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How Betsy DeVos Reportedly Wants to Redefine Sexual Misconduct on College Campuses

Charlemagne

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Here's How Betsy DeVos Reportedly Wants to Redefine Sexual Misconduct on College Campuses

The new proposal, as described by the New York Times, is the latest from the Trump administration in a pattern of hostility to survivors.

By Matthew Chapman / AlterNet
August 29, 2018, 12:35 PM GMT

On Wednesday, The New York Times reported that President Donald Trump's Secretary of Education, Betsy DeVos, is considering a significant rollback of federal guidelines for sexual misconduct on college campuses, which would protect the accused and the institutions and while limiting recourse for many victims.

The changes would reportedly include redefining sexual misconduct from “unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature," to “unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it denies a person access to the school’s education program or activity," a considerably more narrow definition.

The changes would also mean colleges and universities would only legally be required to respond to reports if officials have "actual knowledge" and only if the alleged incidents took place directly on campus — incidents involving faculty or students in off-campus housing would be excluded.

Education Department spokeswoman Liz Hill stressed that these leaked details are "premature and speculative" and that none of the changes have been finalized. However, they appear to represent the latest in a pattern of hostility that DeVos' department has shown to the legal rights of victims of sexual incidents.

Early in her tenure, DeVos, a billionaire GOP donor who has no training in either education or civil rights, met to discuss the issue with the National Coalition of Men — an extreme anti-feminist group that routinely attacks rape and domestic violence survivors. And she staffed her department's civil rights division with sexual assault denialists like Candice Jackson, who has claimed that "90 percent" of campus sexual assault cases "fall into the category of 'we were both drunk'."

Last September, DeVos rescinded requirements that colleges and universities use a preponderance standard when investigating sexual assault, and that investigations of complaints be completed within 60 days. She also urged schools to allow accused rapists to interrogate survivors directly, ban survivors from appealing the decisions of administrators, and turn over complaints to law enforcement whether or not the survivor consents to be interrogated by police — all of which would severely discourage survivors from coming forward. DeVos' rollback of civil rights policy was so extreme that many schools simply refused to follow her new guidelines.

Trump himself, who appointed DeVos, has been accused of sexual misconduct by at least 16 women, ranging from accusations of inappropriate touching to assault. He has denied all allegations.

https://www.alternet.org/betsy-devos-roll-back-investigations-sexual-misconduct
 

Aardvark154

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It might be pointed out that a fair number of civil liberties groups agree that the present rules violate due process rights.

For example take the case of Grant Neal, a student at Colorado State University. He had a sexual relationship with a female student. "She asked if he was using protection. He said no. For a couple of seconds, it went on. They resolved the problem. They had a great night. They had another great night a couple nights later."

However the woman told her roommate about the experience, the roommate said those five seconds were rape, the "victim" said, 'I haven't been raped. He is not a rapist.

However, the roommate notified the University's conduct committee. Colorado State University pursued him. suspended him and barred him from returning to school until the alleged victim graduated. He had been a aspiring Medical Student hoping to go into orthopedic surgery with a 3.7 GPA, and a member of the football team all of that was ruined even though the "victim" said there was no "there"

Please let us know how that was in accord with the Constitutional right to due process. Or indeed and more importantly moral or right!
 

mandrill

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It might be pointed out that a fair number of civil liberties groups agree that the present rules violate due process rights.

For example take the case of Grant Neal, a student at Colorado State University. He had a sexual relationship with a female student. "She asked if he was using protection. He said no. For a couple of seconds, it went on. They resolved the problem. They had a great night. They had another great night a couple nights later."

However the woman told her roommate about the experience, the roommate said those five seconds were rape, the "victim" said, 'I haven't been raped. He is not a rapist.

However, the roommate notified the University's conduct committee. Colorado State University pursued him. suspended him and barred him from returning to school until the alleged victim graduated. He had been a aspiring Medical Student hoping to go into orthopedic surgery with a 3.7 GPA, and a member of the football team all of that was ruined even though the "victim" said there was no "there"

Please let us know how that was in accord with the Constitutional right to due process. Or indeed and more importantly moral or right!
Agree wholeheartedly with what you write.
 
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