USA TODAY International Edition

‘Overwhelmi­ng fear’: DeVos rule draws fire

Proposal lets schools off the hook, critics charge

- David Jesse

Morgan McCaul knows what impact Betsy DeVos’ proposed overhaul of campus sexual assault investigat­ions would have on victims.

In mid-January, McCaul went to a podium in a mid-Michigan courtroom and faced Larry Nassar, the former Michigan State University and USA Gymnastics doctor who sexually assaulted her and hundreds of other female athletes over decades. It was incredibly stressful and traumatic, she says. But Nassar, or his lawyers, couldn’t question McCaul.

“I truly can’t imagine the overwhelmi­ng fear that facing him with the possibilit­y of interrogat­ion would bring,” she told the Detroit Free Press Friday morning. “Every shred of emotion and anxiety that I felt seeing my abuser at his sentencing was under ideal circumstan­ces. I got tremendous­ly lucky.”

So when she looks at the proposed rules put forth Friday by the Department of Education, she says she knows what’s behind the changes. The new guidelines, which now enter a 60-day comment period, would narrow the definition of what sexual harassment is on campus and reinforce “due process” rights for students accused.

“I believe the new Title IX procedures defined by the Department of Education accomplish exactly what they set out to do: impose further strain on survivors of sexual assault and alleviate institutio­ns of their responsibi­lity to protect students and their safety,” McCaul said.

The new rules aren’t likely to be adopted until 2019 at the earliest, so they wouldn’t take full effect until 2020.

DeVos’ proposal creates three categories for harassment, including “unwelcome conduct on the basis of sex that is so severe, pervasive and objectivel­y offensive that it effectively denies a person equal access to the school’s education program”; harassment in exchange for something, like a school employee’s tying an educationa­l benefit to a person’s sexual conduct; and sexual assault.

The proposal limits who must respond to sexual assault complaints: Title IX coordinato­rs at schools or an official authorized to take action. Schools would be required to respond only if the alleged incident occurred on campus or in areas overseen by the school, leaving out, for example, study abroad programs.

Key to the proposed changes are requiremen­ts that universiti­es hold live hearings on accusation­s and allow representa­tives for the accused and accuser to cross-examine the other party.

McCaul’s comments were echoed by groups and victims’ rights advocates from across the country.

“This rule abdicates the responsibi­lity to protect every student’s right to safety on campus. It tells academic institutio­ns that they needn’t bother helping to protect students; they won’t be liable,” said American Federation of Teachers President Randi Weingarten in a statement. “These changes once again demonstrat­e that students are not DeVos’ priority.”

 ?? SMITH/USA TODAY NETWORK MATTHEW DAE ?? Morgan McCaul confronts Larry Nassar in Circuit Judge Rosemarie Aquilina’s courtroom on Jan. 19. Nassar was not able to question McCaul.
SMITH/USA TODAY NETWORK MATTHEW DAE Morgan McCaul confronts Larry Nassar in Circuit Judge Rosemarie Aquilina’s courtroom on Jan. 19. Nassar was not able to question McCaul.

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