ALERT Act Accountability of Leaders in Education to Report Title IX Investigations Act
The ALERT Act impacts the Higher Education Act of 1965 by adding new compliance requirements for eligible institutions of higher education. Specifically, it requires institutions to certify annually that they have conducted necessary reviews of any reported incidents involving covered employees. This increases the institutional responsibility for addressing Title IX violations effectively while also aiming to provide some reassurance to complainants that their cases are reviewed by leadership, thereby promoting greater transparency and accountability within educational institutions.
Senate Bill 2139, titled the 'Accountability of Leaders in Education to Report Title IX Investigations Act' or 'ALERT Act', is designed to strengthen accountability around how higher education institutions handle incidents reported to Title IX coordinators. The bill mandates that all incidents involving covered employees, such as full-time staff or employees acting on behalf of the institution, must undergo a comprehensive review by the institution's president and at least one additional board member. This is aimed at ensuring a thorough evaluation of incidents related to offenses such as sexual harassment or discrimination, and sets forth conditions that these leaders cannot interfere with investigations or outcomes.
While the intent of SB 2139 is to bolster protections for individuals reporting Title IX violations, it raises some concerns among various stakeholders. Critics may argue that the bill increases bureaucratic oversight and could lead to potential conflicts of interest, especially when the institution's leadership is directly involved in reviewing incidents. Detractors might also contend that this approach does not adequately separate the investigatory process from institutional pressures, which could undermine the integrity and impartiality necessary for effective investigations.
Furthermore, the definition of 'covered employees' explicitly excludes undergraduate students, which has led to discussions about the potential impact on equity and the comprehensiveness of Title IX protections in educational environments. There is also an ongoing dialogue regarding the effectiveness of such legislation in genuinely addressing the root causes of Title IX violations, as some advocate for broader systemic reforms within educational institutions rather than merely increasing reporting and review protocol.