IMPACT
Chicago is a nonprofit organization committed to ending violence and building a
non-violent world in which all people can live safely and with dignity. Thousands
of women and girls have taken self-defense with IMPACT Chicago. Within the past
30 years, we have offered programs at one time or another on almost every university
campus in Chicago and in many high schools and elementary schools (e.g. Chicago Waldorf School College of DuPage, Columbia
College, DePaul University, Dominican University, Evanston Township High
School, Francis Parker, Illinois Institute of Technology, Infinity Math,
Science, and Technology High School, JCFS Therapeutic Day School, Latin School,
University, Moraine Valley Community College, Northwestern University,
Northeastern Illinois University, North Park Elementary School, North Park
University, Northside College Prep, Roosevelt University, School of the Art
Institute, St. Ignatius College Prep, University of Chicago). Of the
participants in our programs 16 and older, 46% have experienced unwanted sexual
contact and 25% have experienced unwanted sexual intercourse, with 10%
identifying their experience as rape.
Based on our experience with college, high school, and middle
school students, we conclude that proposed changes in Title IX guidelines will
harm students. We have comments on three proposed changes.
1.
Definition of
harassment: “Unwelcome conduct on the basis of sex that is so severe, pervasive,
and objectively offensive that it effectively denies a person equal access to
the recipient’s education program or activity” or “Sexual assault, as defined
in 34 CFR 668.46.” 106.30
Federal Register
To focus
only on harassment and abuse that is “severe, pervasive, and objectively
offensive” is harmful. “Nip it in the bud” is an old saying but one that is
evidence-based. Research on effective management in schools indicates that
interrupting disruptive behaviors at lower levels is more effective than trying
to extinguish those behaviors once they have escalated (J.S. Kounin Discipline and Group Management in
Classrooms, 1970; J. E. Brophy and C. M. Evertson Learning from Teaching 1976; C. M. Evertson and C.S. Weinstein Handbook of Classroom Management: Research,
Practice, and Contemporary Issues 2013). Addressing inappropriate behavior
in its earliest stages is effective in redirecting behavior that if left
unattended could escalate into “severe, pervasive, and objectively offensive”
behaviors with far-reaching negative consequences for targets, perpetrators,
witnesses, and the school environment.
2.
Scope of an
investigation: “In addition, the proposed regulations only require
investigations in the event of sexual harassment within a recipient’s education
program or activity.” 4.C.
Cost Estimates, Federal Register
The
proposal to permit schools to limit investigations to that which occurs within education
programs or activities distorts the reality of students’ lives and educational
systems. Relationships among students
and between students, faculty, and administrators go beyond educational
programs and activities. A student who harasses another in a grocery store, in
a student’s off-campus home, or other places is using a relationship developed
within a school program, activity, or environment as the basis for the
harassment. The fear, anxiety, and abuse that can result from sexual harassment
outside of educational programs and activities affect students’ participation within
educational programs and activities.
3.
Hearing process
for higher education: “For institutions of higher education, the recipient’s
grievance procedure must provide for a live hearing. At the hearing, the
decision-maker must permit each party to ask the other party and any witnesses
all relevant questions and follow-up questions, including those challenging
credibility. Such cross-examination at a hearing must be conducted by the
party’s advisor of choice…”. Section
106.45 (B)(3) Investigations of a Formal Complaint
The
proposed changes presume false reporting is a major problem when research has
consistently demonstrated that it is between 2-10 percent (D.Lisak, L. Gardinier,
S.C. Nicksa, & A. M. Cote. 2010. “False allegations of sexual assault: An
analysis of ten years of reported cases.” Violence Against Women:
16). Cross-examination by representatives of that institution will have a
chilling effect on students, decrease reporting, and have negative effects on
those who have been targeted.
IMPACT
Chicago challenges the proposed changes:
·
The definition of harassment and abuse narrowly
focuses on the most egregious cases.
·
A narrow focus on harassment within educational
programs and activities ignores how relationships developed in educational
settings extend beyond educational systems.
·
A presumption that false allegations are rampart
instead of building a policy on existing research and prioritizing the
well-being of students who have experienced harassment or abuse.
Martha Thompson, IMPACT Chicago Lead Instructor
IMPACT Chicago Comment (approved by the IMPACT Chicago Board of Directors) on 66 FR6760 “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," submitted to Register.Gov on Sunday January 27, 2019. The official comment period has been extended to January 30. For background information and resources, check out "Add Your Voice: Proposed Title IX Changes and Sexual Harassment."
Martha Thompson, IMPACT Chicago Lead Instructor
IMPACT Chicago Comment (approved by the IMPACT Chicago Board of Directors) on 66 FR6760 “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," submitted to Register.Gov on Sunday January 27, 2019. The official comment period has been extended to January 30. For background information and resources, check out "Add Your Voice: Proposed Title IX Changes and Sexual Harassment."
