Civic Register
| 8.30.18
DeVos Proposes New Protections for Students Accused of Sexual Assault
Do colleges need to boost the rights of those accused of sexual assault?
UPDATE - November 11, 2018:
- Education Secretary Betsy DeVos has released a proposed overhaul of how colleges and universities handle complaints of sexual assault and harassment, including adding protections for students accused of sexual misconduct and narrowing the type of cases schools would be required to investigate.
- Under DeVos' new proposal, schools would only be responsible for investigating allegations that are part of campus programs and are reported to specific campus officials with the authority to take action.
- The plan also narrows the definition of what constitutes sexual harassment to unwelcome sexual conduct that is "so severe, pervasive and objectively offensive that it effectively denies a person equal access to the school's education program or activity."
- "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 student 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 predetermined."
- The National Women's Law Center denounced the proposed changes"
Countable's original story appears below.
What’s the story?
- Department of Education Secretary Betsy DeVos is proposing a new set of federal policies that would strengthen the rights of students accused of rape and other forms of sexual assault and harassment.
- The policy, first reported by the New York Times, would also narrow the definition of sexual harassment, urge schools to supply support resources for victims, and reduce schools' liability of sexual assault incidents.
What are both sides saying?
- Survivor and executive director of "End Rape on Campus," Jess Davidson, said DeVos’ proposed changes “send us back to a time where campus sexual assault was swept under the rug, and really deny the severity of experiencing sexual violence.”
- The proposed rule changes come as a number of institutions – including Ohio State University, the University of Southern California, and Michigan State University – face accusations that members of their faculties engaged in, or covered up, major sexual misconduct.
- "Is ruining lives your version of a back-to-school welcome?" Morgan McCaul – a survivor of sexual abuse by MSU's Larry Nassar – tweeted as news of the change broke.
"When we define policy about criminal sexual misconduct, it is imperative that we consider victims first," McCaul told the Detroit Free Press later. "Limiting the availability of justice for complainants is concerning and reckless, especially in today’s climate."
- Education Department spokeswoman Liz Hill said the department was “in the midst of a deliberative process” and that any information obtained by The Times “is premature and speculative, and therefore, we have no comment.”
- Last fall, when DeVos announced plans to roll back Obama-era guidelines regarding the handling of sexual assault investigations on college campuses, she stated the previous guidance denied accusers due process and created "victims" beyond the original accusers.
"The truth is that the system established by the prior administration has failed too many students. Survivors, victims of a lack of due process and campus administrators have all told me that the current approach does a disservice to everyone involved," DeVos said at the time.
What do you think?
Do colleges need to boost the rights of those accused of sexual assault and harassment? Are you a college student or parent of a college student? What do you think of the changes DeVos is proposing? Hit Take Action and tell your reps, then share your thoughts below.
—Josh Herman
(Photo Credit: Gage Skidmore via Flickr / Creative Commons)
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