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News & Press: Policy

COPAA Submits Comment on Title IX NPRM

Wednesday, January 30, 2019   (0 Comments)
Posted by: Denise Marshall


Today COPAA submitted comment to the U.S. Department of Education in response to the Notice of Proposed Rulemaking to amend regulations implementing Title IX of the Education Amendments of 1972 (Title IX).

COPAA underscored the documentation that exists showing that sexual harassment of children in schools is widespread. Sexual violence (including sexual harassment, homophobic namecalling, and unwanted sexual touching) is also increasingly being recognized as a public health concern among adolescents and the outcomes for those who suffer from sexual violence perpetration can be severe including: lower grades and missing classes; increased rates of risky behavior; depression; anxiety; and suicidality. The negative academic and mental health effects of sexual violence are well documented. Additionally, people with disabilities are victimized by crime at higher rates than the rest of the population, according to the National Crime Victimization Survey. We also know that there are students with disabilities who are improperly accused and mistreated in K-16 settings, including college Title IX hearings. These students due process rights are too often ignored, and they are also not treated equitably during the Title IX process.


COPAA tells ED:

  • Do not promulgate new regulations.
  • Do not promulgate regulations that minimize the impact of sexual harassment and victimization of students with disabilities.
  • Do not promulgate §106.30 – Definition of Sexual Harassment
  • Do not promulgate §106.45(b)(3) – the requirement that a school dismiss a complaint of sexual harassment if the alleged conduct does not meet this new definition, even if the conduct is proven to have occurred.
  • Do not promulgate § 106.44(a) which would require schools to respond to sexual harassment only if an employee has “actual knowledge” of the harassment.
  • Do not promulgate regulations, specifically §106.44(c), that does not consider the needs of students and employees with disabilities” who are parties in a Title IX complaint.

Read the full letter and rationale for above recommendations.

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