Last week, 39 members of Congress from both sides of the aisle sent a letter to the Department of Education urging the department to issue a new Dear Colleague letter to improve transparency of campus data, investigations, and enforcement actions, and provide additional guidance for responding to same-sex violence and gender identity discrimination.
Specifically, the letter calls for:
- The department to be more transparent about its own investigations and enforcement actions against colleges and universities regarding campus sexual harassment and sexual assault.
- The creation of a centralized public database listing the department’s agreements with institutions of higher education regarding Title IX and Clery compliance. “Unfortunately, while many recent agreements are available online, not every agreement has been made available and many are not easily accessible because they are not hosted in a single place,” the letter claims. “It is currently difficult for students and parents to find the information they need to make informed decisions about the safety of the colleges and universities they plan to attend, including: (1) pending complaints filed with the Department of Education; (2) which colleges and universities are under investigation for violations of Title IX and the Clery Act; (3) safety statistics reported under the Clery Act; and (4) any previous resolution agreements with and fines issued to colleges and universities to resolve deficiencies under these Acts.”
- The collection of better data through school climate surveys and exit interviews. This proposal would require colleges and universities to conduct anonymous school climate surveys and exit interviews that would provide information to students and universities about the true scope of the problems on each campus.
- Better disclosure by colleges and universities of campus security statistics, enforcement actions and students’ rights under Title IX. “We believe the Department of Education should require colleges and universities to post records of past incidents and deficiencies on their own websites, alongside the information schools should already be providing about campus safety policies and Title IX coordinators,” the letter states.
- Guidance for schools responding to same-sex violence. “Additional guidance from the Department of Education to colleges and universities would help to ensure LGBT students’ access to education is not compromised by sexual harassment or sexual violence,” the letter claims. “Specifically, the Department should clarify that Title IX protects against harassment and other forms of discrimination based on sex stereotypes about appropriate romantic partners.”
- Guidance clarifying the coverage of gender identity under Title IX. “We encourage the Department of Education to issue guidance clarifying that Title IX requires schools to treat students consistent with their gender identity for all purposes,” the letter claims. “This includes ensuring access to all school programs, activities and facilities based on gender identity.”
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