#postbyxiana

[apscufku]

Teachers and students of the world unite!

APSCUF-KU has done much this year to conjoin the two in an effort to create a sense of solidarity. We are fighting the same battle here. Throughout my time at APSCUF-KU, it has been my goal to solidify that bond, and reach the student population in terms of getting us on track with the values we should hold. 

It was disheartening at first to see that so many students, including those that serve on the student government board, did not want to become more involved with pushing for policies that could improve the quality of life for the average PA student and citizen. And while I understand that we have our own initiatives while we are here, those in any leadership position should hold a great deal of empathy for the struggles of those around them.

I’m not solely addressing one or two groups of people. I’m addressing all of us. Students, you are in a leadership position. It takes a strong individual to want to change their current situation. The minute you sign that application, pay your first tuition bill, wake up at 6:30 for an 8 am class after staying up late studying the night before, you are a leader. Considering the financial climate and debt incurred by students in PA, you are taking on a lot. But now, with this status, make it work for you and everyone else, everyone else...

Stand with your teachers and realize that they have put themselves on the line much like you are doing now. They understand you more than you think.They are leaders who have put it all on the line to educate and create more leaders. The hero’s journey says that they couldn’t do it alone, neither can they, neither can you. 

I will say, I was pleased to see a great presence of students standing up for love in the eyes of hate when the Matthew 24 Ministres came on campus. It’s a step in the right direction and yes, it’s something to be proud of. Now take that same fervor and stand beside your professors, go to the Capitol and tell your congressmen and women why they should help make college more affordable, why teachers deserve a fair wage and benefits, and why you deserve a fighting chance.

 Good day Kutztown. 

~Xiana Fontno, APSCUF-KU Intern, PW 19′

[kupopmusicjournalism]

Song Review

Tancred reminded me of a 1990′s grunge band with a very out of place singer. Her vocals were good, but flat. The instrumentals were raspy and distorted as they should be with such a genre, but until the lead singer does more with her voice, Tancred is just another poppy punk band. Nothing special. 

Joji sounds like Daniel Caesar. He also sounds like Khalid who also sounds like Daniel Caesar. They’re like triplets except each one has a different instrumentation to their sound. Joji was like “Daniel Khalid” on LSD. I actually really enjoyed the harp, but the song was ruined when he screamed “Dancing in the daaaaarrrrrrk.” That just didn’t work and it took a lot away from the beauty of the song. It probably would have been better if Daniel Caesar or Khalid sang it. 

[apscufku]

The Student Body vs. Hate: How are colleges combating hate speech?

Photo courtesy of  Brittney Baldwin, The Keystone

The university has been visited by hundreds of speakers throughout the years, both good and bad. But regardless of who they are, we are made to share our space with anyone who has an opinion whether we find it right or wrong.

Just a few days ago, KU was visited by Matthew 24 Ministries, an extreme right-wing religious group led by Pastor Aden Rusfeldt. They stood in the center of North campus, condemning different groups of people to hell. Bystanders looked on and watched as Rusfeldt preached a rhetoric filled with hate and intolerance.

President Hawkins reportedly was on the scene according to Kaylee Lindenmuth, an editor for the Keystone Newspaper. In her article published in the Keystone, Hawkin’s had the following to say:

“Sadly, these groups make the rounds of all the college campuses, and, as a public university, we have to allow people on our campus to exercise their right of free speech, It in no way means we endorse anything that they’re saying. Often, what they’re saying goes against our values and the principles of who they are.”

This isn’t the first time Hawkins has had to address the presence of far right groups on campus. Numerous times, Hawkins has found himself sending an email out to faculty, staff, and students that echos the same message reported in the school newspaper.

It’s a public space. Anyone can come onto the lawn and shout what they want, when they want. It’s their first amendment right, and it has to be honored. After similar incidence, Hawkins received major backlash from students who accused him of not taking enough action against these speakers. In actuality, his hands are tied as well as the hands of thousands of other school administrators.

Around the country, college campuses are struggling to find the balance between freedom of speech and threatening rhetoric that always finds its way onto college campuses. With not much that can stop these speakers from coming, they’ve had to find other ways to combat the painful words and posters that ricochet, threatening the existence of students and faculty who are LGBTQ, immigrants, or heavily targeted races.

2 years ago, Matthew 24 Ministries came to KU. That same year, a Neo-nazi group, Identity Evropa posted recruitment posters around campus. This was enough to motivate students and faculty to take action. As a result, Dean of Students Donavan McCargo started the Bias Response Task Force. Their mission statement reads, “The purpose of the task force is to advise the president of the university on how to respond to bias incidents such as hate speech.”

On their website through the university, the organization thoroughly informs students on how to report instances of bias, as well as how to react to them. They also offer training to students, faculty, and staff on how to identify such a situation.

Other universities in the state system have also had to deal with hateful speech issues. Shippensburg University hosted a “Teach-In” in 2016 as a response to a student who had posted a racist post on social media. The Teach-In was conducted by the Department of Social work, according to an article published on Pennlive. It taught students and staff how to deal with racism, as well as showing support to students affected by the post.

Bloomsburg University has a whole week dedicated to educating their campus about hate speech. “No Hate Week” takes place in November. The goal of the event is to raise awareness of hate speech, as well as educate individuals about different cultures on campus. No Hate Week is filled with discussion panels, poetry readings, and guest speakers.

There are rights that protect everyone from prosecution for what they say. That applies to everyone, students, extremists, and anyone who lives in this country. While we can’t turn them away, we can shed light and empathy on the effects that hate speech has on our community, and agree to stand together to create a love bound community. That is the only way we can ban hate speech.

~APSCUF-KU Intern, Xiana Fontno

Works Consulted

https://www.pennlive.com/news/2016/10/shippensburg.html

https://www.kutztown.edu/about-ku/administrative-offices/dean-of-students/bias-response-task-force.htm

https://thekeystonenews.com/2019/04/17/religious-group-returns-to-stage-hate-filled-protest-on-north-campus-students-gather/

[apscufku]

Students and Faculty Rally at State Capitol for Affordable Education.

“Why not free college?” asked Senator Vincent Hughes to the crowd of enthusiastic youth standing behind him. Their presence said it all. They want affordable college and they want it now. On Wednesday morning, March 27th, state legislators, students, and faculty all gathered at the PA State Capitol to stand in support of the PA Promise bill.

From all across the state, The PASSHE schools and state related universities joined in solidarity to address the student debt problem that’s slowly gripping the state of Pennsylvania.

“Pennsylvania’s the worst state in the nation in terms of support for higher education. Students are graduating with $36,000 in student debt,” said Hughes

Currently, Pennsylvania is ranked 50th in the country for higher education according to The Pennsylvania Budget and Policy Center (PBPC) and by U.S. News and World Report in a study released early last year.

The PA Promise bill would cover the first 2 years of tuition and fees for recent high school graduates enrolling in one of the 14 state universities. Students with a family income of $110,000 or less could receive up to 4 years of tuition and fees covered.

The rally gave many a platform to voice their concerns about the rising cost of attending college. IUP student Catherine Zerfing took the podium to paint a very real picture of some of the struggles young people endure just to better their lives with an education.

“With the Pennsylvania Promise, we can reward hard work because we reward hard work on campuses across the state with a degree,” Zerfing said.

As a child, Zerfing was homeless and had only a few possessions of her own, one she cited as being Janet Jackson’s 1989 album Rhythm Nation 1814 which even today echos the plight of many dealing with obstacles due to race and poverty.

Zerfing had tried to pursue her dreams of going to college prior, but due to financial circumstances, had to turn away from it all together.

“I determined that hard work alone would not be enough to provide the financially secure future I yearned for,” she said. “I need more.”

Zerfing is now a mother and student at IUP pursuing her degree in chemistry. She hopes that her children will have the opportunity to go to college despite the financial woes gripping the state.

A Kutztown University student was next to take the stand. Vanessa Nonez is a special education major and daughter of a Haitian immigrant. She spoke about how higher education is far from being fair for the disabled and those who do not have the opportunity to afford higher education.

“We stress for the importance of advocating for our students to have the same resources and the same educational opportunities that their neurotypical peers get to experience in their learning,” said Nonez.

Nonez’s message also speaks for the adults struggling to return to college. Rep. James Roebuck, who was also present at the rally was previously critical of the state for 60% of jobs requiring higher education when only 40% of adults had education beyond high school.

“How we are supposed to give people jobs when less than half of adults have a college education in a market that is demanding of a higher education,” ask Roebuck.

The bill would cover tuition and fees for adults without a college degree. It would also help those who wish to pursue an apprenticeship for a in-demand skill according to the PBPC.

The rally was a success with Sen. Hughes giving students a lively send off. He encouraged them to speak to their representatives and senators. “Don’t be afraid to talk to legislators. You voted for them,” said Hughes.

The PA Capitol was alive that day. An aura of hope and motivation took everyone by storm. In addition, there is a bipartisan support for the bill which like the legislation itself, is promising. The amount of concern expressed by the legislators and humbling stories heard at the rally, are enough to remind everyone what we are fighting for.

[apscufku]

Rally for affordable college to be held in PA State Capitol

A rally for the PA Promise legislation will be held Wednesday, March 27th at 11 a.m.-12 p.m. in the Pennsylvania State Capitol. This event comes in light of the bill being reintroduced to state legislators at a press conference in January.

Pennsylvania currently has some of the highest student debt rates in the country. The per capita funding for higher education in Pennsylvania ranks 47th in the nation. The state is ranked 40th for the share of adults with an education beyond high school, according to data from State Senator Vincent Hughes Website.

The PA Promise aims to cover two years of tuition and fees for recent high school grads enrolled full-time at one of the 14 state public community colleges. It will also focus on cutting the cost for those who attend four year state and state-related universities.

Because of rising costs, more students are choosing not to enroll in college after high school graduation. “Pennsylvania Promise will open doors for students and keep students in school. It will help close the resources gap that has made a college degree such a huge hurdle for many low and middle-income students.” says Senator Hughes.

70% of students in Pennsylvania graduate with college debt according to the institute for College Access and Success. With numbers this high, it is clear that a solution must be created. The PA Promise may be just what we need.

Free bussing to the rally will be available for Kutztown students, staff, and faculty. If you are interested in attending, contact Sarra Guissé in the APSCUF-KU office: apscufku@kutztown.edu to reserve your spot.

Works consulted:

http://www.senatorhughes.com/pennsylvania-promise-free-affordable-education/

[apscufku]

PA Promise reintroduced at press conference in Pennsylvania State Capitol.

Representatives and senators from Pennsylvania met on Wednesday, January 30th, at the state capitol to reintroduce the PA Promise legislation. The event was held at 9:30 A.M  and consisted of several speakers including public officials, and representatives from universities in the state.

First to speak was Senator Vincent Hughes who represents the 7th district. Senator Hughes stated, “Pennsylvania college students need a new deal when it comes to college and affordability.” referencing the troubling financial climate that the Pennsylvania higher education system is facing.

Currently, Pennsylvania is ranked 47th in the country for support for college funding, and 50th in higher education due to the debt amounts. Since 2000, tuition and fees have seen a 50% increase. “There is $1.5 trillion in student debt nationally. This is unacceptable.” Says Senator Hughes

In the state of Pennsylvania, student loan debt is $1.3 trillion collectively. The average rate of student loan debt per student is currently $36,193. On top of these statistics, students are also facing living difficulties while trying to get their degrees.

Ken Mash, the APSCUF president, also spoke at the event. Mash pointed out that the cost of living for college students has increased 50% since 2000.“Some students are working 2 or 3 jobs, skipping sleep, and taking on crushing loans,” says Mash, “ Not every student can be a superhero.”

“56% of students at The Community College of Philadelphia are food insecure, and 19% are homeless.” says Senator Hughes. This lack of basic living amenities also extends to Temple University. 36% of students find themselves food insecure, 34% are housing insecure, and 7% are homeless.

Nathan Warren is an English education major at Millersville University. He works 18 hours a week, while balancing 5 classes. “I’m worrying every day if I can afford my way through graduation,” states Warren. “Even then, I’m surrounded by the reality that I will be in debt for life.”

In addition to work and school, Warren is also disabled. He experiences full body pains and a great deal of fatigue. Yet, he is expected to financially support himself by paying his rent to keep the heat on in his apartment, and make sure tuition is paid until he graduates.

Warren says that he is also a member of the Pennsylvania Student Power Network (PASPN) that runs statewide, centralized in Philadelphia. Recently, PASPN has brought much attention towards student loan debt and rising tuition costs.

“Students shouldn’t feel financially burdened by college.” says Patrick Barfield of Penn State University. “Parents shouldn’t have to take out a second mortgage to send their children to college.” which is becoming common practice during this financial climate.

Back in September, members of the organization stood ground at the office of Congressman Brian Fitzpatrick, where they demanded loan cancellation as well as affordable college. Pennsylvania currently has the highest student debt rates in the country.

The PA Promise would not only aim to make college more affordable, but it would also help adults go back to school, inmates get an education, and drastically reduce the amount of debt acquired at state-related colleges such as the University of Pittsburgh and Temple University.

Rural communities will see more educational opportunities. They will be able to attend community colleges that aren’t otherwise supported by the state. Students will be able to attend these community colleges with the same benefits as state recognized community colleges. The hopes of this is that the job market improves as well as the quality of life in these communities.

The bill will also fund trade skills and apprenticeships for students that choose to go the vocational route. It will award grants which could make these programs free for students. In turn, the job market could see a significant bump.

Representative James R. Roebuck asked how we are supposed to give people jobs when less than half of adults have a college education in a market that is demanding of a higher education? 60% of jobs in Pennsylvania require a higher education. Only 40% of adults in PA have education beyond high school.

Rep. Roebuck stated that the PA Promise was an “Opportunity for business” and that the state would be able to introduce highly skilled individuals to the workforce. “ The PA Promise is a step toward correcting Pennsylvania students’ enormous student debt.”

The PA Promise legislation is beginning to make waves once again. On March 27th, a rally will be held at the state capitol. Students, faculty, and staff from state related and state system schools are welcomed to attend to show their support for a groundbreaking bill that could change the pace of education forever.

Watch the Press conference video here

[apscufku]

Student loans are the global warming of education. We need affordable college and we need it now.

Pennsylvania has the highest rate of student debt in the country. It comes as no surprise that undergrad students are struggling to afford college more and more. Tuition is taking a major hike and people are starting to weigh an education with years and years of debt. Can you blame them? Loan suppliers like Sallie Mae and Wells Fargo are digging financial graves for those who depend on loans to get through college.

A lot of students will graduate with over $36,000 in student loans according to PA Penn Live. Collectively, students in the state of Pennsylvania have incurred $1.3 trillion in student loan debt. Community colleges were once affordable options. But now, students are going into debt just by attending for two years. Is transferring worth it? Some would say no.

Pennsylvania has been swaying back and forth with passing the PA Promise bill. On Wednesday, a conference was held in Harrisburg to reintroduce it.There are already states that have passed a Promise bill. As far as PA goes, Pittsburgh has its own version of the bill that seems to have benefited the major city greatly. Since the bill has been implemented, the Pittsburgh Promise has funded over $100 million in scholarship funds and has supported over 8,000 students. Not to mention, retention and graduation rates are up tremendously.

This bill has been sitting on the fence, going nowhere and helping no one. It’s needed. It’s talked about by a number of officials, yet, it’s just here. We know there is a problem and we’ve discussed it. But what now? Student debt is destroying the economy as well as putting universities out of business. As a result, higher education in itself has become a business in order to maintain stability.

We’ve reached an age where we see financial issues within an educational institution, and it becomes chatter, discussion, nothing more than something else to complain about. Just like the rising sea levels, there’s always concern and something that should be done, but can we get serious and get it done?

What about the long-term implications of student debt? Enrollment rates are already plummeting and have been since 2013. Employment isn’t going to fix itself and without a doubt, there are going to be bigger issues in rural areas.

This isn’t a matter of giving people a free pass. It’s whether or not we are willing to acknowledge a problem that has been blowing up right in front of our faces for years, slowly chipping away at our credit scores and inflating…well pretty much everything. But, taxes and Americans right? There has always been an overwhelming skepticism when the government wants to put its hands in the pockets of hard working people, especially when that money is going to be spent on other people.

Regardless, weighing this option is more important than letting the results sit for years. State schools are even becoming expensive, and students are leaving with a comparable amount of debt that some have when attending a private or state related school. The more fiscally responsible options are running out and students are deciding that higher education just isn’t worth it.

Can we look to officials to finally settle on a bill that will not only dig students out of a hole, but the Pennsylvania economy as well? It wasn’t a secret that the implementation of the PA Promise would require tax dollars. If administration can get past that, a solution can finally be established while examining how deep this issue truly goes.

https://www.pennlive.com/expo/news/erry-2018/08/70ea1af3eb3539/here-are-the-50-pa-colleges-wh.html

https://pittsburghpromise.org/about-us/

[apscufku]

Government Shutdown Likely to Affect Research and Grants for Higher Education

On December 22nd, 2018, the United States Government would enter the longest shutdown in history. Though the shutdown is only partial, it has already put thousands of people out of work, and left many without a salary. Some Americans have come back to work without pay, while others are seeking assistance for basic necessities.

National parks and museums are closed. Airport security workers are not being paid. According to the New York Times, workers have been calling out at record numbers as a sort of protest for not being compensated for their labor. Some government positions and institutions have fallen through the cracks during the shutdown.

In the mist of all of the turmoil, a new semester has started for millions of college students this month. Many are asking how the shutdown is affecting higher education. It could be suspected that student loans would somehow be affected, and those receiving financial aid may be at a loss.

However, the Education Department has already received funds for the 2019 fiscal year. A report from Inside Higher ED has indicated that the Education Department has an appropriation bill signed into law by congress so all funds, including Pell’s Grants, should not be affected.

While federal funds have been disbursed to numerous senate approved organizations, others are not so lucky and could see funds running dry. The most financially affected areas of education are projected to be research institutions and those that seek research grants in order to carry out their scholarly duties.

The National Science Foundation (NSF), which awards grants to research universities has furloughed staff and is currently not operating. A statement by the NSF has been issued on their website:

Due to a lapse in appropriations, NSF is closed. NSF will continue to accept proposals in accordance with published deadlines. Please continue to watch this site for changes to NSF’s operating status, reopening guidance for employees and, if necessary, general instructions for awardees.

 According to Inside Higher ED, the NSF will not be reviewing applications for grants which are reviewed by a board of agency officials. Funds that were disbursed prior to the shutdown can be used, but new funds and grants will not be issued.

Some schools are now facing implications as a result of the shutdown. Emory University receives a vast majority of their grants from the National Health Institute (NIH), Center for Disease Control (CDC), and the NSF. Though the NIH and CDC have bill appropriations signed into law, NSF does not. Emory will not receive further funds from NSF for scientific research.

“Current data indicates Emory has 106 active grants impacted by the shutdown,” says Deborah W. Bruner, who is the senior vice president for research at Emory. “Factoring in all of the agencies impacted by the shutdown, the average cost is $1.1 million per month.”

Other agencies affected by the shutdown also include the National Aeronautics and Space Administration (NASA), and the National Endowment for the Humanities (NEH), as reported by the American Council on Education. These organizations are responsible for thousands of research grants awarded to universities every year. Currently, more than half of the staff is out of work while only crucial employees are reporting for their duties without compensation.

While it is unclear how the government shutdown will affect higher education in the long run, it is already certain that science, technology, and other research heavy topics will be taking a financial beating until they can recuperate from the repercussions of the longest shutdown the US has ever seen.

~ Xiana Fontno, APSCUF-KU intern, PW 19’

 Works Consulted:

 https://www.insidehighered.com/news/2019/01/02/federal-shutdown-includes- agencies-are-key-supporters-university-research

  https://www.acenet.edu/news-room/Pages/As-Government-Shutdown-Continues-Broad-Outline-of-Higher-Education-Policy-Agenda-for-2019-Emerges.aspx

   https://www.chronicle.com/article/The-Government-Shutdown-Is/245466     

 http://www.news.emory.edu/stories/2019/01/er_government_partial_shutdown/campus.html

   http://www.bu.edu/today/2019/government-shutdown/

 https://www.uncf.org/the-latest/government-shutdown-does-not-affect-fed-student-aid

https://www.uncf.org/the-latest/government-shutdown-does-not-affect-fed-student-aid

[apscufku]

Title IX is Being Reformed. Was it Broken to Begin With?

In 1972, the 92nd United States Congress passed the Education Amendments of 1972, or Title IX. The law reads, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” To paraphrase, no person attending a federally aided educational institution or program shall be discriminated against due to their sex.

In 2011, the Obama Administration sent letters to 7,000 higher learning institutions. These are known as the “Dear Colleague” letters. The letters are divided into 19 pages and define, in part, what qualifies as sex discrimination. The U.S Education Department (ED) says that, “The letter is a significant guidance document,” and according to the Office of Civil Rights (OCR), they are meant to provide recipients with guidance in order to help meet their obligations.

Yet, schools have enforced the Title IX requirements as defined under the “Dear Colleague” letters. Most schools complied out of fear of losing Federal funding, which in an educational institution would be catastrophic. However, it’s not a piece of legislation, but expectations rather. The ED states, “This letter does not add requirements to applicable law”.

While Obama’s letters attempted to clarify what Title IX protected against, it did the opposite. Page two of the letter states “Sexual assault, sexual battery, and sexual coercion as qualifying acts. Further, the letters state, “All such acts of sexual violence are forms of sexual harassment covered under Title IX.” As of April 2015, Title IX does not explicitly cover these forms of sexual misconduct.

Without a clear layout of the law, much can be up to interpretation. If it’s as sensitive as it’s being told, then a simple smile from across the room can heighten suspicions causing witnesses to become the accuser as opposed to the victim coming forward. Title IX and the letters have established that everyone is obligated to report.

Emily Yoffe, contributing editor for The Atlantic states, “Most school employees were designated as mandatory reporters, responsible for alerting Title IX officials about possibly questionable sexual encounters, even if a supposed victim had no interest in reporting. This has resulted in students being labeled as perpetrators and punished even when no victim has come forward, or when the alleged victim strenuously objects to the adjudication.”

It is also being noted that Title IX under the Obama Administration is overstepping its boundaries. Shikha Dalmia, a writer for The Week says, “What’s more, this was a perversion of the true purpose of the title IX statute, which wasn’t to police sexual interactions between students, but to ensure non-discriminatory campuses where both genders have full and equal education opportunities.”

Title IX was supposed to assure that everyone was treated fairly regardless of their sex. Now, it has turned into an overparenting law. The flaws in the Obama-era Title IX highlight the echoes of the #MeToo period and what it means to feel uncomfortable in someone’s presence.

Instead, Obama’s “Dear Colleague” letters have caused confusion, more rape allegations, and a disbalance of justice for the accused. Robby Soave, a writer for Inside Sources says, “ The guidance also produced an endless stream of lawsuits from students-usually male, often athletes of color-who were accused of sexual misconduct and expelled from campus.”

Soave’s criticism of the current Title IX is reminiscent of the Duke Lacrosse case where three male student lacrosse players were falsely accused of rape by a female student. In 2007, all three boys were found innocent and their charges were dropped. However, this came after their coach was forced to resign, had their games suspended, and their season ultimately cancelled. North Carolina Attorney General Roy Cooper had dropped the charges. Cooper said the boys were “victims of a tragic rush to accuse.” The defendant faced no charges in the final proceedings and her claims were blamed on “weak memory”.

Secretary of Education, Betsy DeVos has plans to reform Title IX. According to the ED, DeVos’ proposed changes would edit the rulemaking process, provide greater clarity, control the amount of complaints, and make the determination of allegations as well as legal processes more fair.

Her plan would also use the Clergy Act definition of sexual assault. Under the Clergy Act in CFR 668.46(a), a sex crime could be rape, fondling, incest, and statutory rape.

The Clergy Act defines a sex offense as, “ Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/ her temporary or permanent mental or physical incapacity (or because of his/her youth). This offense includes the forcible rape of both males and females.”

This will also serve alongside what is already stated in Title IX. In addition to the qualifying sex crimes, the proposal also would monitor instances in which “A school employee is conditioning an educational benefit or service upon a person’s participation in unwelcome conduct (often called quid quo harassment).” According to the ED Title IX Regulation Fact Sheet.

The ED has laid out “due process protections” such as presumption of innocence, burden of proof on the school, live hearings, a prohibition of the single-investigator model, and an equal opportunity for parties to appeal. Since the Obama-era Title IX, it has been suggested that defendants are not given due process in such cases and that it has restricted their room to protect themselves.

According to Dalmia, “It lowered the evidentiary standard for conviction in sexual misbehavior cases from requiring ‘clear and convincing’ proof to one where a mere ‘preponderance of evidence’ would do. The current Title IX will take 51% of the evidence presented before making an allegation,” according to Dalmia.

The new Title IX gives the courts permission to cross-examine witnesses and victims. This would include having a live court victims and witnesses are  questioned by an attorney. This practice was not permitted under Title IX prior.

Soave mentions a University of California-Davis student who had to pay $12,000 to defend himself against an allegation of nonconsensual touching. He was an athlete and gave up his chance to play in the NFL. He was found not guilty, but the plaintiff later appealed the finding. he wasn’t notified and was charged again. He had lost the case.

“DeVos’ reforms will make these travesties of justice less likely,” says Soave. “For one thing, they require cross-examination, which means accused students will be better able to defend themselves.”

Soave claims that DeVos and the ED’s proposal is “contentious but necessary.” On the opposition, Toni Van Pelt, also a writer for inside source says “We don’t see you. We don’t hear you. We don’t believe you,” says Pelt, “ The rule will give new rights to the accused, reduce liability for schools, and tighten the definition of sexual harassment.”

While it can be understood that many feel as though the proposals resort to victim blaming, a lot of others are standing up for a contentious Education Department to ensure a more organized law that will not prosecute a defendant until they have received a fair trial.

sources:

https://www.ed.gov/news/press-releases/secretary-devos-proposed-title-ix-rule-provides-clarity-schools-support-survivors-and-due-process-rights-all

https://www.usf.edu/administrative-services/university-police/documents/clery-crime-definitions.pdf

https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

https://www2.ed.gov/about/offices/list/ocr/docs/proposed-title-ix-regulation-fact-sheet.pdf

https://www2.ed.gov/about/offices/list/ocr/docs/background-summary-proposed-ttle-ix-regulation.pdf

https://en.wikipedia.org/wiki/Duke_lacrosse_case#Crystal_Mangum