“The truth is that the system established by the prior administration has failed too many students…” – Betsy DeVos
Secretary of Education Betsy DeVos has pledged to overhaul the “failed system” for investigating sexual assaults on campus. Speaking at George Mason University, DeVos slammed the Obama administration, arguing that it had “weaponized” the Office for Civil Rights, and that the current approach simply isn’t working.
Secretary DeVos now intends to overhaul Title IX Guidelines put in place by the Obama administration, which many critics claim has treated those accused of sexual assault unfairly. DeVos isn’t moving to rescind the rules immediately, but is instead opening up the issue for public comment.
Under President Barack Obama, the Department of Education took a proactive approach in compelling universities to pursue sexual assault cases with zeal. Universities that failed to adhere to Department of Education guidelines could be stripped of funding. This created intense administration pressures to pursue sexual assault cases.
Critics of the Obama Administration’s approach allege that those accused of sexual assault have seen their rights trampled upon. Those accused of sexual assault on campus often face an uphill battle in proving their innocence. Many critics also claim that students are denied their rights to due process. DeVos went as far as to argue that students had to “sue” their way to due process.
In many cases, students who were not guilty of any crimes have been booted from universities based on allegations that they violated “school codes of conduct.” Often, notes are made on their transcripts of the alleged sexual misconduct, which can prevent them from enrolling in other universities.
Some critics have also fought back against the notion that universities should be involved in investigating and meting out punishment for what is ultimately a legal issue. These critics note that universities are not legal systems, and do not have the proper capabilities to both investigate and punish students. Many critics, including DeVos herself, have likened the current process to “kangaroo courts.”
“Survivors, victims of a lack of due process and campus administrators have all told me that the current approach does a disservice to everyone involved,” – Betsy DeVos
Without clear replacement guidelines in place, it’s difficult to predict what DeVos’s intentions are. However, her comments suggest that she will seek a more balanced approach for both victims of sexual assault and the accused.
Secretary DeVos argued “the truth is that the system established by the prior administration has failed too many students. Survivors, victims of a lack of due process and campus administrators have all told me that the current approach does a disservice to everyone involved.”
Interestingly, the Department of Education has previously gone after schools for failing to protect the accused. Under the Obama Administration in October of 2016, the Department of Education came to an agreement with Wesley College in Dover, Delaware after the university failed to protect the accused and accusers “equitably.”
At Wesley, several students were expelled within mere days after being accused of sexual assault. One student was expelled immediately before graduation. The speed at which the students were investigated and punished suggested that the university did not conduct a proper investigation.
Sexual assault on campus is sure to remain a hot button issue. Many victims of sexual assault are afraid to come forward due to the intense legal battles that they may face, as well as the social stigma associated with sexual abuse. In many cases, local legal systems fail to pursue sexual assault zealously. In some cases, this may be due to a lack of resources. It’s believed that hundreds of thousands of rape kits remain untested across the country.
On the other hand, several high profile cases of clearly falsified sexual assaults have brought attention to the difficult situation the accused find themselves in. Perhaps the most infamous case was a Rolling Stone hit-piece written against a University of Virginia fraternity. The rape story in the article was found to have been completely falsified. Rolling Stone was eventually made to pay the University of Virginia fraternity $1.65 million dollars in damages.
