Texarkana Gazette

DeVos plans to scrap rules on campus sexual assault

- By Collin Binkley and Laurie Kellman

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

DeVos vowed to replace a set of rules enacted by the Obama administra­tion in a 2011 memo known as the “Dear Colleague Letter,” which she said created a system that failed students.

“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.

DeVos repeatedly spoke about protecting the rights of both victims and students who are accused of sexual assault, saying the conversati­on has wrongly been framed as “a contest between men and women.”

She didn’t detail how the rules will change but said her office will seek feedback from the public and universiti­es to develop new rules.

The announceme­nt was applauded by critics who say the rules are unfairly stacked against students accused of sexual assault, while advocacy groups for victims denounced DeVos’s message as a step backward.

Andrew Miltenberg, a New York lawyer who represents students accused of sexual assault, said he was encouraged by the recognitio­n that accused students have been mistreated.

“Up until now, everyone’s been terrified of saying what she said because the fear is it would be seen as being against victims’ rights,” he said.

Activists from Know Your IX, an advocacy group for sexual-assault survivors, said the speech sent the message that colleges won’t be held accountabl­e for protecting students.

“I really fear that DeVos will take us back to the days when schools routinely violated survivors’ rights and pushed sexual assault under the rug,” said Sejal Singh, a policy coordinato­r for the group.

Debate has flared in recent years over the 2011 guidance from the Obama administra­tion, which requires schools to investigat­e all complaints of sexual assault and details how they must conduct disciplina­ry proceeding­s.

Critics say the rules call on campus officials with little legal experience to act as judges, and many say the standard of evidence required by the rules is too low.

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.

Schools that violate the rules can lose federal funding entirely, although that penalty has never been dealt.

DeVos echoed critics during parts of her speech, blasting the rules for creating “‘increasing­ly elaborate and confusing guidelines” and relying on the “lowest standard of proof.”

“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.”

 ?? AP Photo/Jacquelyn Martin ?? People gather to protest proposed changes to Title IX on Thursday before a speech by Education Secretary Betsy DeVos at George Mason University in Arlington, Va. DeVos plans to end the Obama administra­tion’s rules for investigat­ing allegation­s of...
AP Photo/Jacquelyn Martin People gather to protest proposed changes to Title IX on Thursday before a speech by Education Secretary Betsy DeVos at George Mason University in Arlington, Va. DeVos plans to end the Obama administra­tion’s rules for investigat­ing allegation­s of...

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