WHAT NEXT: HOW TO COMBAT CAMPUS SEXUAL VIOLENCE AMIDST AN ADMINISTRATION THAT WANTS TO LIMIT TITLE IX PROTECTIONS

By Jenna Miller

Title IX protections and procedures for survivors of sexual violence at their universities are under attack. From Trump’s 2020 Title IX changes to the implication of the reimplementation of those changes today, survivors of sexual misconduct are facing significantly more obstacles in receiving justice, however they define it. We have allowed survivors autonomy, safety, and dignity to be placed in political contention. 

Growing up, I would have never imagined a world in which something as essential as sexual assault survivor resources at college campuses would become a hot-button issue, and yet here we are. It would have seemed impossible that student survivors of sexual misconduct have fallen victim to the onslaught of departmental defunding. Yet, in 2020, the Trump Administration dramatically altered the Title IX protections that regulate how universities address instances of sexual violence. The focus of Trump’s changes centered around the distorted notion that current due process regulations needed to be stronger for the accused. However, accomplishing this in the way Trump envisioned positions survivors with further barriers to seeking justice. 

These changes included mandating live hearings where the accused students' legal counsel can cross-examine the survivor. Now, survivors can be forced to sit in proceedings across from their abuser, enduring traumatizing questioning, which was a procedure reserved for criminal proceedings. Additionally, the definition of sexual harassment was narrowed to allow schools to reduce the cases they must address. Instead of Title IX guidance relying on conduct being either severe or persuasive, the definition now reads as unwelcome conduct that must meet the standard of "severe, pervasive, and objectively offensive that it effectively denies a person equal access" to educational opportunities. But can offensiveness really be objective? This higher standard for defining an act of sexual misconduct as sexual harassment limits the obligations of schools to investigate the claim under Title IX. 

Student survivors of sexual violence are now faced with a new reality: The Trump administration came back into power in 2024, and the Title IX of 2020 was resurrected. Consequently, the Department of Education instructed all colleges and universities to revert to the 2020 Title IX. This political upheaval has left thousands of survivors across the nation without adequate support, and they are wondering, “What can we do?”

It is essential that we enshrine these rights and resources in our state legislatures. This is exactly what the Every Voice Coalition has already accomplished in 11 states, and is continuing to pursue so that all survivors can feel safe and supported at their institutions. What the Every Voice Bill advocates for is five core provisions that will be life-changing for survivors of sexual assault. They help to guide survivors towards resources without the pressure to file a report, provide more training for sexual violence prevention, and create and uphold safe spaces for survivors to seek physical and mental care following an assault. 

One main provision of the EVC Bill is the creation of Confidential Resource Advisors (CRAs) located on campus who are equipped to guide survivors through their options. These advisors will be trauma-informed and can walk survivors through their options, resources, and provide support. They allow the power to remain in the hands of the survivor after their power was taken from them. Their aid to survivors can look like coordinating care with a local rape crisis center for free care under the schools and crisis centers memorandum of understanding, counseling services offered by the university, outlining safety options in terms of class and housing changes, and support if the survivor does decide to report to Title IX by explaining the process and steps.

Another provision of the bill is the administration of campus climate surveys biennially. A task force will create a base survey of campus safety-related questions, which can be amended by each university to add campus specificity. These optional and confidential surveys enable students and student survivors to express their concerns about personal safety and campus resource availability that directly affect them. The goal of these surveys is to provide a confidential outlet to gauge student safety on campus and to obtain more accurate information regarding instances of sexual violence. 

This bill also advocates for amnesty for anyone who reports an instance of sexual violence. This means that no student can be prosecuted for any violation of a school conduct code or underage drug use when they come forward with a story of sexual violence. It also creates more extensive training around sexual violence prevention and the resources available if it does. 

EVC believes that with these protections for student survivors enshrined in our state laws, we can combat the regression of Title IX by the federal administration. Regardless of the political party elected to the white house, survivors deserve justice, autonomy, and support. Their voices matter, their futures matter, and EVC will continue to fight for survivor justice so that no survivor feels alone in their path to recovery.