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Title IX: What to Know About the Campus Sexual Assault Guidelines Betsy DeVos Is Rolling Back


Remember the Obama administration’s efforts to curb rape and sexual assault on college campuses? Thanks to the Trump administration, that progress is now in jeopardy.

Speaking at George Mason University on Thursday about enforcement of the Title IX law, Education Secretary Betsy DeVos announced her plans to do away with Obama-era guidelines on how schools should investigate sexual assault.

“Instead of working with schools on behalf of students, the prior administration weaponized the Office for Civil Rights to work against schools and against students,” she said.

Here’s what to know about Title IX and the uncertain future of campus sexual assault investigations.

What is Title IX?

Title IX of the Education Amendments of 1972 is a federal law banning sex-based discrimination at any school that receives federal funding.

Here’s what it says: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”

In other words, the law upholds gender equality on campuses nationwide.

What does it have to do with sexual assault?

Thanks to various Supreme Court rulings and guidance from the Department of Education, Title IX’s ban on sex-based discrimination applies to sexual harassment, sexual assault, and rape on campus. A school receiving federal funding can face legal trouble if it knowingly ignores reports of sexual violence in its programs or activities.

The Obama administration was serious about cracking down on campus sexual assault, and in 2011, the Department of Education issued a key piece of Title IX guidance called the Dear Colleague Letter. The DCL wasn’t a law, but a directive on how schools should handle sexual violence issues. Here’s an overview of everything the DCL covered.

With Trump in office, those Obama-era guidelines have been in jeopardy.

It’s sad, but true—and sexual assault survivors and their advocates have been worried.

DeVos has been considering changes to her office’s policies on campus sexual assault, meeting in July with rape survivors and men’s rights activists who argued Obama’s guidelines unfairly favored accusers. At the time, she made it pretty clear that she was planning to take action.

“We need to do this right, we need to protect all students and we need to do it quickly,” she said.

On Thursday, that action finally came down.

In her speech at George Mason University, DeVos announced her plans to end Obama-era guidelines on how schools should handle sexual assault investigations.

“The era of ‘rule by letter’ is over,” she said, adding that the 2011 directive was a “disservice to everyone involved.”

As for putting together a replacement for the current rules, DeVos said the Department of Education will solicit public comment and feedback from universities.



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