The Mercury News Weekend

Betsy DeVos calls Obama-era approach to handling sexual assault on campus ‘failed’

- By Emily DeRuy ederuy@bayareanew­sgroup.com Contact Emily DeRuy at 510-208- 6424.

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.”

 ?? THE ASSOCIATED PRESS ?? U.S. Education Secretary Betsy DeVos said she will ask for input from the public to assess how the system for dealing with campus sexual assault should be restructur­ed.
THE ASSOCIATED PRESS U.S. Education Secretary Betsy DeVos said she will ask for input from the public to assess how the system for dealing with campus sexual assault should be restructur­ed.

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