New DeVos Title IX rules still make universities adjudicate rapes at recognized fraternity houses

Published May 6, 2020 5:07pm ET



Education Secretary Betsy DeVos spent three years fielding comments and concerns about the Trump administration’s attempt to overhaul the Obama-era “Dear Colleague” guidance for Title IX, and a crucial modification from her initial proposal goes to show it.

Sexual assault victim advocates were rightly concerned by one of the most controversial stipulations from DeVos’s initially proposed Title IX guidelines, namely that federally mandated sexual assault and harassment investigations would be restricted to an “education program or activity” of the accused. As originally written, this would mean that if an assault occurred off-campus, where 9 out of 10 college students live, schools would have no obligation to investigate it.

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