In a significant policy shift, Education Secretary Betsy DeVos has introduced new regulations concerning sexual misconduct on college campuses that aim to enhance protections for the accused. This move comes as a response to previous guidelines established during the Obama administration, which had emphasized the rights of victims and mandated greater accountability from educational institutions.
Key Changes in the Proposed Framework
Under the proposed framework, schools will only be obligated to investigate sexual misconduct allegations that occur on campus and are reported to designated authorities. Furthermore, DeVos seeks to redefine sexual harassment, narrowing the criteria to behaviors deemed “so severe, pervasive, and objectively offensive that they deny an individual access to the school’s educational programs or activities.” This redefinition potentially allows individuals accused of misconduct to evade accountability by downplaying their actions, suggesting they were not serious, or labeling them as mere “banter.”
In contrast, the Obama-era guidelines provided a more comprehensive definition of sexual harassment, encompassing unwelcome sexual advances and other related conduct. Additionally, the new regulations stipulate that institutions are no longer required to investigate incidents occurring off-campus, despite the likelihood of significant offenses happening at social gatherings nearby. Victims are also required to file reports with officials who possess the authority to implement corrective measures, rather than individuals like resident advisors, with whom they may feel more comfortable discussing their experiences.
Concerns and Criticism
The decision to establish standards for the “preponderance of evidence” or “clear and convincing” evidence rests solely with the schools, which also control whether an appeals process is available. While DeVos has expressed her intention to support victims by saying that the previous administration’s approach failed many students, critics argue that her actions prioritize the rights of the accused over the needs of survivors.
One concerned individual, who goes by the name of Emily Carter, articulated the sentiment shared by many, stating, “This shift seems to push actual victims further away from seeking justice and assistance. It’s disheartening to witness such a reversal in policy.”
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Conclusion
In summary, Betsy DeVos’ new regulations surrounding campus sexual misconduct are controversial, favoring the accused while potentially undermining victims’ rights and access to justice.