In this March 27, 2020, file photo, Education Secretary Betsy DeVos speaks about the coronavirus in the James Brady Press Briefing Room in Washington. (AP Photo/Alex Brandon, File)
By Collin Binkley
The U.S. Education Department on Wednesday finalized campus sexual assault rules that bolster the rights of the accused, reduce legal liabilities for schools and colleges, and narrow the scope of cases schools will be required to investigate.
The change announced by Education Secretary Betsy DeVos reshapes the way the nation’s schools respond to complaints of sexual misconduct. It is meant to replace policies from the Obama administration that DeVos previously revoked, saying they pressured schools to deny the rights of accused students.
“Today we release a final rule that recognizes we can continue to combat sexual misconduct without abandoning our core values of fairness, presumption of innocence and due process," she said. "This empowers survivors with more tools than ever before."
Under the new rules, the definition of sexual harassment is narrowed to include only misconduct that is “so severe, pervasive, and objectively offensive” that it effectively denies the victim access to the school’s education programs. The rules add dating violence, domestic violence, and stalking to the definition of sexual harassment.
The Obama administration, by contrast, used a wider definition that included a range of conduct that “interferes with or limits” a student’s access to the school. It said that could include “unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.”
DeVos’ policy adds new measures intended to make sure students accused of sexual misconduct are judged fairly in campus disciplinary hearings. Students on both sides must be given equal access to evidence gathered in the school’s investigation and be allowed to bring an adviser, which can be a lawyer, to the proceedings.
Chief among the changes is a policy requiring colleges to allow students on both sides of a case to question one another during live campus hearings. The questioning would be done through representatives to avoid direct confrontation, but opponents have said it’s a cruel policy that forces victims to relive the trauma of sexual violence.
Democrats and education groups had asked DeVos to delay any changes until after the coronavirus pandemic, saying colleges don’t have time to implement new federal rules while they respond to the crisis.
Opponents quickly condemned the policy and its timing. The National Women’s Law Center, a Washington advocacy group, said releasing the rules now “unveils a disturbing set of priorities.” The group said it plans to challenge the new policy in court.
“If this rule goes into effect, survivors will be denied their civil rights and will get the message loud and clear that there is no point in reporting assault,” said Fatima Goss Graves, the group’s president, and CEO. “We refuse to go back to the days when rape and harassment in schools were ignored and swept under the rug.”
Several of the rules cement changes that advocates of accused students have long been calling for. Parents and lawyers say that, in the past, federal rules encouraged schools to take hasty and unfairly harsh action against any student accused of sexual misconduct.
For colleges, the new policy narrows the type of complaints they will be required to investigate. It orders colleges to pursue cases only if they’re reported to certain campus officials, and it says schools can choose whether to handle cases in off-campus areas that are outside their “programs or activities.”
The Obama administration encouraged schools to handle complaints that arose beyond their borders, and it required them to address any misconduct that the school “knows or reasonably should know” about.
Under the new rules, the Education Department will also use a different standard to determine if schools responded appropriately to a student’s complaint. Colleges will be held accountable, the rule says, if it’s found that they acted with “deliberate indifference” toward the allegation.
DeVos’ rules effectively tell the nation’s schools how to apply the 1972 federal law known as Title IX, which bars discrimination based on sex in education. It applies to colleges and universities, along with primary and secondary schools.
For years, schools relied on a series of letters issued by the Obama administration telling them how to respond to complaints. Missteps could bring federal investigations, with penalties as high as a total loss of federal funding.
Advocacy groups for victims say the Obama rules forced schools to stop sweeping the issue under the rug, while those supporting accused students said it tipped the scales in favor of accusers. Some colleges complained that the rules were too complex and could be overly burdensome.
DeVos proposed her new policy in 2018 and opened it for public comment. The proposal drew more than 120,000 comments, more than any other proposal in the department’s history.
On this episode of Cheddar Innovates: CEO of Achieve Life Sciences discusses a new plant-based compound that's being used to fight nicotine addiction; President & CEO OF DiaMedica Therapeutics explains a new ischemic stroke treatment option that expands the window for effective therapy for stroke patients; Cheddar gets a look at Curiosity Stream's 'Asteroid Rush.'
Catching you up on today's entertainment headlines with the Tribeca Film Festival has kicked off in NYC, "Black Adam," starring Dwayne "The Rock" Johnson dropped its first full trailer, the musical "Come From Away" based on a true story set during 9/11 will be closing on Broadway this October, and more.
Survivors of Larry Nassar, including Olympian Simone Biles, are seeking $1 billion in damages from the FBI due to its failure to investigate the former gymnastics team doctor convicted of committing years of serial sexual abuse of minors. Jack Queen, a senior reporter at Law360, joined Cheddar News to break down the legal grounds of this case. "This is one of the biggest black eyes that the Bureau has faced in generations, quite frankly, and the FBI has taken full responsibility and admitted that it completely botched this investigation," he said. "So, there's a lot of pressure to settle."
The Elevate Prize Foundation is donating $10,000 to different grassroots organizations based on a theme every month to help scale their work, focusing on a different theme each time. Upcoming prizes will help uplift an organization supporting the LGBTQ community and one mobilizing to help end gun violence. The foundation's CEO Carolina Garcia Jayaram joined Cheddar to discuss the initiative and why it's important to uplift these grassroots organizations. "We are identifying social entrepreneurs around the world to help them scale their work. but the ultimate purpose of that is to create the first-ever fanbase for good," she said. "We're trying to make good famous and by inspiring people to think about the role they can play in doing good in the world."
With real estate being a largely male-dominated industry, Stephanie Shojaee, vice president and chief marketing officer at development company Shoma Group, joined Cheddar News to discuss how she took on the gender gap for women to achieve leadership roles, starting at her own company. “It's been very important to teach all the women that work here, especially the younger ones, that they shouldn't change themselves," she said. "You need to be happy with who you are and just keep breaking barriers."
We are already starting to feel the effects of summer. Heat waves in Texas and California are already sending temperatures soaring. That could spell trouble for the nation's power supply. there are new concerns about outages in many areas of the country. Cheddar's Shannon Lanier explains the two main causes of blackouts, and what states are doing to keep the lights on and the air conditioning running.
If you have been on the road this past year, you've probably seen more accidents on the road than you ever have. You're not wrong. Traffic fatalities are not only increasing they are hitting historic highs. Almost 43,000 people died in motor vehicle accidents in 2021. Cheddar's Shannon Lanier investigates - and finds out why.
U.S. stocks close Tuesday at session highs after a subpar start to the trading day. Tim Chubb, Chief Investment Officer at the wealth advisory firm, Girard, joins Cheddar News' Closing Bell to discuss. 'We're starting to see the moderation of three core things -- we've seen the moderation of prices, we've seen the moderation of wage growth we've seen in the labor market, and we've also seen a moderation of job openings,' he says.
The victims from the USA gymnastics sexual abuse scandal continue to seek justice. Survivors of Larry Nassar are seeking more than one-billion dollars from the FBI for failing to stop the convicted sports doctor when the agency first received allegations. According to a report released by the Justice Department's Inspector General, FBI agents knew
in July of 2015 that Nassar was accused of abusing gymnasts; however, Nassar wasn't arrested until December of 2016. The group that filed the claim includes Olympic medalist Simone Biles and around 90 other women. Louise Radnofsky, sports reporter at The Wall Street Journal, joins Cheddar News' Closing Bell to discuss.
Tattoo artist Katrina "Kat Tat" Jackson, famous for starring in the VH1 hit series "Black Ink Crew: Chicago," is also the first Black woman to own a tattoo shop in Beverly Hills. She joined Cheddar News to discuss her trailblazing work, the stigma BIPOC tattoo artists face in the industry, and the way the space has changed for artists of color since her start. "In the beginning, I remember walking into a tattoo shop just like, hey, I wanna learn, I wanna be a tattoo artist and kind of just being laughed at, not taken seriously," she said. "Even with the tattoo conventions, a lot of African American tattoo artists were almost scared to go to conventions because it's not a welcoming environment."
