Students accused of sexual assault are slated for more rights under Education Secretary Betsy DeVos' new plan
Education Secretary Betsy DeVos' revamped campus sexual assault plans, more than a year in the making, are here.
DeVos has long sought to bolster the rights of college students accused of sexual assault, officially announcing her intent to revamp Obama-era rules last September. Those new rules, which Devos said "ensur[e] a fair grievance process," were unveiled Friday.
Under former President Barack Obama's administration, Title IX, the law that outlaws gender discrimination in schools, was implemented in a way that was meant to strengthen the power of sexual assault victims. But DeVos argued that premise in September 2017, saying Obama-era policies have "failed too many students" because the "rights of one person can never be paramount to the rights of another."
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This new proposal reflects that same stance. Obama-era rules required colleges to investigate any "unwelcome conduct of a sexual nature," NPR notes. But the DeVos policy redefines sexual harassment as conduct "so severe, pervasive, and objectively offensive" that it disrupts a student's learning environment, per Friday's statement. The new rules also rely heavily on "a presumption of innocence throughout the grievance process," and require schools hold "live hearing[s]" featuring "cross-examination."
Jess Davidson, executive director of End Rape on Campus, told Politico "this rule will return schools back to a time where rape, assault, and harassment were swept under the rug." A previous Education Department analysis showed these changes would cut sexual harassment inquiries by 39 percent, saving up to $400 million over the next decade. The publication of this proposal opens up a 60-day public comment period. Read the whole plan here.
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Kathryn is a graduate of Syracuse University, with degrees in magazine journalism and information technology, along with hours to earn another degree after working at SU's independent paper The Daily Orange. She's currently recovering from a horse addiction while living in New York City, and likes to share her extremely dry sense of humor on Twitter.
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