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

[Michelle Issadore <>]

Title: R3 - Communication 1

Dear Wendy and Valued Colleagues,

 

ATIXA is an ally for the points you have raised, but we also have an obligation to support our members’ needs to comply. Any public employee can be sued personally if they don’t comply, even when the law is a corrupt subversion of the entire purpose of Title IX. Our members may not all agree with the new rules, but they have families to support and can’t afford to protest and lose their jobs.

 

Wendy, we need you and your colleagues to sue to defeat the regulatory changes, and ATIXA will support those efforts as much as we can. ATIXA remains committed to inclusion and equity in educational programs on the basis of sex and gender. We were applauded when we helped to train our field on the 2011 rules, and we must now train on these new rules until you get them enjoined or defeated. That doesn’t mean we welcome them, but shooting the messenger isn’t productive, though I understand you just used our post as a rhetorical device to make your point. We categorically deny any intent or effort to train anyone to subjugate any person, though we agree the regs will have that effect.

 

Many of our trainings will be focused on exceeding the floor set by OCR to achieve exemplary programs, to the extent the OCR regs permit, or to create work-around opportunities. Simply, we believe these regulations will serve as significant disincentives to the reporting of sex and gender-based discrimination. 

 

Let us know how we can help. 

 

Commitment Before Compliance!

 

Best,

Michelle

 

 

Michelle Issadore, M.Ed.
Vice President, Association Management

phone (610) 993.0229 x1002 | fax (610) 993.0228

www.tngconsulting.com | www.atixa.org | www.nabita.org | www.viiaa.org

475 Allendale Rd, Suite 200 | King of Prussia, PA 19406

 

 

 

 

 

From: Wendy <>
Date: Wednesday, May 6, 2020 at 2:50 PM
To: Michelle Issadore <>
Cc: "" <>, "" <>, "" <>, "" <>
Subject: Re: [WRAC-L] ATIXA provides Regs Rapid Response Resource Center for new Title IX Regulations

 

Dear colleagues;

 

I am compelled to respond to ATIXA’s offer to teach schools how to apply the new regulations. 

 

Non organization should be offering to help any school discriminate against women, and subject them to different, worse, and INEQUITABLE treatment for the first time since 1972. If these were new Title VI regulations and they required you to have different and worse policies only for Jews, would you obey them?

 

Any respectable organization should be offering, for free, to teach schools and victims alike how to sue the DOE for blatant sex discrimination, and for exceeding its authority by issuing regulations that violate the Title IX statute.

 

Among the worst changes are: Removal of the longstanding mandatory regulatory requirement that victims of sex-based harm receive “equitable” redress and removal of the equally longstanding dual regulatory prohibitions against separate and different treatment ”based on sex.” These changes enable schools to apply more rigorous offense definitions and burdens of proof, though these changes also violate the Title IX statute and will not be upheld in court. (More on this point below)

 

Equitable redress and prohibitions against separate and different treatment

remain mandatory for all other protected class victims. Are you willing to participate in the subjugation of women?

 

Now is the time to stand UP for women’s fully EQUAL educational civil rights, guaranteed by Congress to ensure their EQUAL protection and EQUAL treatment in education, exactly on par with the civil rights afforded students based on race, disability, etc.

 

A federal agency can NOT issue regulations that subvert a federal statute.

In the hierarchy of laws, statutes trump regulations and no agency has the power to weaken a federal statute by issuing regulations, especially when the statute guarantees equal treatment and the regulations require UNequal treatment. DeVos (and schools that obey her unlawful regulations) can hardly expect a court to uphold what she has done. Imagine her claiming to a judge that a statute that forbids sex discrimination somehow empowers her to issue regulations that discriminate based on sex. 

 

I (among many others) have a lawsuit ready to go, against DeVos and any school that dares obey these outrageous regulations. Schools in states where the state constitution guarantees females equal protection of the law (state ERAs) are especially vulnerable to lawsuits if they use these new regulations. 

 

Rather than learning from ATIXA or anyone else how to participate in women’s subjugation by applying and enforcing these degrading and inhumane regulations, how about finding a way to fight back?

 

For almost 50 years women have enjoyed their hard-fought right to full equality in education. They won these rights the same year that Congress passed the Equal Rights Amendment and sent it to the states for ratification. In short, women were given full equality in the special venue of education while they waited for the states to affirm their right to equality everywhere else.

 

Please do not “learn” how to mistreat women; learn how to challenge these barbaric, sexist, deranged new regulations and demand that women continue to enjoy their rightful, EQUAL, seat at the civil rights table of justice.

 

Wendy Murphy

 

 

 

Sent from my iPhone

On May 6, 2020, at 1:40 PM, Michelle Issadore <> wrote:

 

Dear Colleagues,

Historic new Title IX Regulations have now been released – the first since 1975 – and ATIXA is here to help you address the extensive changes to policies, procedures, and practices that will soon be required.

ATIXA has created the 2020 Regs Rapid Response (R³) Resource Center to provide the resources and tools you need to become compliant. The R³ Resource Center offers ATIXA’s expert analysis of the Regulations, a suite of educational webinars, thought leadership, handy guides and checklists, and the professional development and consulting programs to help you understand and implement the complex new rules.

Public K-12 schools and districts and private and public colleges and universities must be compliant with the Final Rule as students return in the Fall. The August 14, 2020 compliance deadline is just around the corner, and extensions are not likely. You are going to face governance challenges, the need to reconcile inconsistent policies, political obstacles, the obligation to train or hire employees for new roles, and a lack of consensus over how best to balance compliance objectives with varying views of best practices from a myriad of stakeholder groups. More than anything, ATIXA can help you to frame and avoid the significant litigation risks that OCR has baked into the regulations.

For almost a decade, ATIXA has been the industry-leading professional association for 3,500 Title IX coordinators, investigators, and administrators who are striving to serve their schools, districts, and campuses more effectively while maintaining effective risk management programs. ATIXA brings campus and district administrators into professional collaboration to explore best practices, establish industry standards, share resources, empower the profession, and advance the worthy goal of gender equity in education.

ATIXA is pleased to offer a free webinar with our Partners on Monday, May 11, 2020 from Noon-1:00 p.m. ET, providing an initial overview of and response to the new Regulations. ATIXA members will be invited to a follow-up Q&A webinar, immediately following from 1:15-2:15 p.m. ET. Free registration is available here. Members will receive Q&A registration separately.

Please visit our 2020 R³ Resource Center to learn about how ATIXA can help. ATIXA is your first step toward accessing all the critical information you need to develop a compliant Title IX program. Join here.

Wishing you well,

Michelle Issadore, M.Ed.

www.tngconsulting.com | www.atixa.org

 

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