Education Secretary Betsy DeVos sent advocates for rape survivors into a panic with her proposed reforms to the Obama-era rules on campus sexual assault. But based on my three-plus years of experience at college, her plan seems like just what we need.
Fortunately, neither I nor any of my friends have had to go through the investigation process prescribed by Title IX, the federal law regarding gender equality for college campuses. As freshmen, we were required to go to multiple lectures and trainings for recognizing and reporting sexual assault. Anyone who is a board member for a student organization must attend a half-day “bystander training” in addition. Although, Georgetown has had controversy in dealing with sexual assault cases, like the “I Stand With Willa” case back in 2015.
I remember one time during sophomore year, I was walking home too late at night. I was headed to a short stretch of campus where it was shadowy and deserted. (Sorry, Mom.)
As I walked along, a man passed me on his bike. I noticed that instead of making a direct line across the courtyard we were both crossing, which would made him pedal directly next to me, the guy hugged the perimeter. Evidently he made a wrong turn, and when he flipped around and passed me again, he shouted out “Sorry! I promise I’m not trying to stalk you!”
As a 5-foot-tall girl who has literally no intimidating features, I appreciated the transparency, but at the same time I felt bad for this guy. A random stranger, who literally did nothing wrong except forget which way was left, felt the need to make sure I knew he wasn’t a creep.
It is not a “Georgetown thing” that has girls feeling let down, and boys afraid of being labeled perpetrators.
DeVos’ speech was filled with emotional stories about professors and administrators who felt restricted by the previous administration’s policy; about victims that were never given a fair trial; and about survivors of sexual assault who felt abandoned by their administration. She explained:
Here is what it looks like: A student says he or she was sexually assaulted by another student on campus. If he or she isn’t urged to keep quiet or discouraged from reporting it to local law enforcement, the case goes to a school administrator who will act as the judge and jury.
The accused may or may not be told of the allegations before a decision is rendered. If there is a hearing, both the survivor and the accused may or may not be allowed legal representation. Whatever evidence is presented may or may not be shown to all parties. Whatever witnesses — if allowed to be called — may or may not be cross-examined. And Washington dictated that schools must use the lowest standard of proof.
DeVos emphasized that the system needs to improve on how it handles cases, and how it treats both those speaking up and those accused.
She cited a proposal that would have schools rely on a group of “professionally-trained experts” that “cooperates with local law enforcement and has access to resources” to gather evidence. This would ensure that “students are not charged by school-based tribunals on the basis of hearsay or incomplete evidence” and that survivors do not bear “the burden of ensuring” schools follow through on sexual assault cases.
Advocates for sexual assault survivors are suspicious of the changes DeVos plans to make. They feel that heightening the standard of proof places even more burdens on victims, burdens that they fought so hard to remove with the Obama-era policies. One article, co-written by an attendee at DeVos’ meeting with survivors, explained that the policy will be based on “an unrepresentative portion of the feedback she’s received.”
However, Lara Bazelon, a contributor for Politico Magazine, wrote an editorial explaining why DeVos’ plan could actually be a step in the right direction.
Bazelon noted that the Obama policies victimized another group of students in addition to survivors: students “deprived” of due process and their rights to a fair defense. She stressed that incompetent and unfair processes “leach the meaning from the words ‘sexual assault’ and destroy lives in the process.”
I agree with Bazelon wholeheartedly. We cannot continue to have sexual assault be something that is dealt with in hushed tones, with repressed reports, with silent settlements. Schools can’t just make things go away silently or use cases to make themselves look more responsible. Every false or mishandled case hurts the claims of every legitimate survivor who is trying to get justice.
Each case needs to be discussed out in the open, of course allowing for the privacy of those involved, in order to legitimize the claims of those sexually assaulted and to ensure justice is actually dealt. By improving the standards for sexual assault cases, and making these procedures closer to actual judicial processes, we do just that.
Now, is it guaranteed that this program will be perfect, or even marginally more improved than the previous one? No. But DeVos has a shot to make it better, and I pray she gets it right for everyone’s sake.
Gabriella Muñoz is a commentary desk intern with the Washington Examiner and a student at Georgetown University. If you would like to write an op-ed for the Washington Examiner, please read our guidelines on submissions here.
