Education Department Proposes New Definition of Sexual Assault and Presumption of Innocence on College Campuses

Earlier this month, the United States Department of Education proposed new rules for handling sexual harassment and assault on college campuses that would enhance the rights of the accused.

The proposed change would narrow the definition of sexual misconduct to “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.” This is a significant change from the Obama administration’s much broader definition of sexual harassment as “unwelcome conduct of a sexual nature.”

Additionally, the rule changes would include a “presumption of innocence” of the accused. The accused party would have “an equal opportunity to review all evidence collected; and the right to cross-examination the victim, subject to ‘rape shield’ protections.”

“Every survivor of sexual violence must be taken seriously, and every student accused of sexual misconduct must know that guilt is not predetermined,” said Secretary of Education Betsy DeVos. “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.”

Widespread opposition to the rule changes quickly materialized. For example, the American Association of University Women issued a strong critique of the proposed changes. In a statement, the AAUW said that “make no mistake — the Department of Education’s actions amount to a blatant rollback of strong and necessary protections for students, and particularly for student survivors of sexual assault. The rule would put in place school processes that make it harder for students to come forward and receive the support they need when they experience sexual harassment or assault.”

Before they are enacted, the proposed rule changes face a public comment period of 60 days.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Related Articles

Latest News

Three Women Appointed to Provost Positions at Universities

The new provosts are Fatma Mili at Montclair State University in New Jersey, Rose Marie Ward at Northwest Missouri State University, and KerryAnn O'Meara at Fordham University in New York.

Jill Blondin to Lead the Association of International Education Administrators

Dr. Blondin currently serves as vice provost for global initiatives at Virginia Commonwealth University, where she has worked for over a decade. A two-time Fulbright Specialist, she specializes in strategic budgeting and internationalization, global learning, and art history.

Penn’s Brady Beale Appointed CEO of the American Animal Hospital Association

The American Animal Hospital Association is the accreditor for veterinary hospitals across the United States and Canada. Dr. Beale, associate dean at the University of Pennsylvania School of Veterinary Medicine, will become the association's next leader on April 1.

Two Women Named to Interim President Positions in Florida

Angela Garcia Falconetti, who has been serving as president of Polk State College in Winter Park, Florida, has been named interim president of her alma mater, the University of North Florida. Anne B. Kerr, president emerita of Florida Southern College, has been named interim president of Polk State College.

Teresa Rich Elevated to President of Yakima Valley College in the State of Washington

Following 18 months of interim service, Dr. Rich has been officially named the seventeenth president of Yakima Valley College in the state of Washington. She has worked for the college for more than two decades, including 18 years as vice president for administrative services.

Instructional Professor in Law, Letters, and Society (Open Rank)

The Social Sciences Collegiate Division at the University of Chicago is now accepting applications for a full-time Instructional Professor who will teach in the program in Law, Letters, and Society.

Assistant Professor AC Track Assistant Director of Clinical Chemistry Laboratory – Children’s Hospital of Philadelphia

Children's Hospital of Philadelphia and the Department of Pathology and Laboratory Medicine at the Perelman School of Medicine at the University of Pennsylvania seek candidates for an Assistant Professor position in the non-tenure academic clinician track. Expertise is required in the specific area of Clinical Chemistry.

Sustainability Manager

The Sustainability Manager serves as the University of Nevada, Reno’s campus-wide sustainability lead, coordinating sustainability planning, implementation, reporting, and engagement across academic, research, administrative, and operational units.

Assistant Professor of Black Studies

The Black Studies Department at The City College of New York invites applications for a full-time, tenure track Assistant Professor of Black Studies who is firmly situated, trained, and credentialed in the field of Black Studies.

Instructional Professor of Sociology in MAPSS (Open Rank)

The University of Chicago Division of the Social Sciences invites applications for appointment as Instructional Professor at the rank of Assistant, Associate, or Full Professor, with a specialization in Sociology, in the Master of Arts Program in the Social Sciences.