Department of Education proposes new rules for sexual harassment, assault News
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Department of Education proposes new rules for sexual harassment, assault

US Secretary of Education Besty DeVos filed proposed amendments to Title IX Friday addressing campus sexual harassment and assault.

Title IX originated in 1972 with the goal of reducing sexual discrimination in educational environments receiving federal funding. In 2011 the Obama administration expanded the scope of the law with guidance (known as the Dear Colleagues Letter) to include sexual harassment. DeVos subsequently rescinded the guidance in 2017 and promised that proposed rule making would follow.

The proposed regulations aim to clarify the current educational institutional requirements pertaining to remedies, constitutional protections, nondiscrimination policies, coordinator designation and grievance procedures. There is also information on the process for institutions claiming religious exemptions. The regulations specify how schools are required to respond to sexual harassment incidents addressing both survivor assistance and due process protections of the accused.

The estimated savings of the proposed rule would be $286 million to $368 million over the next decade.

In a press release by the Department of Education, DeVos said that her focus was on student safety, and

[t]hat starts with having clear policies and fair processes that every student can rely on. Every survivor of sexual violence must be taken seriously, and every student accused of sexual misconduct must know that guilt is not predetermined. 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.

Advocacy group End Rape on Campus’ Interim Executive Director Jess Davidson said: “DeVos is making plain with these unlawful rules that she is turning her back on survivors. The results of this rule are clear: Fewer will report their assaults and harassment. Schools will be more dangerous. And, more survivors will be denied their legal right to equal access to education after experiencing sexual violence.”

The proposed regulations are expected to be published on the Federal Register this week. Then the public will have 60 days to comment on the proposed rule.

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