Betsy DeVos, the U.S. Secretary of Education, has introduced new rules regarding campus sexual misconduct that shift the focus towards protecting those accused of such offenses. This contrasts sharply with the guidelines established during the Obama administration, which aimed to support victims and encourage schools to take accountability.
Under DeVos’s proposed regulations, schools are only required to investigate sexual misconduct complaints if they occur on campus and are reported to the appropriate authorities. Additionally, her rules aim to tighten the definition of sexual harassment. This is concerning, especially in the context of the #MeToo movement, as the new definition would categorize sexual harassment as “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.” Such language could allow perpetrators to excuse their behavior by claiming it was harmless or not serious—mirroring the so-called “locker room talk” that has been criticized in the past.
In contrast, Obama’s guidelines defined sexual harassment more broadly, including unwelcome sexual advances and other behaviors of a sexual nature. The new rules also mean that schools will not be held accountable for investigating incidents that take place off-campus, even though many serious incidents often occur at off-campus parties.
Furthermore, victims will be required to report incidents to an official who has the authority to take action, rather than to someone like a resident advisor, who might be more approachable. Schools will determine whether there is a “preponderance of evidence” or “clear and convincing” evidence of abuse, and they will also have the discretion to establish their appeals processes.
DeVos has claimed that her intention is to support victims, arguing that the previous system failed many students by neglecting due process. However, critics assert that her changes primarily serve to protect the accused, creating an environment that could discourage actual victims from coming forward.
One concerned individual expressed their frustration succinctly on Twitter, stating, “Honestly this is so ridiculous. This is pushing those actually assaulted away from getting actual justice and help. I can’t believe this is the world I live in.”
In summary, Betsy DeVos’s new rules on campus sexual misconduct represent a significant rollback of protections for victims established by the previous administration. By limiting the scope of what constitutes harassment and the circumstances under which schools must act, these guidelines may hinder efforts to support those who have experienced sexual misconduct.
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