DEMS AIM To Block DeVos’ Title IX Rule Changes

U.S. Rep. Elissa Slotkin, D-Holly, proposed legislation to stop Education Secretary Betsy DeVos from advancing rules that critics say could hurt efforts to fight sexual harassment and assaults on college campuses. Slotkin is one of three members of the Democratic majority in the U.S. House pushing a bill that would prevent the Education Department from implementing proposed rule changes to Title IX, the regulation that sets policies on sex discrimination and assaults at educational institutions receiving federal funds. DeVos last year proposed changes to Title IX in response to those made years earlier during President Barack Obama’s administration to force colleges and universities to take a stronger approach to handling accusations of sexual assault and harassment.

The proposed rule changes would require institutions to provide due process protections to accused students, including putting the burden of proof on schools and allowing cross-examination of the parties. This directly contrasts with the Obama-era “Dear College” letter that discouraged schools from allowing parties to question each other during a sexual misconduct hearing because it could be traumatizing to the victim. When DeVos announced the changes in December, she said in a statement her focus was to condemn sexual violence and punish those responsible while “ensuring a fair grievance process.” No stranger to criticism since taking office, she’s stood by her position on Title IX regulations.

During a speech at the Independent Women’s Forum Annual Awards Gala in November, DeVos criticized the process established under the Obama administration’s guidelines, telling attendees it’s “no wonder so many call these proceedings ‘kangaroo courts. Our proposed rule recognizes that we can continue to combat sexual misconduct without abandoning due process,” DeVos said. “Some mischaracterize these reforms as tilting the scales of justice, but we believe they simply balance them.”

The Department of Education was tasked with reviewing public comments on the rule and has yet to publish the final regulation. The release is expected in the next few weeks because the Office of Management and Budget has meetings scheduled at the end of January to discuss the matter.

freep.com-T. Spangler newsweek.com-J. Fink

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