The education secretary's proposed rules on treatment of sexual harassment and assault claims in school settings discriminate on the basis of sex.
This piece originally ran at The Washington Post.
In her proposed rules governing the treatment of sexual harassment and assault claims on college campuses and K-12 schools, Education Secretary Betsy DeVos has managed to achieve exactly what the law she is enforcing prohibits: discrimination on the basis of sex.
The Education Department is charged with enforcing Title IX of the Civil Rights Act, which bans sex discrimination in schools receiving federal funding, but DeVos’s proposed rules would create a systemic double standard: They treat claims of discrimination based on sex fundamentally differently from claims of discrimination based on race — also forbidden under federal law. The Education Department offers no justification whatsoever for the disparities, and while women are, of course, accustomed to such differential treatment, that’s exactly what Title IX was designed to eliminate.
What are these double standards? Let us count the ways.
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