Hirono, Colleagues Introduce Bill to Strengthen Protections Against Sexual Harassment, Discrimination in Education

WASHINGTON, D.C. – Today, U.S. Senator Mazie K. Hirono (D-HI), member of the Senate Judiciary Committee, introduced legislation with Senator Bob Casey (D-PA) to strengthen civil rights protections against harassment in schools. The Students’ Access to Freedom & Educational Rights Act (SAFER) Act would amend the burdensome standards for harassment lawsuits brought under Title IX of the Education Amendments of 1972 (Title IX) and create additional protections for students who experience sex-based harassment. The SAFER Act aims to repair years of damage to Title IX, including actions by the Trump Administration to strip away many protections for student sexual assault survivors and court rulings that have increased the burden on young people seeking justice even as standards for workplace sexual assault lawsuits remain less onerous.

“Fifty years ago, Title IX was signed into law to guarantee every student’s right to a quality, equitable education, regardless of their sex,” said Senator Hirono. “But despite the progress Title IX has created, too many students—especially LGBTQ+ students, pregnant and parenting students, students of color, and students with disabilities—are still deprived the full protections of the law. The SAFER Act will strengthen enforcement of Title IX at schools and create important protections for survivors of harassment and assault on campus. This legislation will move us closer to fulfilling our promise of ensuring every student can get the quality education they deserve.”

Decades ago, Congress established strong protections against discrimination, including Title IX, which was originally sponsored by Rep. Patsy Mink of Hawaii, as well as Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin; Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination; Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on disability; and the Age Discrimination Act of 1975, which prohibits age discrimination.

Supreme Court rulings in Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education have created standards for Title IX sexual harassment lawsuits that increased the burden on the plaintiff. These standards have made it more difficult for students to be protected from sex-based harassment and have influenced other civil rights laws, making civil rights enforcement against discrimination on the basis of race, disability, and age more difficult as well.

The SAFER Act would also require more transparency around Title IX religious exemptions, include a broader and more apt definition of sexual harassment and “sex,” allow the Department of Education’s Office for Civil Rights to levy fines against institutions for civil rights violations, require climate surveys in K-12 schools of students experiences with sex-based harassment, and create more requirements for Title IX coordinators and for trainings, with grant funding included.

A one-page summary of the bill is available here.

In addition to Senators Hirono and Casey, the SAFER Act is cosponsored by Senators Cory Booker (D-NJ), Sheldon Whitehouse (D-RI), and Tammy Baldwin (D-WI). U.S. Representatives Jahana Hayes (D-CT), Debbie Dingell (D-MI), and Deborah Ross (D-NC) introduced companion legislation in the House of Representatives.

The bill is supported by more than 70 organizations, including the National Women’s Law Center, Know Your IX, It’s On Us, Human Rights Campaign, and the National Disability Rights Network

Senator Hirono is a strong advocate for survivors of sexual assault and harassment, and consistently works to advance legislation to protect survivors. Last month, the Speak Out Act, legislation co-led by Senator Hirono, passed through Congress and now heads to President Biden’s desk to be signed into law. The bill limits the enforceability of non-disclosure agreements and non-disparagement agreements (NDAs) where a sexual harassment or sexual assault dispute arises and survivors wish to break their silence.

In September, she joined a letter applauding the Biden Administration’s push to further strengthen Title IX protections. That same month, Senator Hirono also introduced legislation to support survivors of sexual assault on college campuses. Earlier this year, she cosponsored the bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which prevents perpetrators from being able to push survivors of sexual harassment and assault into the secretive, biased process of forced arbitration, and was signed into law earlier this year.

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