New campus sexual misconduct rules released

Changes would bolster the rights of the accused

Education Secretary Betsy DeVos unveiled sweeping changes Wednesday to campus sexual misconduct rules that would bolster the rights of the accused and give colleges more flexibility in how they handle Title IX cases.

The long-awaited rules make key changes to former guidelines from the Obama administration, including a tighter definition of sexual misconduct, reduced responsibility for colleges to investigate complaints, and the right for advisors on all sides to cross-examine those involved.

DeVos has said the revisions are aimed at restoring fairness and rebalancing the rights of the accuser and accused in the contentious arena of campus sexual assault. Title IX prohibits sex discrimination in education by schools that receive federal funding.

As the Obama administration cracked down on college sexual assault with tougher rules, more investigations and heavier sanctions against colleges deemed lax on the issue, hundreds of alleged offenders across the nation fought back with lawsuits saying their due process rights were violated in a rush to unfair judgments.

In California, some of those lawsuits have succeeded in forcing public and private campuses to strengthen due process rights for accused students. In one case last year, a state appellate court ruled that “fundamental fairness” required that accused students have a right to a hearing and to crossexamine their accusers. As a result, the University of California, California State University, USC, Occidental College and other campuses have made changes to their Title IX processes.

Mark Hathaway, a Los Angeles attorney who has represented more than 200 accused students, said he has continued to file lawsuits against California campuses alleging they have not fully complied with court directives for meaningful cross examination and other due process protections.