THANK YOU BETSY. DeVos is Defending Due Process For All
One sexual assault on a college campus is too many and is not excusable. But we also need to be diligent in protecting the rights of those accused of sexual assault in America, which wasn’t happening until Education Secretary Betsy DeVos took action. DeVos has, with courage and integrity, proposed several common-sense changes to Obama-era Title IX guidelines. The proposed regulations will make clear that Title IX requires fairness to both parties, that policies or actions that are biased would violate Title IX and that training of adjudicators avoid sexual stereotypes. The change would order schools to make available training materials to students who request them. (There has been secret training of adjudicators to believe accusers even in the face of discrediting evidence, bans on meaningful cross examination and the concealment of exculpatory evidence in TitleIX cases.) New guidance would suggest a written report summarizing both incriminating and exculpatory statements. When determining guilt, schools would be permitted to choose between a “preponderance of evidence” standard of proof (a more than 50 percent likelihood that the defendant is guilty) and a “clear and convincing” standard (75 percent)
There have been more than 100 federal and state decisions in which universities found themselves on the losing side in suits brought by students so “convicted” of sexual assault. These common-sense suggestions are grounded in the finest principles of American law. Yet all of these changes have been vigorously attacked by radical feminists and the same cabal that sought to destroy Supreme Court Justice Brett Kavanaugh.
gainesville By Edward B. Harmon
