Will Betsy DeVos remove schools’ Title IX power to adjudicate off-campus sexual misconduct?

Any day now, the Department of Education will release its finalized adaptation of Title IX protocols, dictating how colleges handle sexual assault and harassment. Although the rules will likely match most of the stipulations released by Education Secretary Betsy DeVos last year, the final code is rumored to nix her earlier proposal to remove all off-campus allegations of sexual assault or harassment from the jurisdiction of Title IX inquiries.

Asked about the controversial stipulation by the Washington Examiner in an hour-long editorial meeting, DeVos had this to say:

Well, I’m going to hesitate getting too far into the provisions of our draft rule because we haven’t submitted the final one yet. But let me just say that I felt it was really important that the rule clearly define where the school’s responsibility begins and ends legally. If schools want to extend that beyond what their requirements are, they are certainly open to do that. But I think, with the regulation around this, it has to be clear for higher ed institutions what their responsibilities are and the [2011 Obama administration] Dear Colleague letter was very, very broad, very – all-encompassing, and clearly, also, was not evenly balanced for all students. And so, the fundamental goals of the rule are to ensure fairness for everyone involved and a clear description of area of responsibility. It will be up to campuses and institutions to decide if they want to extend and go beyond that.


Critics of DeVos’s removal of off-campus allegations from Title IX’s jurisdiction argued that that it would preclude assaults in fraternity houses or during off-campus activities and conferences from federally mandated adjudication. If DeVos’s answer to our inquiry was any indication, she’s more interested in creating hard guardrails on Title IX’s reach than in finding the most literal interpretation of Title IX.

Only time will tell, but those rumors that she’ll reverse the off-campus stipulation didn’t seem to match DeVos’s carefully worded perspective.

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