Las Vegas Review-Journal

Devos prepares new sex assault rules

Secretary tries to strike balance to respect sides

- By Maria Danilova The Associated Press

WASHINGTON — Education Secretary Betsy Devos is considerin­g new guidelines that could change the way allegation­s of sexual violence are investigat­ed on college campuses.

Devos has argued that the policy put in place under President Barack Obama is skewed against the accused. She is expected to issue new rules in the near future.

At stake is whether schools should require higher standards of evidence when handling complaints and whether both parties should have access to that evidence. Also under review is the use of mediators and the possibilit­y of the accuser and the accused cross-examining each other.

Devos’ new guidelines are expected to address whether schools should have to investigat­e as soon as they are aware of alleged misconduct or only after a student files a formal complaint.

Advocates point to the Larry Nassar sexual assault scandal at Michigan State University and say that victims are shocked and unwilling to relive their traumatic experience. They say it should be the school’s responsibi­lity to investigat­e.

“It is the debate that we are having about how to handle these allegation­s on high school and college campuses,” said Mike Petrilli, president of the conservati­ve Thomas B. Fordham Institute.

The Department of Education declined to comment Friday about Devos’ plans for revising the sexual assault rules. But when issuing temporary guidance last year, Devos said she was looking for a more balanced approach.

“Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermi­ned,” she said in September 2017. “These are non-negotiable principles.”

Cynthia Garett, who heads Families Advocating for Campus Equality, said one false accusation can ruin a student’s life. She said many of the accused students she represents experience­d traumatic flashbacks when they watched Supreme Court nominee Brett Kavanaugh testify last week, swearing he was innocent of sexual assault allegation­s. Garett said she supports Devos’ plan to give a greater voice to the accused.

“It is no longer going to be easy to find someone guilty,” Garett said. “But justice has never been easy and it shouldn’t be easy to ruin someone’s life.”

 ?? Carolyn Kaster ?? The Associated Press Education Secretary Betsy Devos might revise an Obama-era police on how college campuses handle sexual assault allegation­s.
Carolyn Kaster The Associated Press Education Secretary Betsy Devos might revise an Obama-era police on how college campuses handle sexual assault allegation­s.

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