"Shortly before the Kavanaugh hearings and confirmation further inflamed the animosity the left has for the current administration, Secretary of Education Betsy Devos Introduced new rules for how school campuses handle sexual assault allegations." -- Charlie S
Shortly before the Kavanaugh hearings and confirmation further inflamed the animosity the left has for the current administration, Secretary of Education Betsy Devos introduced new rules for how school campuses handle sexual assault allegations. Her new rules, while currently vague and potentially in revision, went for the most part under the radar as the highly televised Kavanaugh hearing came shortly after. But Devos’ new rules are closely related to the hearing, as they would affect how someone who experienced an act of sexual assault or harassment similar to that experience of Dr. Blasey Ford would report an allegation to their school.
Devos’ new policy further undermines the Obama-era guidances that she rescinded earlier this year, which placed more responsibility on schools to investigate a broad definition of sexual misconduct that happened between students--even off campus. The Obama era guidances were far from perfect, as they did little to enforce the regulations they proposed, but Devos’ new policy gives schools little liability to investigate in general.
Schools will only have to investigate what the rules define as formal complaints, of events that happened on campus, as well as being able to pick their own evidentiary standard on which to take the allegation seriously. This means that if a student was assaulted by a fellow student at an off-campus party, in frat housing for example, the school would have no responsibility to investigate or protect the student. And even if the assault was on campus, the school decides the standard of evidence, putting more responsibility on a victim to present a convincing case in a climate where 310 out of every 1,000 rapes are actually reported.
The new policy defines a formal complaint as one reported to “an official who has the authority to institute correcting measures.” This can mislead students. Does this mean an officer of the law or a high-ranking school administrator? A common scenario that wouldn’t qualify as a formal complaint would be if a student confided to a dorm supervisor, and that dorm supervisor reported to higher-ups.
Additional to the stripping of liability of schools, the accused have been provided more recourse. Devos is bringing back the pre-Obama tactic of mediation, which allows the victim and the accused to cross-examine and request evidence from each other. The Obama administration repealed this standard, believing it to be “traumatizing”, but Devos reinstated it, as it gives the accused more access to counter allegations directly to the victim. Devos’ new Supreme Court definition of sexual harassment has been tightened to “unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it denies a person access to the school’s education program or activity.” In addition to mediation, this provides more protection for the accused to escape on a basis of Supreme Court definition.
Devos’ new policy—as opposed to the Obama guidances—will have the power of law, is as indicative as the Kavanaugh confirmation on how the Trump administration disdains women and survivors of sexual assault. The difference is how this policy being cloaked in jargon and necessity of knowledge of prior legislation. The future of victim rights looks dark, but because the rules give schools so much leeway, the responsibility is now on them to make the right judgement call.
Devos’ new policy further undermines the Obama-era guidances that she rescinded earlier this year, which placed more responsibility on schools to investigate a broad definition of sexual misconduct that happened between students--even off campus. The Obama era guidances were far from perfect, as they did little to enforce the regulations they proposed, but Devos’ new policy gives schools little liability to investigate in general.
Schools will only have to investigate what the rules define as formal complaints, of events that happened on campus, as well as being able to pick their own evidentiary standard on which to take the allegation seriously. This means that if a student was assaulted by a fellow student at an off-campus party, in frat housing for example, the school would have no responsibility to investigate or protect the student. And even if the assault was on campus, the school decides the standard of evidence, putting more responsibility on a victim to present a convincing case in a climate where 310 out of every 1,000 rapes are actually reported.
The new policy defines a formal complaint as one reported to “an official who has the authority to institute correcting measures.” This can mislead students. Does this mean an officer of the law or a high-ranking school administrator? A common scenario that wouldn’t qualify as a formal complaint would be if a student confided to a dorm supervisor, and that dorm supervisor reported to higher-ups.
Additional to the stripping of liability of schools, the accused have been provided more recourse. Devos is bringing back the pre-Obama tactic of mediation, which allows the victim and the accused to cross-examine and request evidence from each other. The Obama administration repealed this standard, believing it to be “traumatizing”, but Devos reinstated it, as it gives the accused more access to counter allegations directly to the victim. Devos’ new Supreme Court definition of sexual harassment has been tightened to “unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it denies a person access to the school’s education program or activity.” In addition to mediation, this provides more protection for the accused to escape on a basis of Supreme Court definition.
Devos’ new policy—as opposed to the Obama guidances—will have the power of law, is as indicative as the Kavanaugh confirmation on how the Trump administration disdains women and survivors of sexual assault. The difference is how this policy being cloaked in jargon and necessity of knowledge of prior legislation. The future of victim rights looks dark, but because the rules give schools so much leeway, the responsibility is now on them to make the right judgement call.
