A week after U.S. Education Secretary Betsy DeVos announced a review of Obama-era guidelines on campus sexual assault, the California Legislature voted to enshrine the former president’s rules into state law. In 2011, the Obama administration established guidelines meant to spur more aggressive action against campus rape and harassment. DeVos has argued that policy does not properly protect the rights of the accused.
latimes.com By Melanie Mason
Dept.of ED.Title IX, OCR
Articles specific to Department of Education’s Office for Civil Rights and Title IX
Eighteen of the 48 Senate Democrats tweeted about Betsy DeVos’ Thursday Title IX speech. Each criticized the speech. None of the Democratic senators mentioned fairness, due process, or the presumption of innocence.
academicwonderland.com By KC Johnson
Assertions about how trauma physiologically impedes the ability to resist or coherently remember assault have greatly undermined defense against assault allegations. But science offers little support for these claims… Listen to the audio version of this article soundcloud.com: the-bad-science-behind-campus-response-emily-yoff:
theatlantic.com By Emily Yoffe This is the second story in a three-part series examining how the rules governing sexual-assault adjudication have changed in recent years, and why some of those changes are problematic. Read the first installment here, and the third one here.
So you’re a thoughtful liberal and you have friends who voted for Trump – and you know for a fact that your friends are neither bigots nor buffoons. How could they feel so desperate, politically speaking, to cast their ballots for Trump? For a sense of the answer, look no further than Education Secretary Betsy DeVos’s announcement Thursday that her department would revisit the Obama administration’s Title IX guidelines on campus sexual assault. The guidelines, she said, had “failed too many students” by radically curtailing due process. She’s right.
nytimes.com By Bret Stephens
At many schools, the rules intended to protect victims of sexual assault mean students have lost their right to due process—and an accusation of wrongdoing can derail a person’s entire college education. Many remedies that have been pushed on campus are unjust to men, and ultimately undermine the legitimacy of the fight against sexual violence.
This is the first story in a three-part series examining how the rules governing sexual-assault adjudication have changed in recent years, and why some of those changes are problematic. Read the second installment here.
theatlantic.com By Emily Yoffe
The Department of Education will change its approach to campus sexual misconduct and begin a public notice and comment process to issue new regulations. In a speech today, Betsy DeVos decried “a system run amok,” “kangaroo courts” and repeatedly emphasized the plight of the accused. In an emotional address, DeVos told anecdotes about accused students contemplating, and committing, suicide. She mentioned a controversial case in which a University of Southern California football player was expelled for what his girlfriend says was merely “playful roughhousing.”
“Are you today rescinding the Obama administration guidelines?”…”Well, that’s the intention, and we’ve begun the process to do so,” DeVos responded. “And as I’ve said earlier, in all of this discussion, it really is a process not an event.” She reiterated, “But it is the intention to move beyond that and move towards a better way.
In a major speech assailing the deprivation of due process protections under the Obama administration, Education Secretary Betsy DeVos will vow to rein in the federal guidance compelling colleges to adjudicate sexual assault disputes between students.
reason.com By Robby Soave
In a 2012 resolution agreement with the OCR, Yale became the nation’s only university required to document all sexual assault allegations on campus. The university “uses a more expansive definition of sexual assault” and “assigns complaints to general categories such as ‘sexual assault’ that encompass broad ranges of behavior.” Only 3.7 percent (1 of 27) of Yale accusers who say they were sexually assaulted reported that offense to the police. All others went to the Title IX office. Title IX tribunals function as de facto substitutes for law enforcement and only heighten the importance of their failure to provide fair procedures.
mindingthecampus.org By KC Johnson
Four members of the Harvard Law School faculty have called on the U.S. Department of Education to revise the Obama Administration’s policies enforcing Title IX in matters of sexual harassment and sexual assault on college and university campuses. “Now is the time to build in respect for fairness and due process, academic freedom, and sexual autonomy.”
law.harvard.edu Scholars: Janet Halley, Jeannie Suk Gersen, Elizabeth Bartholet, and Nancy Gertner