The landscape of campus sexual assault policies in U.S. colleges and universities is once again shifting. Following a recent directive from the Education Department, schools nationwide are required to revert to rules enacted during President Donald Trump’s first term. These rules, put into place by former Education Secretary Betsy DeVos in 2020, emphasize live hearings and more robust protections for students accused of sexual misconduct.
This change follows a decision by a federal judge in Kentucky, which rolled back modifications made under the Biden administration. The judge’s ruling reinstates the earlier Trump-era policies, emphasizing that Title IX, a law from 1972 aimed at preventing sex-based discrimination, must adhere to the definitions set forth in the DeVos guidelines.
Under these rules, complaints of sexual misconduct are handled through structured procedures that include live hearings. These sessions allow accused students to cross-examine their accusers via an advisor, a point which has stirred significant debate. Advocates argue it ensures fairness in the process, while critics, including victim rights groups, contend it could discourage reporting and traumatize victims.
The Biden administration had sought to broaden Title IX’s scope, offering greater protections to LGBTQ+ students and expanding behaviors classified as sexual harassment. This expansion, however, was deemed by the Kentucky court as an overreach, clashing with constitutional free speech rights by imposing requirements like honoring students’ preferred pronouns.
The Education Department reiterated its stance on upholding equality and maintaining facilities and programs that protect all individuals, including women and girls. Acting Assistant Secretary for Civil Rights, Craig Trainor, highlighted the administration's commitment to these fundamental rights.
Returning to the DeVos-era policies signifies a narrower definition of sexual harassment and limits colleges' liability except in cases of ‘deliberate indifference’. These policies don't require schools to address off-campus incidents unless triggered by official reports. Additionally, schools will now undergo rigorous compliance checks to ensure adherence to these detailed guidelines.
Interestingly, this shift comes amid ongoing investigations, such as one involving Denver schools, which is under scrutiny for transforming a girls’ restroom into an all-gender facility. Cases initiated under the Biden rules must immediately align with the 2020 standards.
While some view these changes as necessary for ensuring due process and balance, others worry it may tilt the scales against victims, deterring them from coming forward. As the spotlight returns to DeVos' 500-page policy framework, educational institutions brace for a renewed focus on compliance and procedure.
Amid these developments, Trump has nominated Linda McMahon, a seasoned business executive known for her leadership in World Wrestling Entertainment, to head the Education Department. Her upcoming Senate confirmation hearing is eagerly anticipated as stakeholders look to see how she will navigate this complex landscape.