Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

[Nancy Cantalupo <>]

The direct link to the case is at: http://title9.us/wp-content/uploads/Doe-v.-DOE-Memorandum-Opinion.pdf.

 

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From: [] on behalf of Brett Sokolow []
Sent: Saturday, March 28, 2015 7:23 PM
To:
Cc: LB Klein; ; ; ; ;
Subject: Re: [WRAC-L] federal court stifles the SaVE Act

I encourage all members of these lists to read the case for themselves. http://title9.us/victory-court-rules-the-campus-save-act-has-no-effect-on-title-ix/

Wendy makes some compelling arguments in her summary of the case, but we should also note the wider context in which the case dismisses claims that VAWA section 304 is unconstitutional, and asserts that the complaint asserts erroneous interpretations of VAWA Section 304.  As we knew before the suit was filed, Title IX and VAWA 304 apply two sets of standards. Wendy asks why VAWA 304 is needed at all, and there are several reasons why, in my opinion.  First, the rights to an advisor guaranteed now throughout the resolution process are not found in Title IX. This is a vital provision for those of us pushing to broaden access to victim advocates on college campuses. Similarly, OCR has not made clear in Guidance that the standards now applicable in VAWA Section 304 to stalking and IPV are also applicable under Title IX.  They are, but VAWA makes it clear.  We need that.  Further, VAWA Section 304 requires a victim’s rights/resources publication that Title IX does not. I could go on, but most of you know already that these are parallel, but not identical statutes. Finally, since the SaVE Act has been incorporated into the Clery Act (VAWA Section 304 does not stand alone), it is part of the Title IV spending clause authority of Congress. Campuses can opt out. Only a couple do. The rest choose to comply, and frankly, no one on campuses is fighting it right now that I know of. Only Wendy is. The rest of us are busy complying or prepping to meet the July 2015 enforcement deadline.

Regards, 

Brett Sokolow

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