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Hi John,
I’m Shiwali, one of the attorneys suing Betsy DeVos over her proposed Title IX rule—a rule that would make it harder for students facing sexual assault on campus to get the justice they deserve.
We recently finished oral arguments, and I wanted to update you on where we go from here, and why this fight—and your support—is so critical.
You can help the National Women’s Law Center fight unfair rules like this one in court with a donation right now>> [[link removed]]
Here’s the background: earlier this year, DeVos’ Department of Education finalized a new rule that weakened protections against sexual harassment in schools. Her explicit goal was to “reduce” the number of sexual harassment investigations in schools. To be clear, she’s not aiming to reduce actual instances of harassment and sexual violence on campuses—just the number of investigations into these offenses.
From where we sit, it’s clear that Secretary DeVos thinks most students, especially women and girls, tend to lie about rape. And that’s why she’s forcing schools to ignore students if they were, for example, assaulted in the “wrong” place, haven’t suffered enough by her standard, or because they had to transfer or drop out before they could file a complaint.
The rule also makes it harder for students to prove sexual assault than physical assault. For example, one of our plaintiffs, Mary Doe, got a police report and a rape kit, which DeVos’ rule will not allow her school to consider in its investigation unless Mary Doe can get the police officer and the nurse who wrote those reports to agree to be cross-examined by her rapist’s advisor. This is not required for any other type of harassment or assault in our schools or in the court system.
Betsy DeVos wants to silence student survivors. We’re fighting back.
Supporters like you fuel important lawsuits like this every day. Help us make sure we can keep showing up in court, in Congress, in our communities, and for all who need it with a gift now>> [[link removed]]
I want to thank you, John, and everyone in this incredible community for the support our plaintiffs and legal team have received throughout this process. While we wait for the judge to rule in our case, it’s been so heartening to see constant reminders that you’re with us on the right side of history.
I’ll follow up with an update as soon as we hear something new. In the meantime, I hope you’ll consider making a donation to help fund our work, including lawsuits like this one. [[link removed]]
Sincerely,
Shiwali Patel
she/her/hers
Director of Justice for Student Survivors & Senior Counsel
National Women’s Law Center
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