Betsy DeVos calls Obama-era approach to handling sexual assault on campus ‘failed’
U. S. Education Secretary Betsy DeVos on Thursday said her office will work to restructure what she called the Obama administration’s “failed” approach to addressing campus sexual assault, but she stopped short of outright rescinding guidelines that students accused of wrongdoing say don’t give them a fair hearing.
The much- anticipated announcement during a speech at George Mason University in Virginia comes amid heightened tensions over the way universities protect students and punish perpetrators of sexual assault.
“The current approach does a disservice to everyone involved,” she said. “The current approach isn’t working.”
There had been wide speculation DeVos would rescind Obama- era guidance that many Republicans said did not do enough to protect students accused of rape. The Obama administration directed schools to use a “preponderance of the evidence” standard where they used to be able to use a “clear and convincing” standard to determine whether misconduct occurred.
But instead, the secretary said she will ask for input from the public about
“The current approach does a disservice to everyone involved. The current approach isn’t working.” — U. S. Education Secretary Betsy DeVos
how the system should be restructured.
Natasha Baker, a partner with San Francisco-based law firm Hirschfeld Kraemer who works with a number of California schools on campus sexual assault issues, cautioned that regardless of any changes at the federal level, “In California, there’s really not that much in play.”
That’s because the Golden State codified the “preponderance of the evidence” standard, so that it will still hold as state law even if federal guidelines change. Tthe state also enacted affirmative consent, meaning it’s already clarified a standard of consent for sexual contact.
While DeVos decried acts of sexual misconduct as “reprehensible” during her talk, she also spent a good deal of time talking about wrongly accused students. Although she did not mention him by name, she outlined the case of USC football player Matthew Boermeester, who was expelled for abuse even though the victim denied it happened.
“The rights of one person can never be paramount to the rights of another,” she said.
Without specifying how her department plans to move forward, she cited several groups, including the American Bar Association and a collection of Harvard law professors, who have offered ideas for improving campus sexual assault procedures, including forming regional centers that investigate cases instead of individual schools handling cases internally.
“We welcome input and we look forward to hearing more ideas,” DeVos said. “This is not about letting institutions off the hook.”
Still, if the polarized reaction that followed the speech is any indication, the department has a long road ahead to designing a policy that both victim advocates and the accused can agree is fair.
Baker thinks it’s possible.
“The devil is in the de- tails,” she said.
Still, some, including University of California President Janet Napolitano, saw DeVos’s announcement that she plans to replace the current federal guidelines as an attempt to walk back protections for victims.
“Changes to the Title IX policy announced today signal that the Trump administration aims to undo six years’ worth of federal enforcement designed to strengthen sexual violence protections on college campuses. This is extremely troubling,” Napolitano said. “Even in the midst of unwelcome change and uncertainty, the university’s commitment to a learning environment free of sexual violence and sexual harassment will not waver. UC will continue its work to foster a culture of safety and security on all its campuses.”