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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
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