Education Secretary Betsy DeVos is working on a raft of new campus sexual misconduct policies that would strengthen the rights of accused students and reduce the legal exposure of higher education institutions, while also promoting more school-based support for victims, according to a report.
Among the most notable changes proposed by DeVos’ department is the adoption of a narrower definition of sexual harassment borrowed from Supreme Court rulings in the area, the New York Times reported Wednesday. Under the new definition, institutions will only be accountable for complaints relating to incidents on campus filed through established procedures so administrators have “actual knowledge” of the situation.
DeVos’ reforms would also be legally enforceable without the need for congressional action following a public comment period, the Times added. This is different from the guidance provided by the Obama administration, which critics claimed placed an unfair burden on the accused and schools.
[Opinion: Betsy DeVos appears poised to improve Title IX guidelines]
The rules would additionally mandate that institutions probe allegations in a manner such that the accused is able to maintain their innocence until proven guilty. Similarly, schools wouldn’t open themselves up to liability if they offer victims “supportive measures.”
But the regulations could be amended before they are formally published and circulated, the New York Times reported.
Education Department spokeswoman Liz Hill told the Washington Examiner the department was “in the midst of a deliberative process.” “Any information the New York Times claims to have is premature and speculative, and therefore we have no comment,” Hill wrote in an email.
The floated reforms come after the Trump administration in September rescinded Obama-era guidance on how campus sexual misconduct allegations are investigated, issuing a question-and-answer document in its place while the Education Department conducted a review of Title IX responsibilities and compliance. Title IX is the federal civil rights law that protects students against sex discrimination.
The report covering the suggested new policies follows a series of misconduct scandals, including at Ohio State University and Michigan State University in 2018 alone.
