About 3 million students on campus this fall will be sexually assaulted during their college years. But it’s more complicated than the numbers. WASHINGTON — Education Secretary Betsy DeVos on Friday released her long- awaited rewrite of rules governing campus sexual. Pennsylvania Attorney General Josh Shapiro speaks on his office’s Campus Safety Report during a press conference at the University of.
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November 16, Last Updated November 16, But others said the proposal restores balance in a system that had been skewed too far in favour of the accusers. DeVos said she had worked to strike a balance while creating a more transparent and reliable process. We can, and must, condemn sexual violence and punish campuz who perpetrate it, while ensuring a fair grievance process. Under the proposal, fewer allegations would be considered sexual harassment and schools would be responsible only for investigating incidents that are part of campus programs and activities and that were properly sexploots.
How Notions Of Sex, Power And Consent Are Changing On College Campuses
Schools could choose a higher legal standard for considering evidence. The rules come after years of rising pressure on universities to better respond to allegations of sexual assault and other misconduct. They land at a time when the MeToo movement brought increased public scrutiny and accountability to harassment and assault.
This proposal, by contrast, pushes the pendulum in the reverse direction. The most divisive aspect of the proposal may be allowing attorneys for the accused to cross-examine accusers. The proposed rule goes too far in incorporating legal concepts into a school disciplinary setting, argued Terry Hartle, a senior vice president at the American Council on Education, which represents university presidents.
But advocates for the accused called this an essential change that could help counter inherent bias among college administrators who investigate incidents.
This would permit one student to hire a highly sexpploits legal pit bull to grill another student in a campus disciplinary hearing. The regulations stem from a law known as Title IX that bars sex discrimination at schools sexpliits receive federal funding. Most of the attention is on higher education, but the rules also apply to elementary and secondary schools.
Unlike less formal Obama-era guidance that is being replaced, the new plan is a proposed regulation that will be subject to public comment and, once finalized, carry the force of law.
Critics said the Obama approach was confusing for universities and improperly made outside the formal rulemaking process. Citing Supreme Court precedent, the proposal puts forth a narrow definition of harassment.
How Notions Of Sex, Power And Consent Are Changing On College Campuses : NPR
I think most universities are going to stay the course for fear of becoming ground zero for activists to say, ‘Look how terrible rape victims are being treated at this university’.
The regulation also limits the circumstances that would mandate a school respond to an incident.
For K schools, the report could go to any teacher. That could include off-campus incidents if it were, for instance, in a building owned by the school, or at an event the school funded, sponsored, promoted or endorsed. Once a school knows about an allegation, it is required to take it seriously. The regulation also specifies that even if no formal complaint is filed, the school must offer the accuser supportive measures.
In investigating complaints, schools are required to implement a range of due-process procedures, including a presumption of innocence, the opportunity to present witnesses and evidence, and the right to an adviser or attorney at all phases of the process.
Hearings are optional for K schools, but for colleges and universities, a final decision must be made at a hearing. Cross-examination must be allowed but conducted by advisers or attorneys, not by the parties themselves. In addition, the regulation would require that the final determination in a case be made by someone who did not conduct the investigation, nullifying arrangements often used in which a single investigator does both. Those procedural changes are important, said attorney Andrew Miltenberg of New York, who has represented more than students accused of sexual misconduct.
But he predicted that most universities will maintain the lower evidentiary standard in response to campus pressures. Laura Meckler, The Washington Post. Filed under News World. Education Secretary Betsy DeVos rewrites rules on campus sex assault allegations, giving accused more rights.
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