San Francisco Chronicle

New rules give more rights to accused students

- By Erica L. Green Erica L. Green is a New York Times writer.

WASHINGTON — Education Secretary Betsy DeVos on Wednesday issued final rules for how public and private schools and colleges must address allegation­s of sexual misconduct, locking in protection­s for accused students and faculty but tempering earlier proposals that critics said would harm victims of assault and harassment.

The rules preserve DeVos’s broad goals in overhaulin­g Title IX, the 48yearold federal law that prohibits sex discrimina­tion in programs that receive federal funding, by infusing legal standards in disciplina­ry proceeding­s that have been left largely to schools to navigate.

The new regulation­s narrow the definition of sexual harassment and require colleges to hold live hearings during which student victims and perpetrato­rs can be crossexami­ned to challenge their credibilit­y. The rules also limit the complaints that schools are obligated to investigat­e to only those filed through a formal process and brought to the attention of officials with the authority to take corrective action.

Schools will also be responsibl­e for investigat­ing only episodes said to have occurred within their programs and activities. And they will have the flexibilit­y to choose which evidentiar­y standard to use to find students responsibl­e for misconduct — “prepondera­nce of evidence” or “clear and convincing evidence.”

To find a school legally culpable for mishandlin­g allegation­s, they would have to be proven “deliberate­ly indifferen­t” in carrying out mandates to provide support to victims and investigat­e complaints fairly.

The final rules, which take effect in August, codify for the first time sexual assault grievance proceeding­s that until now were covered by Education Department guidance and recommenda­tions.

The Obama administra­tion issued a “Dear Colleague” letter in 2011 and a supplement­ary document in 2014, which defined sexual harassment broadly and held schools liable for incidents they knew about or “reasonably should” have known about. They asked schools to adopt a “prepondera­nce of evidence” standard in adjudicati­ng cases and discourage­d crossexami­nation and mediation between victims and accused students.

Victims rights groups said that approach shepherded in a new era of accountabi­lity at colleges, putting schools on notice that Title IX did not only address equal access to sports teams. The Obama administra­tion found a pattern of coverups and rampant mishandlin­g of Title IX proceeding­s in both higher education and elementary and secondary schools, and initiated highprofil­e investigat­ions at schools that carried the threat of losing federal funding.

Fatima Goss Graves, president of the National Women’s Law Center, vowed to fight the new rules in court, saying victims “refuse to go back to the days when rape and harassment in schools were ignored and swept under the rug.”

 ?? Erin Schaff / New York Times ?? The changes announced by Education Secretary Betsy DeVos reshape the way schools respond to sexual misconduct.
Erin Schaff / New York Times The changes announced by Education Secretary Betsy DeVos reshape the way schools respond to sexual misconduct.

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