Student Senate passed a bill on March 6 that opposed changes made to Title IX by U.S. Secretary of Education Betsy Devos and her administration since it would require the university to ignore activity off-campus or not in school functions, such as online harassment. Other universities’ student governments are also taking action.
The new changes would narrow the definition of sexual harassment and make it harder to investigate perpetrators of sexual assault at colleges and in the K-12 education system, according to the Student Senate bill.
At Bowling Green State University, for example, Hannah Cubberley, the president of BGSU’s undergraduate student government, said her university decided to take action after realizing the changes do not benefit students but instead “limit the scope” of who can report sexual assault and how.
“We recognized that the university is more than just a learning environment, it is also a living and social community as well so making sure that Title IX represents that,” Cubberley said.
Cubberley said BGSU is taking a micro approach to the new changes in Title IX. The university is focused on how it will impact its students on and off campus.
BGSU is also trying to educate first-year students on various Title IX policies and sexual assault when they first arrive on campus. The university also informs students on what to do after a sexual assault happens.
At Ohio University, Student Senate Governmental Affairs Commissioner Jon Schlosser said Student Senate took that information in the bill that passed in March to Rep. Steve Stivers, Rep. Joyce Bate, Sen. Rob Portman and Sen. Sherrod Brown. Those officials are not required to respond, but they are required to catalog what is sent to them.
With the changes to Title IX, only on-campus assaults would need to be prosecuted by the university, Schlosser said.
The proposed regulations also do not mention online harassment in any of the documents. Sarah Dillinger, the governmental affairs vice-commissioner for civic engagement and environmental affairs, said it should be mentioned in the changes.
Dillinger said OU’s harassment policy includes written or electronic communication, or online harassment, in its policy.
Schlosser said he feels pretty confident that the Devos administration does not cares about sexual assault survivors.
“OU has a sexual assault problem. That is just a fact,” Schlosser said. “Being able to address it both on- and off-campus, from the Department of Education telling us that we can’t prosecute anything off-campus is really kind of terrifying.”
In the past, accommodations have been made for sexual assault reporters when they come forward. Whether that is removing the perpetrator from a class or residence hall, Dillinger said.
With the new changes, Dillinger believes the policy could shift to where survivors are the ones who have to be relocated or moved out of a class instead of the perpetrator.
“It would really pose a problem for the survivor,” Dillinger said. “I would presume that to be one of the major conflicts as well as it gives the university an out.”
The changes made would be at the national level, setting the minimum requirement for what OU has to follow. The university can make its policies stronger than what is required, but the new changes also give the administration an out, Schlosser said.
“A legal out for the university to not prosecute online harassment and off campus harassment,” Schlosser said. “I don't think Ohio University will. I think, in good faith, they understand that sexual assault is a problem, and they believe survivors.”
Schlosser said the changes could also affect other universities around the country. He said his biggest fear is that it will make it harder for survivors to be believed.
OU President Duane Nellis previously signed a letter with 400 other institutions that stated these changes are not good for students. Opposing the Title IX changes is just a part of the process and is not the only thing that will prevent sexual assault on campus, Schlosser said.
Schlosser said the next step would be for the student body write letters to Title IX, calling representatives and having more people reach out.
“Athens needs to be a leader in sexual assault prevention,” Schlosser said. “We need to be a leader in believing survivors. We need to change the narrative nationally and statewide.”