Devos prepares new sex assault rules
Secretary tries to strike balance to respect sides
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.”