Thread: US to overhaul university campus sexual assault policy

The US education department is planning to rewrite Obama-era rules on sexual assault on university campuses, Education Secretary Betsy DeVos says.



She said any new guidance on sexual assault must take into account both the rights of victims and the accused.

The move signals a shift in how universities enforce Title IX, the federal law barring discrimination in education based on gender.

Current rules will remain in place until a full review is conducted.

The Obama-era rules have sparked debate in recent years in how universities handle the use of Title IX in sexual assault cases.

"The era of 'rule by letter' is over," Mrs DeVos said on Thursday, referring to the Obama administration guidance from six years ago.

The Department of Education's Office for Civil Rights (OCR) sent a letter to school districts college and university administrators in 2011, pushing them to combat sexual harassment and sexual assault.

The 19-page letter, which began with the words "dear colleague," contended that sexual violence falls under sexual harassment, which is prohibited under Title IX.

It said the government would withhold federal funding from schools found to be mishandling sexual assault complaints.

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Women's rights advocates praised the move as a major step in combating sexual violence, but critics said it had violated the due process rights of the accused.

During a speech at George Mason University in Virginia, Mrs DeVos called the Obama-era guidelines a "failed system" that had done a "disservice to everyone involved".

"Instead of working with schools on behalf of students, the prior administration weaponised the Office for Civil Rights to work against schools and against students," she said.
Media captionJulia Dixon filed a complaint against her university for the way it handled her sexual assault case

She said the definition of sexual assault was too broad and that too many cases involved "students and faculty who have faced investigation and punishment simply for speaking their minds or teaching their classes".

Mrs DeVos, however, noted that acts of sexual misconduct are "reprehensible, disgusting, and unacceptable".

"Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined," she continued. "These are non-negotiable principles."

She said she would seek public input from colleges and universities in replacing the rules with a new policy.

The announcement sparked outrage among advocacy groups for sexual assault victims.
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Fatima Goss Graves, president and CEO of the National Women's Law Center, told the AP news agency Mrs DeVos' remarks "signal a green light to sweep sexual assault further under the rug".

Meanwhile, advocates for the accused hailed Mrs DeVos' announcement.

"Six and a half years of this failed policy have left us with a system that victims still don't trust and that the accused have every reason to believe is stacked against them," said Robert Shibley, the executive director of the Foundation for Individual Rights in Education.

"It's time to rescind the 'Dear Colleague' letter and replace it through the lawful regulatory process so that everyone can have a say."

US to overhaul university campus sexual assault policy - BBC News

^ disgraceful.

one can hope that this will motivate college aged women to vote in 2018 and 2020.

Originally Posted by Looper

Education Secretary Betsy DeVos

doesn't have a degree in education
has never been a teacher
never attended public school
her children never attended public school
believes in creationism
thinks that education reform is a way to "advance god's kingdom"


her family has, however, donated $200 million to republicans.

Why is Betsy DeVos, Trump's pick for education secretary, so unpopular? - BBC News
https://www.forbes.com/sites/danalex.../#7d0e0c81ac91

Of course, sexual assault, abuse, and dometic violence is wrong, but let's not jump to conclusions without evidence.

This case is one example:

Trojans' expulsion of kicker Matt Boermeester stayed by L.A. judge

• 
  Kyle BonaguraESPN Staff Writer

Former USC Trojans kicker Matt Boermeester's request to stay his expulsion from the university was granted in Los Angeles Superior Court on Friday, but he is still banned from campus and cannot re-enroll in classes this semester, according to the Southern California News Group.

A trial on his petition to overturn the expulsion, filed last month, is scheduled for Jan. 3.


On Thursday, Education Secretary Betsy DeVos, in a speech on campus sexual assault at George Mason University, called Boermeester's suspension a "disturbing case" and an example of a "failed system."

"The young woman repeatedly assured campus officials she had not been abused nor had any misconduct occurred," DeVos said. "But because of the failed system, university administrators told her they knew better."

Boermeester's attorney, Mark Hathaway, made reference to DeVos' remarks during Friday's hearing, according to the Los Angeles Times, but Judge Amy D. Hogue said they would not factor into her ruling.

Boermeester, who is two classes shy of graduation, was kicked out of school in July after a monthslong investigation by the school's Title IX office that concluded he caused physical harm to his girlfriend, USC women's tennis player Zoe Katz, in January.

Katz has vehemently denied the allegations. She sat with Boermeester in court Friday.

"I want to be very clear that I have never been abused, assaulted or otherwise mistreated by Matt," Katz said in a statement in July. "He is an incredible person, and I am and have been 100 percent behind him. Nothing happened that warranted an investigation, much less the unfair, biased and drawn-out process that we have been forced to endure quietly."

In USC's official response to the petition, it asserted that its investigation found Boermeester put his hands around the neck of Katz -- identifying her as Jane Roe -- "causing her to cough, and shoved her into a cinder block wall in the alley near her apartment at least twice" in the early hours of Jan. 21. It also said Katz's initial statement to investigators supported USC's findings.

"When I told the truth about Matt, in repeated interrogations, I was stereotyped and was told I must be a 'battered' woman, and that made me feel demeaned and absurdly profiled," Katz said. "I understand that domestic violence is a terrible problem, but in no way does that apply to Matt and me."

Boermeester was not arrested and is not the subject of a police investigation.
The university's version of events differs greatly from those outlined in the petition, which described the alleged incident as "loud, consensual horseplay and laughing in the alley." The petition says it was viewed, in part, by a USC student through a window. That student told his roommate what he believed to have seen, and his roommate told his father, USC men's tennis coach Peter Smith. Smith is required by law to report any allegations of abuse to school officials, and he fulfilled his obligation.

Boermeester, who kicked the game-winning field goal in USC's Rose Bowl victory in January, was suspended on Jan. 26, at which point he was banned from campus and banned from attending any university activities. Additionally, Boermeester was notified he was not permitted to have contact with Katz "directly or indirectly by any means."

"Neither [Katz nor Boermeester] -- two adults in a consensual, private, romantic relationship -- had any interest in remaining apart," the petition says. USC later charged Boermeester with violating the mandate to avoid contact with Katz.
USC's response, however, says that Katz asked for an avoidance of contact order directing Boermeester not to contact her.

The attorney who filed the petition on Boermeester's behalf, Mark Hathaway, also took aim at the process of the USC Title IX Office.

"USC places the entire responsibility for the investigation, prosecution, fact-finding, and adjudication in the hands of non-sworn, non-licensed individuals who act as police, prosecutor, and judge without an evidentiary hearing," the petition says.
Hathaway previously represented former USC football player Bryce Dixon in a similar case. In 2015, Dixon was reinstated to the university as a student after a Title IX investigation previously led to his expulsion.

Judge stays USC Trojans' expulsion of Matt Boermeester