DeVos, Education Department Sued For Rescinding Obama-Era Guidelines For Sexual Assault Investigations
She said that the Obama administration hadn't ensured the rights of the accused and moved to adopt what she termed "fundamental fairness".
Civil rights groups are suing Education Secretary Betsy Devos over guidance her department issued on how campuses should handle sexual assault.
Janet Napolitano, president of the University of California system, said at the time that changes would "in effect weaken sexual violence protections" and "prompt confusion among campuses". Weeks later, DeVos introduced interim rules that allowed for the cross-examination of an accuser, suggested a "clear and convincing evidence standard" as opposed to requiring a preponderance of evidence, and removed the 60-day timeline for investigating reports.
DeVos said Obama-era directives had "weaponized" the Education Department and were unfairly skewed against those accused of assault. "There will be no more sweeping them under the rug". "But the process also must be fair and impartial, giving everyone more confidence in its outcomes".
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The federal lawsuit was filed by SurvJustice in Washington, Equal Rights Advocates in San Francisco and the Victim Rights Law Center in Portland, Ore.
According to the federal lawsuit, filed Thursday, students who once planned to report campus rapes and other types of sexual violence and harassment to university authorities are now more hesitant to come forward. Earlier in the month, she said a new direction was needed to balance rights of victims and the accused. The defendants include the department, DeVos and acting assistant secretary for civil rights Candice Jackson. "We've heard directly from student survivors who are questioning whether it's even worth reporting sexual violence and abuse because of the new Title IX policy".
Since then, the groups suing DeVos, which all work with people who say they've been sexually assaulted, say that those they represent or advise are less inclined to pursue sexual assault cases and that colleges exhibit a lack of timeliness and transparency in pursing reports. "We could tell right away".
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