8th District Survivor Advocates, Slotkin, Highlight Impact of DeVos' Final Title IX Rule Changes

Press Release

Two Michigan survivor advocates, Amanda Thomashow and Tashmica Torok, joined U.S. Rep. Elissa Slotkin (MI-08) and a panel of lawmakers for a virtual roundtable to shed light on the impacts that Education Secretary Betsy DeVos' final Title IX rule will have on survivors of sexual assault and harassment.

Held on the day before the 48th anniversary of Title IX, Thomashow and Torok testified before members of the Democratic Women's Caucus and hundreds of online viewers that DeVos' rules would make it harder for survivors to come forward and make valid Title IX claims, most notably for survivors of Larry Nassar's abuse, children in K-12 schools facing harassment or abuse, and members of marginalized communities.

"I was so glad that two incredible survivor advocates from our district, Amanda Thomashow and Tashmica Torok, joined our discussion, and helped explain what Secretary DeVos's Title IX rules would mean for our community," Slotkin said. "From preventing survivors of Larry Nassar's abuse from coming forward with a valid Title IX claim, to putting Title IX protections even further out of reach for children in K-12 schools, these rules fail to live up to what survivors like Amanda and Tashmica are asking of us as leaders: to keep students safe, and make it easier for survivors to come forward, not harder."

Thomashow, who is the Executive Director of Survivor Strong and a member of Slotkin's Title IX District Advisory Board, was the first survivor to file a Title IX complaint against Larry Nassar. She said that her Title IX claim, which led to the investigation and eventual firing of Nassar, would not have been valid under DeVos' new rules.

"I had significantly more protections under previous guidelines," Thomashow said. "In fact, now, I would have never had a Title IX claim to begin with. My school launched an investigation into Larry Nassar because of my report in 2014. That same complaint would serve as a catalyst for change years later ---- but under this new rule, that catalyst would have never existed. This new rule would have excused MSU from any responsibility for the hundreds of young girls assaulted on their campus."

"This one really got me, because Betsy DeVos made these rules, and these new rules would have made it impossible for Michigan State University to be accountable for Amanda's case," Slotkin said during the event. "It's a very important part of the changes and makes them devastating, as far as I'm concerned."

Torok, founder of Michigan's Firecracker Foundation and also a member of Slotkin's Title IX District Advisory Board, is a survivor advocate who specializes in training parents, educators, and social workers in holistic healing for survivors and their families. Torok spoke on the impact of DeVos' new rule changes for children and marginalized communities.

"I have to also lift up that black girls will feel the impact of this far greater than their counterparts," Torok said. "LGTBQ youth will feel it far greater than any of their counterparts. We know that Indiginous girls, we know that pregnant and parenting teens, we know that teens with disabilities are going to be further marginalized by these rules."

Slotkin asked Torok about the type of training needed for young people, communities, and families as schools brace for these new changes to come into effect. Torok highlighted the importance of ensuring that communities understand what sexual violence is, what their rights are, where they can access resources, and how to ask questions and connect with local advocates. She also stressed the importance of ensuring students know who their Title IX coordinator is, something that she says can be difficult for students to identify.

The panel also included survivor advocates Chanel Miller, author of Know My Name; Sage Carson, Manager at Know Your IX; and Shiwali Patel, Director of Justice for Student Survivors at the National Women's Law Center.

"I'm really grateful to Representative Slotkin for pulling out a chair and inviting me to this conversation," Thomashow said. "Plain and simple, DeVos' rule would have seriously jeopardized my physical safety and my mental health."

Details on Sec. DeVos's Final Rule Changes to Title IX:

On Campus/Off Campus - Schools will be required to dismiss all complaints of sexual harassment that occur off campus, unless the incident occurs within a program or activity that the school exercised "substantial control" over.
Title IX Coordinator - Schools will not be required to investigate any report of sexual harassment unless it receives a "formal complaint" filed by the victim (or a parent/guardian) or signed by the Title IX coordinator, requesting an investigation. Under this proposed rule, Michigan State University would have had no responsibility to take action to stop Larry Nassar because survivors often reported sexual abuse to athletic personnel, staff, and others they trusted rather than individuals that meet a specific category of employee with "authority to institute corrective measures" or a Title IX coordinator.
Sufficient Harm - Schools would be required to ignore harassment until it becomes quite severe and harmful and denies a student educational opportunities. In other words, schools would be required to ignore the student's Title IX complaints if the harassment hasn't yet advanced to a point that it is actively harming a student's education, meaning many students would need to endure repeated and escalating levels of abuse without being able to ask their schools for help.
Current Student Status - Students will only be able to file a sexual harassment complaint with a school where they are still "participating in or attempting to participate in the education program or activity" when they file the complaint.
Allows Delays - The new rule drops the 60-day recommendation for finishing an investigation and allows schools to delay their own Title IX investigations for an unspecified period if there is an ongoing criminal investigation.
Cross-Examination - At an institution of higher ed, survivors and witnesses in sexual harassment investigations will be forced to submit to cross-examination "directly, orally, and in real time" by the respondent's "advisor of choice" if they want their statements to be considered as evidence by the school.
Mediation - Schools will be allowed to use mediation to resolve any sexual harassment complaint, including student-on-student sexual assault (but not employee-on-student sexual assault). Previously, schools were prohibited from using mediation to resolve sexual assault complaints, because mediation assumes both parties share responsibility for the assault and often requires direct interaction between the assailant and survivor, which can be retraumatizing.
Limits Accommodations - Schools will be prohibited from providing supportive measures that are "disciplinary," "punitive," or that "unreasonably burden" the other party. This could mean that schools will force victims to change their own classes and dorms to avoid their rapist or abuser, because changes to the respondent's schedule may be seen as unreasonably burdensome.

Source