NEW TITLE IX Proposal Would Restore Fairness in Sexual-Misconduct Cases
Thank God for Betsy DeVos. With the release on Friday of the proposed new rules for adjudicating campus sexual-misconduct cases, the education secretary has taken an important step toward restoring common sense and sanity in how these cases are handled. My firm has represented more than 100 students and professors at more than 80 institutions across the country —we have seen both sides of this issue. And I can say, without qualification, that these rules would be a significant step forward for both sides. First, the accusers: In our experience, they don’t always want to punish the accused. The Obama administration gave accusers essentially two options — do nothing, or commit to the total Title IX process. Alternative forms of resolution were falsely equated with sweeping sexual assault under the rug. The new proposed rules would, fortunately, change this. And in so doing, they would return agency to the accuser. The news for the accused is also heartening. First, the new rules would require colleges to permit cross-examination by a party’s adviser. If you accuse someone of a terrible thing, he or she should have the right to question you, effectively, about that. The second hugely significant change is the requirement that colleges hold live hearings on sexual-misconduct allegations. To be sure, no system designed or run by human beings is perfect. The Obama administration put its thumb entirely on the accusers’ side of the scale, because they were more interested in fighting a culture war than being fair. (“Due process matters” is a decidedly less catchy rallying cry than “start by believing.”) The new proposed rules, by contrast, may be the most balanced thing I have seen come out of the Trump administration, and Secretary DeVos should be applauded for her courage. If put in place, the rules will finally begin to restore sanity to a process that too often shortchanges both sides of a difficult issue.
chronicle By Justin Dillon
