Secretary of Education Betsy DeVos’ decision to amend the Obama administration’s guidance regarding campus sexual assault has prompted Title IX coordinators at various universities to reassure their students that they are committed to preventing and responding properly to sexual violence… Among the 2017 new guidance’s most significant changes is allowing universities to choose a higher standard of evidence when adjudicating Title IX cases. The “clear and convincing” standard to judge accused students roughly translates to 75 percent certainty. Officials can also continue using the “preponderance” standard, a 50.01-percent certainty standard that had been mandated under Obama. The preponderance standard is one of the lowest standards of evidence that can be used to adjudicate assault claims. Some campus leaders say they will continue to use that low standard. This is a shove to the spirit of the new guidance, which was created because the preponderance standard, critics argue, has failed to adequately ensure due process rights to the accused.
thecollegefix.com By Jeremy Beaman
DoED, TitleIX, OCR
Articles specific to Department of Education’s Office for Civil Rights and Title IX
The Title IX Inquisition of today is largely the product of a small group of ideological feminists. The legal case against USC is complex and massive. There are at least nine lawsuits at the Superior Court level, all by male respondents who have contested the fairness of their sanctions. Much of the Title IX investigative/adjudicative power is concentrated in the hands of two highly biased individuals, Kegan Allee and Gretchen Means. The damage caused by their extremist politics is significant. Multiple star athletes have already been ruined by their Title IX policy…The enrollment rate for male students at USC has dropped down to ~45%, an unprecedented low, for 2016-17.
titleixforall.com By John Doe
Expert Carrie Lukas says college crime reports are difficult to examine due to differing definitions of rape, sexual assault. Most university reports adhere to the FBI Uniform Crime Reporting Statistics’ definition of rape, however, there are instances of administrations making revisions. These divergences and the subjectivity of the term “consent” can be misleading to the public. “We have to prioritize what is preventable and punishable. That means having an actual justice system responsible for investigating and prosecuting cases, and teaching young men and women to take more responsibility and take action that helps avoid bad outcomes.”
freebeacon.com By Rachel Frommer
According to a recent headline by Rasmussen Reports, “Most Americans Agree with DeVos on Sexual Misconduct Cases.” That headline however is an understatement. Respondents were asked whether they agreed or disagreed with DeVos’s statement that “Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined.” 73 percent agreed with that statement, compared to only 6 percent who disagreed, leaving 20 percent not sure how they felt about it.
thefire.org By Joe Cohn
On Oct. 4, 2017 FIRE testified at the Department of Education’s hearing on regulatory reform, which sought public input on “regulations that may be appropriate for repeal, replacement, or modification.” FIRE took yet another opportunity to ask the department to prioritize fair procedures and due process for both alleged victims of sexual misconduct and those accused of it. Read the full text of FIRE’s comments, delivered at the department’s headquarters in Washington, D.C.
thefire.org By Alex Morey
Proskauer’s Higher Education group released a report on lawsuits brought by students accused of sexual misconduct. Their report reviews 130 federal and state court complaints filed by students across the country between January 2011 and December 2016 who claim violation of their rights during a Title IX investigation.
Education Secretary Betsy DeVos formally rescinded the Obama administration’s commands that universities use unfair rules in sexual-misconduct investigations- rules that had the effect of finding more students guilty of sexual assault. And she appears also to be preparing for far more forceful due-process protections down the road…The Obama decrees flouted basic principles of sound policymaking and violated the notice-and-comment provisions of the Administrative Procedure Act of 1946.
weeklystandard.com By KC Johnson and Stuart Taylor Jr.
Stanford has joined Yale as one of the only two American universities required by the federal government to outline its campus sexual assault adjudications, and both offer grim statistics that don’t hold up to much rational analysis…Stanford’s data suggests not an epidemic but instead, a campus environment in which students (perhaps understandably, responding to a radicalized campus culture) bring allegations that are so dubious even Stanford’s procedures can’t justify a guilty finding.
mindingthecampus.org By KC Johnson
Martha MacCallum speaks with Betsy DeVos on her new directives involving sexual assault policies on campus and restoring due process. @FOXnews.com
Feminist Harvard Law Professor Janet Halley says reform is necessary and Education Secretary Betsy DeVos is starting a necessary conversation. Listen to Halley’s interview on All Things Considered @npr.org
Education Secretary Betsy DeVos vowed to replace the “failed system” of campus sexual assault enforcement, to ensure fairness for both victims and the accused. The speech, harshly critical of rules put in place by the Obama administration, was made to invited guests at George Mason University. “Here is what I’ve learned: the truth is that the system established by the prior administration has failed too many students. 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. That’s why we must do better, because the current approach isn’t working.” Read DeVos’ prepared remarks in full.
washingtonpost.com By Susan Svrluga