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Frankel Commemorates 45th Anniversary of Historic Title IX Legislation

WASHINGTON, DC – Today, Congresswoman Lois Frankel (FL-21), Chair of the Democratic Women’s Working Group, issued a statement commemorating the 45th anniversary of Title IX, landmark legislation that prohibits discrimination on the basis of sex in any federally funded education program or activity.

“Growing up in the 1960’s I watched my male classmates awarded sports scholarships to colleges and universities while young women were left behind. That changed with the passage of Title IX which improved women and girls’ participation and achievement in education nationwide. Title IX revolutionized women’s inclusion in sports, expanded women’s participation in science, technology, engineering, and math (STEM) education and has been used to make college campuses safer from sexual violence.”

A letter, signed by sixty seven Democrats and organized by the leadership of the Democratic Women’s Working Group, was sent to Secretary of Education Betsy DeVos urging her to dedicate the resources needed to fully realize the original intent behind Title IX—to eradicate discrimination in education on the basis of sex. Full text of the letter included below.

 

 

JUNE 23, 2017

The Honorable Betsy DeVos
Secretary
U.S. Department of Education
400 Maryland Avenue SW
Washington, D.C. 20301


Dear Secretary DeVos:

On June 23, 1972,  President Richard Nixon signed Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., into law, that prohibits discrimination on the basis of sex in any federally funded education program or activity. As we recognize its 45th anniversary, we write to you to highlight the accomplishments of this landmark legislation and to point out some concerns we have about potential barriers to its continued success.

Title IX has improved women and girls’ participation and achievement in education nationwide. It has revolutionized women’s inclusion in sports, which has been associated with greater leadership and economic opportunity for women later in life. It has expanded our innovative workforce by increasing women’s participation in science, technology, engineering, and math (STEM) education and provided protections for pregnant and parenting students to continue their education. Title IX resources have also required schools to eliminate sexual harassment or violence, prevent its recurrence, and address its effects, encouraging survivors to remain in school and succeed.

Regretfully, we have serious concerns that the gains over the past forty-five years are being threatened by actions under the current administration. These concerns include a potential decrease in funding for the Office of Civil Rights (OCR), the safety of students on college campuses, and the viewpoints and actions of your Acting Assistant Secretary for Civil Rights, Candice Jackson.

In his Fiscal Year 2018 budget, President Trump proposed to eliminate 46 full-time employees from OCR, which would greatly weaken your ability to enforce Title IX. This office received 16,720 Title IX complaints in FY 2016—more than twice the number filed in 2009—but remains staffed at half of the 1980s levels. The additional positions lost in the proposed budget would curtail the number of civil rights investigations and school visits when we should be working to foster safe, inclusive environments for students.

 

While Title IX has vastly improved girls’ and women’s educational attainment, continued enforcement is necessary to achieve full equality in school. Safety remains a significant concern, with 1 in 5 college women reporting experiencing sexual assault. In 2011, former Assistant Secretary for Civil Rights Russlynn Ali released a Dear Colleague letter that clarified the need for schools to prevent and address sexual violence as part of their Title IX responsibilities. Under former Assistant Secretary for Civil Rights Catherine Lhamon, OCR for the first time publically released the names of institutions with open Title IX sexual violence investigations, a step which holds schools accountable to their current students, as well as students and parents considering joining a campus community. We encourage this administration to continue to release this information in a manner that is accessible to the public.

In testimony before Congress, you have stated that “discrimination in any form is wrong,” but have yet to offer a clear plan on how you intend to handle Title IX enforcement, specifically refusing to state that you will preserve the 2011 sexual violence guidance for colleges and universities. Your failure to respond to a request under the Freedom of Information Act for records related to sexual harassment complaints further demonstrates a troubling lack of commitment to addressing the issue. As advocates and experts point out, the rise in sexual violence reporting is indicative of victims feeling safer and more supported, thanks to increased attention and resources. It is imperative that we continue this work.

Previous statements made by Acting Assistant Secretary Candice Jackson that “unwanted sexual advances are difficult to define” raise concerns about whether your office will continue to enforce Title IX protections. Jackson’s June 8th memo directing regional staff to limit the scope of civil rights investigations is also troubling. We believe a better position is to follow the precedent of the previous administration by requiring investigations to take context into consideration, allowing investigators to uncover potential patterns of discrimination and harassment, and improve universities’ policies and procedures. The June 8th directive, which requires staff to limit their investigations to the specific complaint, may speed up investigations on the surface, but in the long run it will undermine our ability to improve campus safety and eliminate the root causes of sexual violence. 

On the occasion of its 45th anniversary, we urge you to dedicate the resources needed to fully realize the original intent behind Title IX—to eradicate discrimination in education on the basis of sex. We hope that you will build on the work of previous administrations, providing the funding needed for full investigations and the enforcement needed to ensure every student is able to reach their full potential in a school free from violence and with equal opportunity.

Sincerely,

Lois Frankel

Brenda L. Lawrence

Jackie Speier

Linda T. Sánchez

Nita Lowey

Robert C. "Bobby" Scott

John Yarmuth

Elijah E. Cummings

Grace F. Napolitano

Joyce Beatty

Eleanor Holmes Norton

Hank Johnson

Barbara Lee

Colleen Hanabusa

Dwight Evans

Judy Chu

Donald Norcross

Marcy Kaptur

Suzan DelBene

Danny K. Davis

Steve Cohen

Nydia M. Velázquez

Donald M. Payne, Jr.

Jared Huffman

Debbie Wasserman Schultz

Adam Smith

Susan A. Davis

Sheila Jackson Lee

Alma S. Adams

Ann McLane Kuster

Carol Shea-Porter

Dina Titus

Sander Levin

Diana DeGette

Frederica S. Wilson

Bonnie Watson Coleman

Jamie Raskin

David Scott

Jan Schakowsky

Gwen S. Moore

Norma Torres

Joseph P. Kennedy, III

Cheri Bustos

Bill Foster

Suzanne Bonamici

John Lewis

Julia Brownley

Chellie Pingree

Betty McCollum

Val Demings

Pramila Jayapal

Katherine Clark

Tim Walz

Kathy Castor

Nanette Diaz Barragán

Charlie Crist

Carolyn B. Maloney

Marcia L. Fudge

Scott Peters

Zoe Lofgren

Al Lawson

Yvette D. Clarke

James P. McGovern 

Derek Kilmer

Jacky Rosen

 

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