Kuster, Moore lead letter urging President-Elect Biden to protect students and realign Title IX with the Clery Act
U.S. Rep Annie Kuster
WASHINGTON – Reps. Annie Kuster (NH-02) and Gwen Moore (WI-04) led 15 colleagues in sending a letter to the Office of the President-Elect urging the incoming administration to give consideration to the Clery Act as they plan to repair the damage done to Title IX by the Trump Administration’s rule published earlier this year. That rule, championed by President Trump and Education Secretary DeVos, altered the internal investigation and disciplinary process for sexual violence and misconduct occurring within school communities and campuses. Many subject matter experts and advocates have made clear the effect of the rule will be to chill reporting and further sweep campus sexual violence under the rug.
As the Biden Administration considers measures to repair and strengthen Title IX of the Education Amendments of 1972, this letter seeks to highlight how the Trump rule brings Title IX into conflict with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The rule does so by freeing institutions of their Title IX obligations unless the complainant reports an incident to an “official with authority to institute corrective measures,” limiting schools to activating their Title IX response only if the report involves students within the United States and on campus, and potentially limiting the choice of advisor for students involved in Title IX cases. It is imperative that the Clery Act and Title IX be harmonized in order for schools to properly adjudicate sexual violence claims.
“I applaud the commitment of President-Elect Biden and Vice President-Elect Harris to correct and strengthen Title IX,” said Kuster. “Protecting all students from sexual violence is a critical component of Title IX’s nearly half-century mandate to eradicate discrimination on the basis of sex within our education systems, and the Trump Administration’s rule has taken us backwards. As the new administration considers next steps, I believe the standards set by the Clery Act are critical guideposts. I am excited to work with the Biden-Harris team to ensure school communities are safe.”
“President-elect Biden and Vice President-elect Harris’s commitment to protecting students will move our country forward towards rebuilding Title IX,” said Moore. “The Trump administration’s Title IX rule left students who experienced sexual violence vulnerable and halted needed progress. Ensuring that Title IX works in sync with the Clery Act sets a strong standard that will safeguard the tenets of legislation aimed at fighting sex discrimination in school settings. I look forward to collaborating with the Biden administration to build upon their commitments.”
“The goals of the Clery Act and Title IX can only be achieved when accusations of violence are adjudicated in a fair and transparent way, and when data concerning the prevalence of these incidents is reported and made accessible to the school community,” the Members wrote in the letter. “Unfortunately, the Trump Administration’s rule sets up several conflicts between these laws that will ultimately require correction in order for schools to successfully meet their obligations to protect students.”
They continued, “We believe the standards set by the Clery Act can be an important guide to your Administration as you take steps to improve and strengthen Title IX. One in five women and one in sixteen men experience sexual violence during their college years, but it remains the most underreported crime on our campuses. We appreciate your attention to this matter as you prepare to assume the presidency, and we stand ready to work with your administration to address these challenges.”
Last year, Rep. Kuster joined colleagues to introduce legislation that would have prohibited Secretary DeVos from implementing the Trump’s Administration Title IX rule. Rep. Kuster is a founder and co-chair of the Bipartisan Task Force to End Sexual Violence. Rep. Moore is a founder and co-chair of the Bipartisan Working Group to End Domestic Violence. They were joined on today’s letter by: André D. Carson (IN-07), Steve Cohen (TN-09), Val B. Demings (FL-10), Debbie Dingell (MI-12), Lois Frankel (FL-21), Sylvia R. Garcia (TX-29), Jahana Hayes (CT-05), Eddie Bernice Johnson (TX-30), Ro Khanna (CA-17), Carolyn B. Maloney (NY-12), Katie Porter (CA-45), Lucille Roybal-Allard (CA-40), and Peter Welch (VT-AL).