- Education Secretary Betsy DeVos released
- The proposal narrows the definition of sexual harassment and promises presumption of innocence, cross-examination, and right to appeal to those accused.
- DeVos first announced her intention to revise the rule last year, saying it was skewed against the accused.
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Betsy DeVos released a proposal to overhaul Title IX that would bolster the rights for those accused of sexual misconduct
Education Secretary Betsy DeVos released a proposal for campus sexual assault and harassment rules, which emphasized increased rights for the accused.
Education Secretary Betsy DeVos released new guidelines for schools handling cases of sexual assault and harassment that emphasized increased rights for both the victims and the accused, even in the absence of a formal complaint.
The new proposal is a re-write of policies formed under former President Barack Obama, which DeVos previously said were skewed against those accused of sexual assault.
The proposal casts a more narrow definition of sexual harassment that only recognizes misconduct if it prevents a student from participating in a school activity or program. The school may only investigate when a complaint is filed in accordance with campus rules.
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Under the Obama-era rule, sexual harassment was defined as "
It also places the burden of proof on the school to ensure "fair and reliable outcomes" in each case and promises presumption of innocence, cross-examination, and right to appeal to those accused.
"The proposed regulation is grounded in core American principles of due process and the rule of law," a department summary of the proposal said. "It seeks to produce more reliable outcomes, thereby encouraging more students to turn to their schools for support in the wake of sexual harassment and reducing the risk of improperly punishing students."
The proposal equally weighs considerations of impacts on accusers and the accused. "Survivors often struggle or fail to continue their educations due to emotional and physical suffering in the wake of sexual harassment," the proposal reads. "Persons accused face the prospect of ruined reputations and derailed educational opportunities when punishments are imposed based on allegations without an impartial fact-finding process."
DeVos has said the previous rules pushed schools "to overreach," and announced last year she was prioritizing an overhaul to increase balance in cases of sexual assault.
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Critics of the current guidance say the rules diminish the rights of the accused by directing colleges to use a lower standard of proof in ruling a student guilty of sexual assault.
The proposal is open to public comment for 60 days after its publication before it potentially becomes a rule of law.
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