DeVos announces intent to revamp Title IX

Guidelines in the college and university regulation were installed during Obama’s administration

On Thursday, U.S. Secretary of Education Betsy DeVos made a statement announcing a replacement of the Obama administration’s Title IX guidelines surrounding sexual assault in order to better protect the rights of both the victims and the accused.

In her speech at George Mason University, DeVos claimed the federal guidelines went too far, “weaponized the Office of Civil Rights to work against schools and against students,” and “pushed schools to overreach.”

“The truth is that the system established by the prior administration has failed too many students,” DeVos said. “Survivors, victims of a lack of due process, and campus administrators have all told me that the current approach does a disservice to everyone involved.”

In 2011, the U.S. Department of Education and the Office of Civil Rights sent a “Dear Colleague” letter to colleges, universities and schools that established the Obama Administration’s policy on sexual assault investigations through Title IX.

The letter reminded them to carry out Title IX requirements, minimized the burden of proof to take action, clarified responsibility for dealing with sexual violence, designated at least one employ to act as a Title IX coordinator, and adopt policies for procedures and resolutions.

Since the enforcement of the 2011 federal regulations, the government has opened 435 investigations into colleges’ possible mishandling of reports of sexual violence under Title IX, according to an online reporting tool from the Chronicle of Higher Education.

So far, 75 cases were resolved and 360 remain open.

Speech

In her speech DeVos did not announce any formal changes to Title IX requirements, but she did state that the Education Department would launch a notice-and-comment process before releasing new regulations.

“To implement sustainable solutions, institutions must be mindful of the rights of every student,” DeVos said. “No one benefits from a system that does not have the public’s trust — not survivors, not accused students, not institutions and not the public.”

These solutions, DeVos argued, would better protect the due process rights of all students, especially of those accused of sexual violence.

“A better way means that due process is not an abstract legal principle only discussed in lecture halls,” DeVos said. “Due process is the foundation of any system of justice that seeks a fair outcome. Due process either protects everyone, or it protects no one.”

Potential solutions cited in DeVos’ speech included recommendations from The American Bar Association and the American College of Trial Lawyers that included protections for both sides, a restorative justice approach and a higher standard of proof for proceedings.

She also noted an open letter from Harvard’s law school faculty and an idea from former prosecutors Gina Smith and Leslie Gomez.

The two lawyers proposed a “Regional Center” model that sets up a voluntary, optin Center where professionally-trained experts handle Title IX investigations and adjudications.

“Our interest is in exploring all alternatives that would help schools meet their Title IX obligations and protect all students,” DeVos said.