The Education Department has officially released new rules on how to enforce Title IX, the federal statute that forbids sex and gender-based discrimination in public schools.
A less welcome development is the appeals provision: Under the new rules, both the accuser and the accused will still be able to appeal the outcome of a Title IX decision.
The new rules state that neither the accuser nor the accused need to be physically present in the same room, but their attorneys-or support persons provided by the university-must be allowed to submit questions on their behalf for the other party to answer.
The new rules stipulate that a university must use the same standard for Title IX as it does for other matters-even ones involving the faculty.
The new rules also recognize differences between K-12 education and college: K-12 teachers must initiate investigations if they become aware of sexual misconduct, whereas college professors are not necessarily on the hook-at the university level, misconduct must generally be reported to the Title IX office for an investigation to unfold.
These rules will undoubtedly infuriate the Title IX activist movement, which has worked tirelessly to strip accused students of fundamental due process protections in the name of combating the campus rape problem.
NARAL, a pro-choice feminist organization, tweeted Thursday that "a new rule from Betsy DeVos would require universities to allow accused sexual abusers to cross-examine and re-traumatize their victims. This is absolutely sickening." This is misleading-the new rule only requires universities to allow the accused to question their accusers vis a vis an intermediary.
http://reason.com/blog/2018/11/16/betsy-devos-title-ix-new-rules-due-proce
A less welcome development is the appeals provision: Under the new rules, both the accuser and the accused will still be able to appeal the outcome of a Title IX decision.
The new rules state that neither the accuser nor the accused need to be physically present in the same room, but their attorneys-or support persons provided by the university-must be allowed to submit questions on their behalf for the other party to answer.
The new rules stipulate that a university must use the same standard for Title IX as it does for other matters-even ones involving the faculty.
The new rules also recognize differences between K-12 education and college: K-12 teachers must initiate investigations if they become aware of sexual misconduct, whereas college professors are not necessarily on the hook-at the university level, misconduct must generally be reported to the Title IX office for an investigation to unfold.
These rules will undoubtedly infuriate the Title IX activist movement, which has worked tirelessly to strip accused students of fundamental due process protections in the name of combating the campus rape problem.
NARAL, a pro-choice feminist organization, tweeted Thursday that "a new rule from Betsy DeVos would require universities to allow accused sexual abusers to cross-examine and re-traumatize their victims. This is absolutely sickening." This is misleading-the new rule only requires universities to allow the accused to question their accusers vis a vis an intermediary.
http://reason.com/blog/2018/11/16/betsy-devos-title-ix-new-rules-due-proce
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