August 14, 2020

The pandemic has caused major disruptions to schools, yet rule changes to Title IX go into effect on August 14th, 2020. The new rule will severely degrade the federal law intended to protect against gender discrimination in education. The changes narrow the types of gender-based abuse schools are required to address and allow for inappropriate and intimidating investigation procedures—ultimately discouraging survivors of sexual and domestic violence from coming forward. Survivors’ academic opportunities will diminish while perpetrators will be empowered to continue abusing without consequence. Campus safety and students’ equal access to education will suffer.

We know first hand just how damaging these changes will be to young people. CAASE’s work to end sexual harm includes providing free legal representation to victims—like students with sexual misconduct complaints under Title IX. That’s why we’ve been advocating against the new rule for nearly 2 years with survivors and allies across the country. Now, we are a leading plaintiff in the National Women’s Law Center’s lawsuit challenging the rule change and asking for an injunction. The Department of Education’s action is illegal, as it reverses decades of federal guidance and targets survivors of sexual harassment. We are hopeful the court will act to protect students and preserve this fundamental civil rights law—as are the dozens of organizations and officials* who have filed briefs in support of our position. CAASE is especially grateful to the members of Congress from Illinois who have joined the Amicus brief supporting our lawsuit.

As we await the court’s decision, our commitment to young people remains steadfast. Our expert attorney on education matters, Christina Zuba, continues representing student survivors. She is also providing in-demand trainings to the community as people grapple with what the Title IX changes mean. There is a lot of confusion about how schools should conform to the new rule, not just because of the harm it will cause and the strain new policy implementation puts on schools already struggling to respond to the global pandemic, but because the rule conflicts with many state laws. 

The changes to Title IX push schools to implement harmful policies, but there is still room for them to do better than the minimum in order to create safer learning environments. Even amidst the pandemic, students are pressing for the best possible policies around gender-based discrimination and abuse. CAASE will be helping local students understand their rights in Illinois so they can better engage with their administrators on these issues. Students who want to help their schools enact better policies should check out resources from our national ally, Know Your IX.

We will continue to stand with student survivors and do this work until schools are safe places for everyone, regardless of their gender. 

News about Title IX will continue to evolve and CAASE is here to be your resource. Be sure to follow @theCAASE on Twitter, Facebook, and Instagram and subscribe to our newsletter to stay up to date on ways you can show students your support.

This piece was authored by Hayley Forrestal. Learn more about our staff here.

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*Organizations and Officials Who Filed Briefs In Support of the NWLC Lawsuit Against the Department of Education

SCHOOL BASED ORGANIZATIONS

AASA, The School Superintendents’ Association

The Council of the Great City Schools

The National Association of Secondary School Principals (“NASSP”)

The American Council on Education

The Accreditation Council for Pharmacy Education

American Association of Community Colleges

American Association of State Colleges and UniversitiesAmerican Association of University Professors

American Dental Education Association

American Indian Higher Education Consortium

Association of American Medical Colleges

Association of American Universities

Association of Catholic Colleges and Universities

Association of Governing Boards of Universities and Colleges

Association of Jesuit Colleges and Universities

Association of Public and Land-grant Universities

College and University Professional Association for Human Resources

Council for Advancement and Support of Education

Council of Independent Colleges

Middle States Commission on Higher Education

NASPA – Student Affairs Administrators in Higher Education

National Association of College and University Business Officers

National Association of Diversity Officers in Higher Education

National Association of Independent Colleges and Universities

National Collegiate Athletic Association

New England Commission of Higher Education

University Risk Management and Insurance Associationand 

WASC Senior College and University Commission

NATIONAL AND LOCAL NON-PROFITS CONCERNED WITH SOCIAL JUSTICE:

The Lawyers’ Committee for Civil Rights Under Law

The American Association forAccess, Equity and Diversity, 

American Association of University Women

American Federation of Teachers AFL-CIO

The American Humanist Association

Autistic Self Advocacy Network

The Education Law Center-PA 

GLSEN

Japanese Americans Citizens League

The Lambda Legal Defense and Education Fund, Inc.

The League of United Latin American Citizens

The National Alliance for Partnerships in Equity

The National Association of Councils on Developmental Disabilities

The National Center for Parent Leadership, Advocacy and

Community Empowerment

The National Center for Special Education in Charter Schools

The National Center for Transgender Equality

The National Council of Jewish Women

The National LGBTQ Task Force

The Southeast Asia Resource Action Center

The Feminist Majority Foundation

The Clearinghouse on Women’s Issues

California Women’s Law Center’s

AnitaB.org

Berkeley High School Stop Harassing

Clearinghouse on Women’s Issues

Community Legal Aid Southern California

Day One

End Rape On Campus

FreeFrom

Girls Inc.

Illinois Coalition Against Sexual Assault

Legal Aid at Work

Maryland Coalition Against Sexual Assault

North Carolina Coalition Against Sexual Assault

Rocky Mountain Victim Law Center

Victim Rights Law Center

Women’s Law Project

NATIONAL MEN’S ORGANIZATIONS

Promundo

American Men’s Studies Association

Connect, Inc.

Jana’s Campaign, Inc.

Men Stopping Violence

Men’s Story Project

Men And Masculinities Knowledge Community Of The Student Affairs Administrators In Higher Education

North American Men Engage Network

Ten Men – Rhode Island Coalition Against Domestic Violence

Vera House, Inc.

MEMBERS OF CONGRESS 

Jackie Speier 

Jerrold Nadler 

Zoe Lofgren 

Carolyn B. Maloney 

Adam Smith 

John Yarmuth 

Eliot L. Engel 

Ann McLane Kuster 

Ayanna Pressley 

Gwen Moore 

Susan A. Davis 

Elissa Slotkin 

Rosa DeLauro 

Katherine Clark 

Debbie Dingell 

Pramila Jayapal 

Theodore E. Deutch 

Jamie Raskin 

Lucille Roybal-Allard 

Mark Pocan  

Bonnie Watson Coleman 

Katie Porter 

Jan Schakowsky 

Nydia M. Velázquez 

Suzanne Bonamici 

Alcee L. Hastings 

Chellie Pingree 

Alma S. Adams, Ph.D. 

Jerry McNerney 

Peter Welch 

Earl Blumenauer 

Gerald E. Connolly 

Norma J. Torres 

Derek Kilmer 

Val B. Demings 

Julia Brownley 

Joseph P. Kennedy, III 

Steve Cohen 

Dina Titus 

Diana DeGette 

Bill Foster 

Mark DeSaulnier 

Jim Cooper 

Jennifer Wexton 

Betty McCollum 

Donald McEachin 

Darren Soto 

Kathy Castor 

Danny K. Davis 

Suzan K. DelBene 

Adriano Espaillat 

Frederica S. Wilson 

Judy Chu 

Stephen F. Lynch 

Ro Khanna 

Sharice L. Davids 

Jahana Hayes 

Andy Levin 

Joyce Beatty 

Susan Wild 

David Price 

Debbie Mucarsel-Powell 

Jason Crow 

Sean Casten 

Debbie Wasserman Schultz 

Mike Quigley 

Gilbert R.Cisneros, Jr. 

Lori Trahan 

José E. Serrano 

Tony Cárdenas 

Grace Meng 

Anna G. Eshoo 

Linda T. Sánchez 

LAW PROFESSORS

Samuel Bagenstos is the Frank G. Millard Professor of Law at University of Michigan Law School

Nicole Huberfeld is a Professor of Law at Boston University School of Law and a Professor of Health Law and Ethics & Human Rights at Boston University School of Public Health

Naomi Mann is a Clinical Associate Professor of Law at Boston University School of Law

Daniel Hemel is a Professor of Law and Ronald H. Coase Research Scholar at the University of Chicago Law School

Katharine K. Baker is the University Distinguished Professor of Law at the IIT Chicago-Kent College of Law

Jon Michaels is a Professor of Law at UCLA School of Law

Blake Emerson is an Assistant Professor of Law at UCLA School of Law

Deborah Brake is a Professor of Law and John E. Murray Faculty Scholar at the University of Pittsburgh School of Law

Nancy Cantalupo is an Associate Professor of Law at the California Western School of Law

Joanna L. Grossman is the inaugural Ellen K. Solender Endowed Chair in Women and the Law and a Professor of Law at the Southern Methodist University Dedman School of Law;

 Erin Buzuvis is an Associate Dean and Professor of Law at Western New England University School of Law

David S. Cohen is a Professor of Law at Drexel University Thomas R. Kline School of Law

Ann McGinley is the William S. Boyd Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas

Ruben Garcia is a Professor of Law at the William S. Boyd School of Law at the University of Nevada, Las Vegas

David Oppenheimer is a Clinical Professor of Law at the University of California, Berkeley School of Law

Jodi Short is the Associate Dean for Research and the Honorable Roger J. Traynor Chair and Professor of Law at the University of California, Hastings College of the Law

Jonathan Weinberg is the Associate Dean for Research & Faculty Development and a Professor of Law at the Wayne State University Law School

David A. Super is the Carmack Waterhouse Professor of Law and Economics at Georgetown University Law Center

Ian Ayres is the Deputy Dean and William K. Townsend Professor of Law at Yale Law School and a Professor at Yale’s School of Management

Michael J. Wishnie is a William O. Douglas Clinical Professor of Law and Counselor to the Dean at Yale Law School

Robert S. Chang is a Professor of Law and Executive Director of the Fred T. Korematsu Center for Law and Equality at the Seattle University School of Law

Hannah Brenner Johnson is the Vice Dean for Academic and Student Affairs and an Associate Professor of Law at the California Western School of Law

Michele Dauber is the Frederick I. Richman Professor of Law at Stanford Law School

Daniel Deacon is a Lecturer at the University of Michigan Law School

Sally Goldfarb is a Professor of Law at Rutgers Law School

Julie Goldscheid is a Professor of Law at the City University of New York School of Law

Victoria F. Nourse is the Ralph Whitworth Professor of Law at Georgetown University Law Center