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A6 U.S. NEWS
Saturday 17 November 2018
DeVos proposes overhaul to campus sexual misconduct rules
By COLLIN BINKLEY she issued the 150-page
Associated Press proposal on Friday, which
Education Secretary Betsy will go through a 60-day
DeVos on Friday proposed public comment process
a major overhaul to the before it can be finalized.
way colleges and universi- Legal experts say it could
ties handle sexual miscon- dramatically reduce the
duct complaints, adding number of complaints that
protections for students get investigated by schools.
accused of assault and Saunie Schuster, a lawyer
harassment and narrowing who advises a range of col-
which cases schools would leges, says the vast major-
be required to investigate. ity of complaints arise off-
Her plan would scale back campus and would no lon-
important Obama admin- ger need to be addressed
istration rules while adding by schools, although col-
mandates that could re- leges could still go beyond
shape the school disciplin- minimum requirements.
ary systems that schools DeVos’ plan is also likely to
have developed over the cut down on actions taken
past decade. by the Education Depart-
Under the new plan, col- ment, which can penalize
leges would have to investi- schools for failing to uphold
gate complaints only if the Title IX. The proposal raises
alleged incident occurred In this Sept. 17, 2018 photo, Education Secretary Betsy DeVos speaks during a student town hall at the bar for proving that fail-
on campus or in other ar- National Constitution Center in Philadelphia. Associated Press ure, saying schools must be
eas overseen by the school, “deliberately indifferent” to
and only if it was reported The proposal effectively condemn sexual violence loss of federal funding. be held legally liable.
to certain officials. By con- tells schools how to apply and punish those who per- Advocacy groups for vic- As of Friday, the Education
trast, current rules require the 1972 law known as Title petrate it, while ensuring tims say the Obama rules Department said it was in-
colleges to review all stu- IX, which bars discrimina- a fair grievance process,” forced schools to stop vestigating 387 Title IX com-
dent complaints, regard- tion based on sex in schools DeVos said in a statement. sweeping the issue under plaints involving sexual ha-
less of their location or how that receive federal mon- “Those are not mutually ex- the rug, while those sup- rassment or violence at the
they came to the school’s ey. It applies not only to clusive ideas. They are the porting accused students college level, along with
attention. colleges and universities, very essence of how Ameri- said it tipped the scales in 296 at elementary and sec-
It adds several provisions but also to elementary and cans understand justice to favor of accusers. Some ondary schools.
supported by groups that secondary schools. function.” colleges complained that Catherine Lhamon, who
represent students ac- The Education Department For years, schools have the rules were too complex led the Education Depart-
cused of sexual miscon- says the proposal ensures relied on a series of let- and could be overly bur- ment’s civil rights division
duct. Chief among them, it fairness for students on both ters issued by the Obama densome. under Obama and helped
says accused students must sides of accusations, while administration instructing DeVos echoed the rules’ develop existing rules, told
be able to cross-examine giving schools flexibility to them how to respond to critics when she rescinded The Associated Press the
their accusers, although support victims even if they complaints. Missteps could two guidance letters in new proposal is “devas-
it would be done through don’t file a formal com- bring federal investigations September 2017, declaring tating” and would take
a representative to avoid plaint or request an investi- that often last years, with that “the era of ‘rule by let- schools back to a “a very
personal confrontations. gation. “We can, and must, penalties as high as a total ter’” was over. In its place, dark time.”q
Panel dismisses ethics charges against Arkansas justices
By ANDREW DeMILLO County Circuit Judge Wen- A three-member panel filed by Griffen, who was an email. “Unfortunately,
Associated Press dell Griffen. The court last earlier this year said the charged earlier this year this appears to be a recur-
LITTLE ROCK, Ark. (AP) — A year prohibited Griffen justices never gave Griffen by a three-member panel ring theme when it pertains
disciplinary panel dismissed from hearing death pen- notice or an opportunity to from the commission over to Judge Griffen’s constitu-
ethics charges Friday alty cases after he was be heard over his removal. the demonstration. An at- tional rights and protected
against the Arkansas Su- photographed laying on In dismissing the complaint torney for Griffen said he interests.”
preme Court’s justices over a cot during a demonstra- Friday, the commission said was surprised by the com- Brent Standridge, the spe-
their decision to prohibit a tion outside the governor’s it doesn’t have jurisdic- mission’s action and had cial counsel who had been
judge who participated mansion wearing an anti- tion to take action against not been notified before- appointed to prosecute
in an anti-death penalty death penalty button and judges for how they ap- hand. the case against the jus-
demonstration from hear- surrounded by people ply the law in the absence “This clandestine Friday tices, did not immediately
ing any execution-related holding signs opposing ex- of “fraud, corrupt motive afternoon dismissal of the return a call Friday after-
cases. ecutions. or bad faith.” The justices sustained ethics charges noon.
The Arkansas Judicial Dis- Earlier the day of the dem- had argued the commis- against the Arkansas Su- Five justices had filed a law-
cipline and Disability Com- onstration, Griffen blocked sion didn’t have jurisdiction preme Court was totally suit in the state Supreme
mission voted unanimously the state from using a le- over the complaint since it unknown to us until now Court to halt the ethics
to dismiss the charges that thal injection drug over the dealt with a legal issue and because we were not giv- charges. Gov. Asa Hutchin-
the court’s seven justices claims the drug supplier not an ethical matter. en any notice of a hearing son last month named sev-
violated ethics rules when had been misled by the The ethics complaint or session regarding same,” en special justices to pre-
they disqualified Pulaski state. against the justices was attorney Mike Laux said in side over that case.q