DeVos proposes overhaul to campus sexual misconduct rules

LEAH MILLIS  REUTERS  Newscom

"Under Obama, it was defined it as 'unwelcome conduct of a sexual nature.' The new rule would define sexual harassment as unwanted sexual conduct that is 'so severe, pervasive and objectively offensive that it denies a recipient's education program or activity'".

Under DeVos's new plan, colleges would only be required to investigate allegations that occur on campus, somewhere owned by the school, or at a school-funded event. Some colleges complained that the rules were too complex and could be overly burdensome.

"By taking the rights of both complainants and accused students seriously, these proposed regulations make important strides toward ensuring that complaints of sexual misconduct will be neither ignored nor prejudged", said Samantha Harris, vice president for procedural advocacy at the Foundation for Individual Rights in Education. "It promises schools that if they follow specific, very minimal steps, then they can not be found liable for violating Title IX, and it sets an astonishingly low set of expectations".

Ms DeVos said: "Every survivor of sexual violence must be taken seriously, and every student accused of sexual misconduct must know that guilt is not predetermined".

DeVos' plan is also likely to cut down on actions taken by the Education Department, which can penalize schools for failing to uphold Title IX. The focus did not shift toward sexual assault victims until 1997, when "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" was published in the Federal Register, according to a 2001 Revised Sexual Harassment Guidance issued by the Office for Civil Rights.

"These rules further protect abusers in a system that is already rigged in their favor and dramatically reduce requirements that schools protect their students", Thomas warned.

Anderson defeated Nishikori in the Final tournament ATP
Former US Open finalist Nishikori was at a loss to explain his performance, saying: "I played one of the worst matches this year". "There were some lucky points but I played well today", said Nishikori. "I don't even know why I didn't play well".

"I think we were all expecting more structure around expectations related to due process and more narrowly defined definitions than what had been out there before", she said. The proposal raises the bar for proving that failure, saying schools must be "deliberately indifferent" to be held legally liable. Saunie Schuster, a lawyer who advises a range of colleges, says the vast majority of complaints arise off-campus and would no longer need to be addressed by schools, although colleges could still go beyond minimum requirements. "That starts with having clear policies and fair processes that every student can rely on".

But supporters say the proposal does a better job providing equal treatment to all students. We are now reviewing the Department of Education's proposed rules.

The definition of sexual misconduct that administrators would be obligated to investigate would be narrowed, reflecting frustrations from right-wing politicians at the Obama administration's interpretation of federal gender-based protections under Title IX.

DeVos is likely to be questioned by Democratic lawmakers on her rule changes on sexual assault. Though the guidance officially noted that schools can choose between either standard, they cannot have the lower standard in place for students if "clear and convincing evidence" is required for accusations against faculty members and employees.

It also allows schools to use a higher standard of proof to determine if a student should be found responsible for misconduct.

Education secretary Betsy DeVos said the proposals are created to ensures fairness for students on both sides of accusations, while offering schools greater flexibility to help victims who don't want to file formal complaints that could trigger an investigation.

Related News:



Most liked

Mithali Raj Misses India-Australia World T20 Clash Due to Injury
Meanwhile, Meg Lanning's Australia will also be eager to keep their winning momentum going. Mithali Raj left behind Rohit Sharma and Virat Kohli to score the most runs in T20Is.

Amazon launches Seven Days of Black Friday Deals
All seasonal sales will be starting on Friday, November 16to Friday, November 23 (Black Friday), while supplies last. Shoppers can view Amazon's Early Black Friday deals page here.

Ronald Koeman says Netherlands have taken enormous steps after France win
Wijnaldum broke the deadlock just a minute before halftime with his 10th global goal in his 52nd appearance for the Netherlands . Lloris made a host of top saves to stop a thrashing - but Memphis Depay's dinked penalty in injury time made sure of the win.

Blockade Chaos: French Protest Rising Fuel Prices in Paris
According to French media reports , the protesters reportedly knocked on her auto as she tried to take her daughter to hospital. In the northern town of Hazebrouck, a lorry driver mounted a pavement and injured two protesters.

Japan's minister of cybersecurity has never used computer
Opposition lawmaker Masato Imai responded, "I find it unbelievable that someone who is responsible for cybersecurity measures has never used a computer".

New Zealand beat Australia to host
New Zealand will host the 2021 women's Rugby World Cup , or to be more accurate Auckland and Whangarei . We've been thinking about this for a year, we've got a team that's put forward a really good bid.

Gordon Hayward willing to make sacrifice to help spark Celtics' offense
There aren't many people out there who figured the Boston Celtics would be 7-6 after the first 13 games of the season. The Celtics have won six straight home games against the Bulls over the last three regular seasons.

Uber suffers net loss of Dollars 939 mln in Q3
He emphasised the "high-potential markets in India and the Middle East where we continue to solidify our leadership position". Bookings rose 6% from the previous quarter to $12.7bn, marking the third quarter in a row they have grown in single digits.

NFU responds to climate change report
The Government needs to prepare the countryside for climate change , according to a new report out today (15 November ). We must also improve the resilience of the land to climate change .

Aston Martin reveals name of first SUV
Becker said: "As an engineer, it's genuinely exciting to get a feel for the vehicle you're working to create". Based on dealer reports, the DBX is expected to start at 170,000 pounds ($221,615), Warburton said.

P Diddy's Ex Model- Girlfriend, Kim Porter Found Dead
Kim Porter's final public appearance saw her celebrating the release of her son's new movie with her exes Diddy and Al B Sure . Kim and Diddy dated off-and-on-again between 1994 and 2007-2008 (circa the birth of their twins).

Jennie-O Recalling Ground Turkey in Salmonella Outbreak 16 November 2018
According to the federation, almost 88 percent of Americans surveyed by the federation eat turkey at Thanksgiving. The products subject to recall bear establishment number "P-190" inside the USDA mark of inspection.

Honda Passport Global Debut in Los Angeles
After rumors swirled at the start of 2018 over a reborn Honda Passport , the brand has confirmed the nameplate's revival. The original SUV was actually a re-badged Isuzu Rodeo, itself a truck-based five-seat SUV.

All-new Toyota Corolla revealed
Sales in the United States and Europe are scheduled to start sometime around the middle of 2019. Toyota hopes that with these features, the Corolla can help more people to drive safer.

Amazon’s massive Black Friday sale officially starts right now
Plus, it's a bargain if you've been thinking about expanding your Alexa devices into more rooms in your house. To put that into perspective, that's just $20 over the normal retail price of ONE Echo Dot .