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A2   UP FRONT
                        Friday 17 June 2022
            Continued from Front                                                                                                tracting students from their
            President  Joe  Biden  and                                                                                          classwork.  Income  dispari-
            other  critics  say  the  rules,                                                                                    ties often play out, with af-
            finalized  in  2020  by  then-                                                                                      fluent students able to pay
            Education  Secretary  Betsy                                                                                         for  attorneys  and  others
            DeVos,  fail  to  adequately                                                                                        represented only by them-
            protect  sexual  assault  vic-                                                                                      selves.  In  some  cases,  ac-
            tims,  deter  them  from  re-                                                                                       cusers  find  themselves  be-
            porting misconduct and go                                                                                           ing questioned about their
            too far in shielding the ac-                                                                                        sexual past.
            cused.  Biden  is  expected                                                                                         A process that already had
            to  announce  new  rules  as                                                                                        seemed  rough  became
            soon as this month.                                                                                                 overwhelming to Arango.
            In the meantime, many stu-                                                                                          "I just saw the words 'cross-
            dents  have  opted  out  en-                                                                                        examination'  and  freaked
            tirely,  never  reporting  the                                                                                      out,"  she  recalled.  "I  was
            abuse.  Or  they've  chosen                                                                                         like, 'I can't. I can't put my-
            to go an informal route, in                                                                                         self through that.'"
            which  the  accused  might                                                                                          As more complaints fall out-
            be asked not to take class-                                                                                         side its scope, experts have
            es  with  the  accuser,  or  to                                                                                     raised alarms that colleges
            switch schools — often with                                                                                         are  increasingly  judging
            no mark on their record.                                                                                            cases  in  parallel  campus
            Arango ultimately decided                                                                                           discipline systems that don't
            not to pursue her case, and                                                                                         guarantee  accusers  the
            nothing  happened  to  the                                                                                          same rights as Title IX.
            other student.                                                                                                      Justin Dillon, a Washington-
            "I  felt  like  my  identity  was                                                                                   based lawyer who has de-
            beginning  to  form,  and    Vice President Joe Biden, shouting "'no means no," speaks at a rape-awarness event at the Uni-  fended dozens of students
            then  it  was  completely    versity of Colorado, in Boulder, Colo., Friday, April 8, 2016.                         accused of sexual miscon-
            stripped  away,"  said  Aran-                                                                      Associated Press  duct,  called  the  cross-ex-
            go,  now  21  and  heading                                                                                          amination process created
            into her senior year. "Every-  students  on  27  campuses.  At  Michigan  State  Univer-  she  weighed  whether  to  under  DeVos  an  "unpar-
            one just saw me as this girl  Rates  were  nearly  as  high  sity,  the  number  of  Title  IX  pursue  a  Title  IX  investiga-  alleled  success,"  but  criti-
            that was lying about being  for students who are trans-   complaints  dropped  from  tion.  People  were  calling  cized  the  overall  handling
            sexually  assaulted.  And  I  gender,  nonbinary  or  oth-  more than 1,300 in 2019 to  her a liar, she said.       of sexual misconduct cases
            was spiraling really bad."   erwise  gender  noncon-      56  in  2021.  School  officials  Arango  asked  Title  IX  of-  under Title IX.
            The  Associated  Press  typi-  forming.                   say  the  drop  is  the  result  ficials  if  the  other  student  "It's just sort of created this
            cally  doesn't  identify  peo-  Only about one-third of the  of  narrowed  definitions  in  would  be  suspended  or  kind  of  sexual  police  state
            ple  who  say  they  have  female  accusers  reported  the 2020 regulations. Com-      sanctioned if she filed a for-  on  college  campuses  that
            been  sexually  assaulted,  what  happened,  accord-      plaints that fall outside the  mal complaint. The coordi-  I  think  goes  far  beyond
            but  Arango  allowed  her  ing to the survey. Doing so  scope  of  the  federal  rules  nator  told  her  the  process  making sure that men and
            name  to  be  used.  She  often  ends  badly,  accord-    now  go  through  a  similar  was  lengthy  and  that,  if  women  get  equal  access
            serves on a caucus of survi-  ing  to  Know  Your  IX,  an  but  separate  disciplinary  nothing else,  she  probably  to education," he said.
            vors for End Rape on Cam-    advocacy  group  that  has  system, officials said.       could get a no-contact or-   Students  are  filing  fewer
            pus,  a  national  advocacy  found  students  who  report  Arango's nightmare began  der.                           sexual  misconduct  cases
            group.                       abuse  often  leave  school,  in  August  2019,  when  she  She was skipping two class-  and the bulk of them — up-
            Sexual  assault  is  common-  at  least  temporarily,  and  blacked  out  after  playing  es to avoid the student and  ward of 90% — are now be-
            place on college campus-     are  threatened  with  defa-  a  drinking  game  with  her  his  friends,  on  track  to  re-  ing handled informally, said
            es. Thirteen percent of col-  mation lawsuits.            new fraternity friends.      ceive the first two Cs of her  Brett Sokolow, president of
            lege  students  overall  and  "The  current  process  is  not  She  recalls  waking  on  an  life  —  grades  that  could  the  Association  of  Title  IX
            nearly 26% of undergradu-    really working for anybody,"  air mattress, a male student  threaten  her  scholarship.  Administrators.  Sometimes
            ate  women  reported  non-   said  Emma  Grasso  Levine,  on top of her, although she  Then  there  was  the  isola-  the  accused  will  simply
            consensual sexual contact,  the manager of Know Your  had  given  no  consent  for  tion.  "The  thing  is,  no  one  agree  to  transfer  so  their
            according  to  a  2019  As-  IX.                          the  sex.  She  grabbed  her  is  talking  to  me  anymore,"  new  school  won't  know
            sociation  of  American  Uni-  At  some  universities,  the  belongings  and  headed  she realized.                 anything  happened,  he
            versities  survey  of  181,752  Trump  administration  rules  to class, acting like nothing  She  put  the  investigative  said.
             ARUBA                       have  been  followed  by  a  had happened.
                                                                                                   process  on  hold.  By  the  For  all  the  difficulties  col-
                                         decrease in the number of  She  kept  quiet  until  that  time  she  revisited  it  in  the  leges have had adjudicat-
                                         complaints  addressed  by  October,  when  she  told  a  spring,  the  pandemic  was  ing  sex  assault  cases,  Title
                     CLEAN               Title IX offices, according to  fraternity  friend  but  swore  slowing  everything  down.  IX  at  least  holds  them  ac-
                                                                                                                                countable  for  protecting
                                                                      him to secrecy.
                                                                                                   Then  DeVos'  new  regula-
                                         records provided to The As-
                                         sociated Press.              A  few  days  later,  she  re-  tions were announced.     the  rights  of  accusers  who
                                         At the University of Nevada,  ceived  an  email  from  the  "Byzantine"  is  the  word  at-  can  otherwise  sue,  said
                                         Las Vegas, 204 Title IX com-  Title  IX  office  saying  her  torney Russell Kornblith uses  Maha Ibrahim, a staff attor-
                                         plaints were logged in 2019,  name  had  been  included  to describe them. He is rep-  ney with Equal Rights Advo-
                                         but just 12 in 2021, records  in a sexual assault miscon-  resenting three Harvard Uni-  cates, a nonprofit that rep-
                                         show. The number of cases  duct report. Her friend had  versity graduate students in  resents survivors.
                                         that met the criteria for for-  shared  her  secret  with  the  a  lawsuit  alleging  that  the  "What  if  it  wasn't  there?
                                         mal  investigations  fell  from  fraternity's  president,  who  Ivy League school for years  Then what?" she said. "You
                                         27 to zero in the same pe-   was a resident adviser and  ignored  complaints  about  know,  college  campuses
                                         riod.  No  student  has  been  required to report it.     sexual harassment by a re-   are just a free for all, a very
                    IS MORE              found responsible for a Title  The  accused  student  soon  nowned professor.          dangerous place for wom-
                  DUSHI                  IX violation at the university  found  out.  His  fraternity  He said pursuing the cases  en and for queer folks. And
                                         since 2020.
                                                                      brothers  shunned  her  as  can  be  time  intensive,  dis-
                                                                                                                                then what?"q
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