Page 8 - Trending_111918

Politics
DeVos proposes overhaul to campus sexual misconduct rules
By COLLIN BINKLEY, Associated Press
Education Secretary Betsy DeVos on Fri- day proposed a major overhaul to the way colleges and universities handle complaints of sexual misconduct, adding protections for students accused of assault and harass- ment, and narrowing the types of cases schools would be required to investigate.
Under the plan, schools would be required to investigate complaints only if they occurred on campus or other areas overseen by the school, and only if they were reported to certain campus officials with the authority to take action.
The Education Department says the pro- posal ensures fairness for students on both sides of accusations, while offering schools greater flexibility to help victims who don’t want to file formal complaints that could trigger an investigation.
“Throughout this process, my focus
was, is, and always will be on ensuring
that every student can learn in a safe and nurturing environment,” DeVos said in a statement. “That starts with having clear policies and fair processes that every stu- dent can rely on. Every survivor of sexual violence must be taken seriously, and every student accused of sexual misconduct must know that guilt is not predeter- mined.”
DeVos previously said the existing rules were too prescriptive, pressuring schools to take heavy action against students ac- cused of misconduct without giving them a fair chance to defend themselves.
The new proposal adds protections for accused students, giving them a presump- tion of innocence throughout the disci- plinary process and the right to review all evidence a school collects. They would also be able to cross-examine their accusers,
although it would be done indirectly through a representative to avoid personal confrontation.
If finalized, it will tell schools how to apply the 1972 law known as Title IX, which forbids discrimination based on sex in schools that receive federal funding.
In September 2017, DeVos rescinded a set of 2011 rules that were created under the Obama administration and guided schools on how to handle complaints.
Advocacy groups for victims say the Obama rules forced schools to stop brush- ing the issue under the rug, while advo- cates for accused students say it tipped the scales in favor of accusers. Some college leaders complained that the rules were too complex and could be overly burdensome.
Among other changes, DeVos’s proposal narrows the definition of what constitutes sexual harassment. It would be defined
as unwelcome sexual conduct that’s “so severe, pervasive and objectively offensive that it effectively denies a person equal access to the school’s education program or activity.”
It also allows schools to use a higher standard of proof to determine if a student should be found responsible for miscon- duct. While the Obama guidance told schools to use a “preponderance of the evidence” standard, meaning the allegation is “more likely than not” true, the new proposal would allow a “clear and convinc- ing” standard, meaning the claim is highly probable.
The department will collect public input on the rules before they can be finalized.
___
Follow Collin Binkley on Twitter at https://twitter.com/cbinkley
8 | TRENDING