In an effort to rein in “a system run amok,” the Trump administration on Friday replaced Obama-era guidelines for investigating campus sexual assault allegations with temporary policy which will remain in place until the Department of Education conducts a review of responsibilities and compliance under Title IX.
According to Education Secretary Betsy DeVos, the existing rules did not provide adequate due process.
The Department of Education issued a question-and-answer document which will serve as an interim guide for schools when they are investigating assaults under the 45-year-old Title IX law. Schools will now be allowed to select which set of standards they want to apply when investigating an assault.
“This interim guidance will help schools as they work to combat sexual misconduct and will treat all students fairly,” DeVos said in a statement Friday.
“Schools must continue to confront these horrific crimes and behaviors head-on,” said DeVos. “There will be no more sweeping them under the rug. But the process also must be fair and impartial, giving everyone more confidence in its outcomes.”
DeVos had announced earlier this month that she planned to overturn the guidelines. In a speech at George Mason University, DeVos criticized the current process of investigating sexual misconduct at higher education institutions as “a system run amok.”
The temporary policy urges college administrators to ensure that “any process made available to one party in the adjudication procedure” be made “equally available” to the other party.
“Schools are cautioned to avoid conflicts of interest and biases in the adjudicatory process and to prevent institutional interests from interfering with the impartiality of the adjudication,” the document reads.
The new guidelines replace a 2011 directive by the Obama administration that became known as the “Dear Colleague Letter,” regarding the enforcement of the Title IX law.
The letter required colleges to independently investigate sexual assault cases even if there was an ongoing criminal investigation. The policy also allowed for suspects to be found guilty in college investigations on the basis of whether the act was “more likely than not.”
In a letter rescinding the 2011 policies, DeVos wrote that they “led to the deprivation of rights for many students — both accused students denied fair process and victims denied an adequate resolution of their complaints.”
Critics took to Twitter to accuse the Trump administration of putting the “concerns of abusers over surviors,” and to insult DeVos.
Today, the Trump administration put the concerns of abusers over survivors. Again.
Secretary of Education Betsy DeVos at the Eisenhower Executive Office Building in Washington on Monday.
Betsy DeVos Reverses Obama-era Policy on Campus Sexual Assault Investigations
The Education Department said colleges may use a higher standard of evidence before finding an accused student responsible, which could make it harder to prove claims.
Betsy DeVos just signaled once again that she's not going to do a thing to protect student survivors' right to education.
Kim Jong Un has done more for American education system than Betsy DeVos.#dotard
Officials from the Education Department plan to craft new guidelines via meetings with stakeholders and various university officials in which they will discuss the best practices for investigating and adjudicating “peer-on-peer harassment and sexual violence,” according to a statement.
“In the coming months, hearing from survivors, campus administrators, parents, students and experts on sexual misconduct will be vital as we work to create a thoughtful rule that will benefit students for years to come,” DeVos said. “We also will continue to work with schools and community leaders to better address preventing sexual misconduct through education and early intervention.”