Education Secretary Betsy DeVos’ plan to modify federal policy related to sexual misconduct on college campuses received almost 103,000 replies during the 60-day public comment period.
The controversial proposal received 20 times more responses than what is typical for major regulatory plans, an official with the American Council on Education told the Washington Post. Among those who commented were universities, women’s groups, students, and attorneys representing people accused of misconduct.
Among other things, DeVos’ proposal would redefine sexual assault as “unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the school’s education program or activity,” a significant departure from the broader Obama administration definition that characterized sexual assault as “unwelcome conduct of a sexual nature.”
The proposal would also allow students to cross-examine their accusers through a lawyer or representatives, and investigations would only be launched into alleged incidents if they occurred on campus or during a school-sponsored event.
“The fundamental focus from my perspective is ensuring that we are being fair and balanced for all students,” DeVos said Wednesday.
Some vocalized their criticism of the proposed changes and argued it would not safeguard students from sexual harassment.
“I was a victim of campus sexual harassment,” one person wrote in their submission to the Federal Register. “It is clear the proposed rules would not protect students from sexual harassment.”
But others welcomed the changes and argued that it would be more fair to students.
“From the bottom of my heart — Thank you for making Title IX changes which will be fairer to accused students and their schools,” another submission said.
The proposal was officially unveiled in November, and DeVos will ultimately determine whether the rule is adopted. However, Congress has the ability to overturn her decision. Failure to follow Title IX regulations could cost schools and universities federal funding.
