Biden administration proposes to review campus sexual assault rules

The Byden administration proposed a dramatic review of campus sexual assault rules on Thursday to extend LGBTQ student protection, strengthen victims' rights and sex. Expanded the university's responsibility to deal with illegal activities.

Title IXThe proposal, announced on the 50th anniversary of the Women's Rights Act, replaces a series ofcontroversial rules. AimedIssued during the Trump administration by Secretary of Education Betsy DeVos.

In announcing the proposal, Biden's Department of Education stated that Devos's rule "weakened the protection of survivors of sexual assault and weakened the promise of non-discriminatory education."

For the first time, the rules formally protect LGBTQ students under Title IX. Nothing in the 1972 law explicitly addresses this topic, but the new proposal makes it clear that the law applies to discrimination based on sexual orientation and gender identity. According to the

department, it is clear that "preventing someone from participating in a school program or activity that matches gender identity is harmful in violation of Title IX." More specific rules dealing with transgender student rights in school sports will be announced later, the ministry said.

President Joe Biden's Secretary of Education, Miguel Cardona, said Title IX is "immeasurable" in the fight against sexual assault and violence in education.

"In celebrating the 50th anniversary of this groundbreaking law, the proposed changes will continue to make progress, regardless of where you live, who you are, or who you love. , We can secure students of all nations. We can study, grow and prosper at school. "

This proposal is almost certain to be challenged by conservatives, and a new court battle over transgenderrights{35 It is expected to lead to }. School, especially sports students.

This action is in response to a request from defenders of the victims who wanted to announce a new rule to Biden by the anniversary of Title IX, which bans gender discrimination in schools and colleges. I will respond. Proponents say DeVos's rules are overkill in protecting students accused of sexual misconduct at the expense of victims.

As presidential candidate, Biden promised a swift termination of theDeVos rule, saying that he "ashamed the survivors and silenced them."

Many of the proposed changes indicate a return to the Obama-era rules that DeVos' policies have replaced.

The definition of sexual harassment has been extended to cover a wider range of illegal activities. Schools need to deal with any illegal activity that creates a "hostile environment" for students, even if the illegal activity occurs off campus. Most university employees should notify campus staff when they become aware of potential sexism.

In the victory of the victim's advocates, this proposal eliminates the rule requiring the university to hold a live hearing to determine cases of sexual misconduct. This is one of the most divisive aspects of DeVos policy. Although the new policy allows live hearings, universities can appoint campus "decision makers" to evaluate evidence and assess student credibility.

Once the proposal is complete, it will be the second rewrite of the Federal Title IX Rule in two years. DeVos's rules were themselves intended to overturn the guidance of the Obama era. Obama's policy was accepted by the defenders of the victims, but hundreds of proceedings from accused students who said their college could not give them a fair process to protect themselves. It led to.

With whiplash, many schools are struggling to adopt constantly changing rules. Some people are looking for a political midpoint to protect students without encouraging new rules each time the White House changes power.

"It's not in anyone's interest to have this ping-pong effect of changing the rules every five years," said Campus Security Consultant and President of Education Campus Safety Advisors. S. Daniel Carter says. "It's not a good way to get things done. It's very difficult for everyone involved."

DeVos's rule is to ensure the defendant's right to constitutional due process. With an emphasis on, the university has dramatically reshaped the way it handles allegations of sexual assault and harassment.

Under her rules, accused students are given broader rights to review and respond to evidence against them, and students have the right to cross-examine each other through representatives in live hearings. Had

The requirement for a live hearing was praised as a victory for the accused student, but led to fierce opposition from other supporters who said the victims were forced to relive the trauma. I did.

DeVos has also reduced the university's obligations in responding to complaints. Her policy narrowed the definition of harassment and reduced the types of cases the university had to deal with. As a result, the number of Title IX complaints from students has dropped sharply on some campuses.

For example, in her rule, the university investigated most complaints that occurred off-campus unless the alleged misconduct was "serious, widespread, and objectively offensive." There is no need to take any action against the complaint.

The overhaul was partly intended to ease the burden on the university to mediate complex cases, but some say that in the end more work was added.

Some university leaders say the DeVos rules are too prescriptive, forcing them to turn the campus discipline system into a miniature court. Many schools continue to deal with all sexual misconduct complaints, even if they do not meet the narrowed definition of harassment, but need to set up a separate disciplinary process to handle those cases. had.

Both supporters say it can be confusing for students.

"It shouldn't be. It should be more uniform. That's why Title IX regulations came into force," said Kimberly Lau, a New York lawyer representing students. Said. For title IX.

In:
• Sexual Harassment
• Title IX
• Gender
• Joe Biden
• Sexual assault
• Citizenship
• Miguel Cardona
• Crime