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New Title IX documents bring clarification, new rights for LGBT students

May 11, 2014

The U.S Department of Education released an extensive question-and-answer document two weeks ago

“For far too long, the incentives to prevent and respond to sexual violence have gone in the wrong direction at schools and on college campuses,” U.S. Secretary of Education Arne Duncan said in a statement. “As interpreted and enforced by the department, Title IX and other federal laws are changing these incentives to put an end to rape-permissive cultures and campus cultures that tolerate sexual assault.”

An Uncertain Change

Although the document titled “Questions and Answers on Title IX and Sexual Violence”

MSU Title IX Coordinator Paulette Granberry Russell 

MSU Spokesman Jason Cody said since the new guidance elaborates further on the “Dear Colleague” letter released by the U.S. Department of Education in 2011, careful comparison will be needed to ensure MSU is following all guidelines.

“MSU is reviewing the details of the FAQ as well as the recent White House Task Force report that provides additional recommendations,” Cody said in an email. “The university has consistently worked with its governance system and the Department of Education to ensure that its process for responding to sexual violence is consistent with ... guidance to institutions of higher education. We are not in a position yet as we undergo this review to determine if changes are necessary in our policy or procedures.”

Although MSU does not have a policy addressing undocumented student rights, MSU’s Anti-Discrimination Policy protects LGBT students, regardless of gender expression and identity. Since MSU LGBT students are already covered under the current policy, Granberry Russell said she doesn’t expect much adjustment regarding that policy.

“Our procedures and policy address sexual harassment on the basis of sexual orientation and acknowledge same-sex violence and assault,” Granberry Russell said. “It’s not simply male-to-female

MSU LBGT Resource Center Program Media Assistant Zoe Steinfield

But while MSU officials and the LBGT Resource Center wait to find out what the new guidance will mean for future handling of sexual harassment cases, MSU is still under investigation for three separate sexual harassment cases, dating back to 2010.

Under Investigation

MSU is not alone in being scrutinized by the U.S. Department of Education Office for Civil Rights. The office released a complete list of the 55 U.S. universities whose handling of sexual harassment claims are under investigation. Among them are MSU, University of Michigan, Harvard, Dartmouth, Princeton, and the University of California–Berkeley.

“This release is consistent with the department's commitment to improving communication with survivors, parents, school administrators, faculty and the public, and by making Title IX enforcement efforts much more transparent,” Chair of the White House Council on Women and Girls Valerie Jarrett said in a conference call with reporters.

“This report will provide a helpful roadmap for campuses and all of us to follow as we move towards a future free of sexual assault,” Jarrett said. “It’s an important step forward and we look forward to working with colleges.

"Because this challenge is one that is going to require everybody’s participation. Because it’s not just a matter of passing laws or assuring regulations, it’s a matter of changing a culture," she said. 

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