited to lessons on puberty or HIV prevention.
Effective sex education deconstructs gendered messages, aspires to be trauma-informed, queer affirming, and anti-racist. This kind of sex ed explores what consent truly means, provides education on alcohol and other substances, and creates community expectations where students do not tolerate sexual hostility. Such an approach helps young people of all genders develop the skills to reduce sexual violence and challenge the climates where it flourishes.
Gender equality must be prioritized to reduce sexual violence
But it isn’t only about offering sex ed. We also need to explore the insidious underlying messages that support violence. Indeed as a report from the Californa Coalition Against Sexual Assault explains, “Norms that support gender inequities, hypermasculinity, an adherence to traditional gender roles, and a general acceptance of violence do not only perpetuate sexual violence but also breed homophobia and transphobia.”
Tackling these messages is crucial since many people have been socialized to write off things like sexist language, trans- and homophobia, and gender stereotypes as harmless. But doing so desensitizes us to intensifying abuse and condition us to dismiss increasingly dangerous and harmful behaviors as normal interpersonal interactions. And then when harm occurs, we often blame victims for provoking assaults instead of holding assailants accountable.
For example, on college campuses, it is common to have programs on alcohol education and safe partying. I fully support those, but studies have clearly demonstrated that it is toxic masculinity, more than alcohol, which leads to sexual assault. So it is crucial that schools put plans in place to address this issue as well.
For many students, college life is already looking a lot different this semester. What would be ideal is if one of those differences is also campuses where sexual violence was dealt with holistically and effectively. Sadly, the new Title IX rules are impeding this possibility, and when it comes to sexual violence unless schools take some very clear steps, what students are already encountering is clearly more of the same.
