The Trump administration on Friday rescinded Obama-era guidance on investigating campus sexual assault allegations, issuing a question-and-answer document in its place while the Education Department conducts a review of Title IX responsibilities and compliance.
“This interim guidance will help schools as they work to combat sexual misconduct and will treat all students fairly,” said Education Secretary Betsy DeVos. “Schools must continue to confront these horrific crimes and behaviors head-on. There will be no more sweeping them under the rug.”
The announcement builds on remarks DeVos delivered earlier this month at George Mason University, during which she decried current processes of investigating sexual misconduct at higher education institutions as “a system run amok.”
“One rape is one too many. One person denied due process is one too many,” DeVos had said during an appearance that attracted swarms of protesters.
Education Department officials plan to meet with stakeholders and various university officials to discuss the best path forward for investigating and adjudicating “peer-on-peer harassment and sexual violence,” according to a statement.
“In the coming months, hearing from survivors, campus administrators, parents, students and experts on sexual misconduct will be vital as we work to create a thoughtful rule that will benefit students for years to come,” DeVos said. “We also will continue to work with schools and community leaders to better address preventing sexual misconduct through education and early intervention.”
The temporary Q&A issued by the department on Friday outlines the government’s current expectations for colleges and universities dealing with allegations of sexual misconduct. For instance, the temporary guidance urges college administrators to ensure “any process made available to one party in the adjudication procedure should be made equally available to the other party.”
“Schools are cautioned to avoid conflicts of interest and biases in the adjudicatory process and to prevent institutional interests from interfering with the impartiality of the adjudication,” the document reads.
The department also rescinded the Obama administration’s “Dear Colleague” guidance letter that critics claim placed an unfair burden on the accused. DeVos said the 2011 letter “required schools to adopt a minimal standard of proof … in administering student discipline” such as suspension or expulsion to students accused of sexual misconduct.
“As I said earlier this month, the era of rule by letter is over,” she said. “The Department of Education will follow the proper legal procedures to craft a new Title IX regulation that better serves students and schools.”
