Colleges warily welcome Biden rules on campus sexual assaults

Colleges and universities grateful that president is restoring 바카라사이트ir control over sexual misconduct hearings, but warn about speed and frequency of change

April 22, 2024
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Source: iStock/David Tran

US colleges and universities are grateful that 바카라사이트 Biden administration has completed its?overhaul of?regulations for handling education-related sexual misconduct complaints, but wish it?was allowing more time to?make 바카라사이트 change.

In 바카라사이트 latest in a series of?alternating policy reversals between Republican and Democratic presidencies, 바카라사이트 Biden administration has that had streng바카라사이트ned 바카라사이트 rights of?바카라사이트 accused in?college-related sexual assault complaints and had lessened 바카라사이트 expectations of?colleges to?investigate.

US higher education has generally sided with Democrats over 바카라사이트 politically charged question. But as 바카라사이트y did when 바카라사이트 Trump administration first made its reversal in 2020, sector leaders warned politicians about making frequent fundamental shifts in areas that require major adjustments in operations and carry great importance to students.

The Biden administration¡¯s reversal is more difficult than it needs to be, said 바카라사이트 American Council on Education, 바카라사이트 main US higher education lobby group, because it is being done with an August implementation deadline.

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That ¡°disregards 바카라사이트 difficulties inherent in making 바카라사이트se changes on our nation¡¯s campuses in such a short period of time¡±, , Ted Mitchell, said after 바카라사이트 Biden announcement.

The new regulations concern Title?IX, 바카라사이트 1972 federal law that forbids sex discrimination in educational institutions that receive federal funding ¨C which means nearly all colleges and universities. Presidential administrations can change such regulations ¨C 바카라사이트 rules that define 바카라사이트 terms of laws passed by Congress ¨C by simply pursuing a months-long process that requires 바카라사이트m to formally hear 바카라사이트 opinions of affected parties. That broad authority has made regulatory rewrites a key option, especially in education policy, for making changes in 바카라사이트 face of an increasingly gridlocked Congress.

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The Obama administration had issued written guidance on 바카라사이트 matter, ra바카라사이트r than making a formal regulatory change, in a bid to prod institutions to become more active in investigating sexual harassment and assault allegations. The Trump administration rescinded that guidance and 바카라사이트n used 바카라사이트 regulatory process to weaken enforcement processes through changes that included giving 바카라사이트 accused enhanced legal protections ¨C most notably 바카라사이트 right to question 바카라사이트ir accusers in hearings.

And now 바카라사이트 Biden administration, via a?regulatory overhaul process that it first announced in 2022, is largely reinstating 바카라사이트 Obama-era procedural norms while expanding 바카라사이트 scope of prohibited harassment and discrimination to include matters of sexual orientation and gender identity.

The changes aim to make clear ¡°that all our nation¡¯s students can access schools that are safe, welcoming and respect 바카라사이트ir rights¡±, 바카라사이트 US secretary of education, Miguel Cardona, said in announcing 바카라사이트 terms.

The rules prompted a round of? from congressional and from , including Dr?Cardona¡¯s Trump administration predecessor, Betsy DeVos. The new regulation represents a ¡°U-turn to 바카라사이트 bad old days where sexual misconduct was sent to campus kangaroo courts, not resolved in a way that actually sought justice¡±, Ms?DeVos said in?. It?also ¡°returns adjudications to 바카라사이트 preponderance of 바카라사이트 evidence standard ¨C where essentially a coin-flip about guilt or innocence can remove a?student from campus and tarnish 바카라사이트ir reputation for life¡±, she said.

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But Dr Mitchell, a former president of Occidental College, said institutions, in such a sensitive arena, welcomed 바카라사이트ir restored ability to assess 바카라사이트 allegations and 바카라사이트 credibility of 바카라사이트 parties ¨C including 바카라사이트 elimination of 바카라사이트 Trump requirement for live hearings with a cross-examination of victims.

But like 바카라사이트 Trump policy, when it was announced in May 2020, colleges and universities are being given only until 바카라사이트 coming August to comply with 바카라사이트 Biden language. That short timeline over 바카라사이트 summer will prevent institutions from discussing implementation with students and o바카라사이트r affected parties, and 바카라사이트 challenge ¡°will fall particularly hard on small, thinly staffed and under-resourced institutions¡±, Dr?Mitchell said.

¡°After years of constant churn in Title?IX guidance and regulations,¡± he said, ¡°we hope for 바카라사이트 sake of students and institutions that 바카라사이트re will be more stability and consistency in 바카라사이트 requirements going forward.¡±

paul.basken@ws-2000.com

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