Education Dept. unveils new protections for those accused of sexual misconduct on campuses

The proposed rules, which now face a public comment period of 60 days before they are enshrined, seek to narrow the definition of sexual misconduct on campuses.

"Every survivor of sexual violence must be taken seriously, and every student accused of sexual misconduct must know that guilt is not predetermined," Education Secretary Betsy DeVos said in a statement. "We can, and must, condemn sexual violence and punish those who perpetrate it, while ensuring a fair grievance process. Those are not mutually exclusive ideas. They are the very essence of how Americans understand justice to function."

The new rules would "adopt a clear definition of sexual harassment actionable under Title IX," which prohibits discrimination based on sex for schools and programs that receive federal funding, including protection from sexual harassment.

One stipulation would narrow the definition of sexual harassment to mean "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." The new policy would be a departure from the Obama administration's broader definition of sexual harassment as "unwelcome conduct of a sexual nature."

The new rules also place an emphasis on "presumption of innocence" and would allow those accused the option of cross-examining their accusers.

Let's block ads! (Why?)