WASHINGTON — The American Psychological Association expressed disappointment today regarding a final rule published by the U.S. Department of Education making it more difficult for victims of campus sexual assault to file complaints and limiting the definition of sexual harassment to the most extreme cases.
“The American Psychological Association is concerned that provisions in the final rule could lead to underreporting of sexual misconduct, revictimization and/or traumatization of all parties involved,” said Arthur C. Evans Jr., APA’s chief executive officer. “These include narrowing the definition of sexual harassment to just the most extreme cases; limiting both the scope of reporting to incidents that occur within the academic program and the flexibility of the reporting process itself; and creating an adversarial system of resolving complaints similar to legal proceedings, with an option of a formal hearing or mediation.”
The rule, which directs how institutions of higher education must implement Title IX of the Education Amendments of 1972, “lacks the foundation of psychological research and science needed to address acts of sexual misconduct on college campuses,” Evans said.
APA is committed to educating the public, promoting awareness and disseminating research on this topic. In February 2019, APA passed a resolution on campus sexual assault (PDF, 100KB)opens in new window, which serves as an extensive scientific resource. It calls on national leaders to address the problem of campus sexual assault, promote response and prevention efforts, and support the mental health of victims, particularly those who are traditionally underserved.
“Research shows that experiencing sexual misconduct could harm students’ learning and achievement, compromising their ability to complete college and their success beyond higher education.” Evans said. “These changes to the reporting and investigatory requirements under Title IX may affect victims’ willingness and ability to report sexual harassment and assault, in turn impacting equal access to educational programs and activities.”
Evans called on Congress to pass legislation that would implement trauma-informed investigations of sexual misconduct at colleges and universities. “The reauthorization of the Higher Education Act must include evidence-based solutions that provide further student supports, and ensures safety, accountability and equity,” he said.
In March, APA joined over 200 organizations calling on the department to postpone its rulemaking process for the duration of the COVID-19 public health emergency.
“Implementation of new Title IX regulations is an extremely complex process even under ideal circumstances, requiring a coordinated approach across multiple campus entities,” Evans said. “The COVID-19 crisis has created unprecedented challenges for institutions of higher education, which could make proper administration of the new Title IX rule that much more difficult.”