Devos to alter rules on sexual assault probes

ARLINGTON, Va. — Education Secretary Betsy Devos on Thursday declared that “the era of ‘rule by letter’ is over” as she announced plans to change the way colleges and universities handle allegations of sexual violence on campus.

She said Obama administration rules established in 2011 to guide schools as they investigate complaints have failed to protect students and done a “disservice to everyone involved.”

“Instead of working with schools on behalf of students, the prior administration weaponized the Office for Civil Rights to work against schools and against students,” she said in a speech at George Mason University.

Her comments signaled the possibility of a major shift in the way colleges enforce Title IX, the federal law that prohibits discrimination based on sex in education.

Devos didn’t detail how the rules will change. Instead, she said she would seek feedback from the public and universities.

Debate has flared in recent years over the Obama-era rules, which reshaped how colleges enforce Title IX in cases of sexual assault.

The rules told schools they must investigate and resolve all complaints of sexual assault, even if there is a separate criminal case.

Unlike in criminal courts, where guilt must be proved beyond a reasonable doubt, colleges were told to judge students based on whether it’s “more likely than not” they committed the offense.

Devos described “increasingly elaborate and confusing guidelines” that have harmed students on both sides of the debate.

“Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined,” she said. “These are non-negotiable principles.”