ACLU - The Department of Education headed by Secretary Betsy DeVos released a proposed rule that, if implemented, would dramatically limit schools’ obligations to students who experience sexual violence and would not further the stated goal of fair process. ]
The new rule preserves some important protections for respondents from the Department of Education’s 2001 guidance, such as a guarantee of an impartial investigator and the opportunity to present rebuttal evidence. It also ensures both parties equal rights to appeal and access to evidence.
But the overwhelming effect of the new rule is to limit schools’ obligations to students who file complaints of sexual harassment and violence under Title IX, a federal civil rights statute that prohibits sex discrimination in education, without increasing the fairness of disciplinary proceedings. Under the new policy, schools will likely investigate far fewer complaints, and the Department of Education will hold fewer schools accountable for ensuring campuses are free of sexual harassment and assault.
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