DeVos expected to rescind 2011 Title IX guidance
Waverly Hart
News Editor
On Sept. 7, Secretary of Education Betsy DeVos delivered a speech in which she addressed the sexual harassment and assault policies on the campuses of America’s colleges and universities. DeVos shared her view that the current guidelines on campus sexual assault, created in 2011 by the Obama administration, are a substandard set of rules by which to regulate colleges’ sexual misconduct policies.
The policy to which DeVos was referring is the “Dear Colleague” Letter, issued by the Office for Civil Rights in 2011. This letter requires every college receiving federal aid to use the lowest possible standard of proof, or a preponderance of evidence, in sexual assault cases on campuses. Using a preponderance of evidence means that campus sexual assault cases should be decided based not on the amount of evidence one side offers, but rather the more convincing evidence and its probable truth.
Additionally, the letter requires universities to allow the accusers to appeal to non-guilty findings, while also discouraging the cross-examination of the accusers.
The “Dear Colleague” Letter, along with the accompanying 2014 “Questions and Answers on Sexual Violence,” has served as the primary references guiding how college campuses handle complaints of sexual harassment, misconduct and violence.
However, DeVos is planning on encouraging the replacement of what she called the “failed system” of campus sexual assault enforcement.
“The truth is that the system established by the prior administration has failed too many students […] It is the intention to revoke or rescind the previous guidance around this,” DeVos said.
DeVos specifically criticized the 2011 legislation’s requirement that colleges use a preponderance of evidence, saying it was unfair to those accused of sexual violence. In her speech, DeVos emphasized the importance of the rights of the accused, in addition to the rights of the victims.
“Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined,” DeVos said.
DeVos ended her speech by promising Americans that the Department of Education would change legislation to ensure a better job of preventing sexual misconduct and handling complaints on America’s college campuses.
Following DeVos’ speech, Lori Makin-Byrd, The Title IX coordinator for The College of Wooster, sent out a campus-wide email addressing her statement. Makin-Byrd commented on what the previous 2011 legislation had done for colleges.
“While they accelerated the national dialogue surrounding sexual violence, they did not change the fundamental obligations that all institutions of higher education have to their students, faculty, staff and visitors,” Makin-Byrd stated.
Makin-Byrd guaranteed that no matter what path the national guidelines on sexual misconduct takes, the College is committed to creating a safe environment for all.
“I would like to take this moment to reaffirm The College of Wooster’s commitment to an environment that is free from discrimination, harassment and violence,” Makin-Byrd stated. “Our dedication to creating a safe and respectful environment for all, regardless of sex, gender, sexual orientation, gender identity or gender expression, is unwavering.”
Makin-Byrd went on to state that the rescindment of the 2011 document will not affect the College’s policies. At press time, the Department of Education had not specifically laid out how the national guidelines for campus sexual misconduct policy will change.