BETSY DeVos Upholds Basic Constitutional Rights In Title IX Rule
U.S. Education Secretary Betsy DeVos last month released the department’s final reforms governing campus sexual misconduct investigations. The revisions have been years in the making, and they are arguably the most important, and lasting, mark of DeVos’ tenure.
Upon release, DeVos clearly explained the rationale behind the new rule: “Today, we announce a final rule that recognizes we can continue to combat sexual misconduct without abandoning our core values of fairness, presumption of innocence and due process.”That’s what these reforms are all about. Despite the hysterical and predictable response from DeVos’ detractors, the changes to these guidelines are not rooted in politics. Rather, they seek to uphold these basic constitutional rights on college campuses.
And it’s not just the Education Department pushing for these changes. The courts have also started demanding it, as more students accused of wrongdoing (usually young men) sued their universities after they got kicked off campus without getting a fair hearing. “This new Title IX regulation reflects Secretary DeVos’ commitment to ensuring that every survivor’s claim of sexual misconduct is taken seriously, and every person accused knows that guilt is not predetermined,” the department stated.
A few key provisions in the new rule:
►It defines sexual harassment “to include sexual assault, dating violence, domestic violence and stalking as unlawful discrimination on the basis of sex.”
►It provides a “consistent, legally sound framework on which survivors, the accused and schools can rely.”
►It holds colleges “responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities.”
►It upholds all “students’ right to written notice of allegations, the right to an adviser, and the right to submit cross-examine and challenge evidence at a live hearing.”
►It requires schools to “select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard — and to apply the selected standard evenly to proceedings for all students and employees, including faculty.”
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