Betsy DeVos set to change sexual assault definition to limit the cases that schools can investigate

(source: CNN)

Education Secretary Betsy DeVos released on Friday (Fri. Nov. 16, 2018) her proposed changes to Title IX rules pertaining to campus sexual harassment and assault allegations. In effect, it would limit the cases that schools must investigate and would give accused students more rights, such as cross-examination of their victim.

She announced that these changes aim to fix a “failed” and “shameful” system that she feels has been treating accused students unfairly.

The proposal is set for release before Thanksgiving and would replace the Obama-era guidelines from 2011. The new rules would reduce liability for universities, narrow the definition of sexual harassment, and allow institutions to set higher standards for what qualifies as sexual harassment and assault.

The proposal came under fire immediately by women’s rights groups and Democrat lawmakers who denounced it for making women less safe on college campuses, and criticized the fact that schools and assailants would be able to avoid liability for harassment and assault.

However, others have come out in support of the proposed changes and claim that it will restore balance in a system that was unfairly skewed in favor or accusers, to the detriment of due process.

DeVos said she wants to create a more balanced system that works better for everyone involved and is more transparent.

“We can, and must, condemn sexual violence and punish those who perpetrate it, while ensuring a fair grievance process. Those are not mutually exclusive ideas,” she said.

John B. King Jr., who served as education secretary in the Obama administration, said on Twitter.“I am dismayed with the Trump administration’s cruel proposal that will have the effect of putting power in the hands of abusers & dissuading survivors from coming forward.”

In fact, the most controversial part of the proposal is the way it would allow attorneys for accused students to cross-examine accusers. According to some, this would allow some students to hire highly paid attorneys that would grill students, which may dissuade them from coming forward in the first place.

Betsy DeVos’s full speech on Title IX and campus sex assault. NBC News.

The proposal prompt Rep. Maxine Waters, D-Calif., to tweet, warning DeVos that she “won’t get away with what you are doing.”