https://www.apnews.com/e49acff34a2649338a9f10345b6ed6b9
Education Secretary Betsy DeVos has proposed a major overhaul to the way colleges and universities handle sexual misconduct complaints, adding protections for students accused of assault and harassment and narrowing which cases schools would be required to investigate.
Her plan would scale back important Obama administration rules while adding mandates that could reshape the school disciplinary systems that schools have developed over the past decade.
Under the new plan proposed Friday, colleges would have to investigate complaints only if the alleged incident occurred on campus or in other areas overseen by the school, and only if it was reported to certain officials. By contrast, current rules require colleges to review all student complaints, regardless of their location or how they came to the school’s attention.
It adds several provisions supported by groups that represent students accused of sexual misconduct. Chief among them, it says accused students must be able to cross-examine their accusers, although it would be done through a representative to avoid personal confrontations.
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Among other changes, the proposal narrows what constitutes sexual harassment. While earlier guidance defined it as “unwelcome conduct of a sexual nature,” the new proposal defines it as unwelcome sexual conduct that’s so severe it effectively denies the victim access to the school or its programs.
It allows schools to use a higher standard of proof when weighing cases. The Obama guidance told schools to use a “preponderance of the evidence” standard, meaning the allegation is “more likely than not” true. The new proposal would allow a “clear and convincing” standard, meaning the claim is highly probable.
Even if victims don’t file a formal complaint, the proposal encourages schools to offer a range of measures to help them continue their studies, including counseling, class schedule changes, dorm room reassignments and no-contact orders for those accused of harming them.




