Sweeping Campus Rape Back Under The Rug

DeVos Said She INtended to Reverse Obama-Era Guidance On How Schools Handle Cases Of Sexual Assault Under Title IX

Education Secretary Betsy DeVos Said She Intended To Reverse Obama-Era Guidance On How Schools Handle Cases Of Sexual Assault Under Title IX. According to CNN, “Education Secretary Betsy DeVos announced Thursday that the department will review Obama-era guidance on campus sexual assault, citing concerns that the current policy denies due process to individuals accused. […] Title IX is a federal law that prohibits discrimination based on sex for schools and programs that receive federal funding. This includes protection from sexual harassment. DeVos later said the department has already begun the process to rollback the Obama-era Title IX guidance. DeVos was asked in an interview with CBS News’ Jan Crawford if Thursday’s announcement meant she was ‘rescinding the Obama administration guidelines.’ ‘Well, that’s the intention, and we’ve begun the process to do so,’ DeVos said to Crawford. ‘As I’ve said earlier, in all of this discussion, it really is a process not an event.’ In 2011, the Obama administration outlined guidelines for schools on how to handle sexual assault allegations in a memo referred to as a “dear colleague” letter.” [CNN, 9/7/17]

DeVos Said The Replacement Policy Would Better Balance The Rights Of The Victims And The Accused

DeVos Said The Replacement Policy Would Better Balance The Rights Of The Victims And The Accused. According to Politico, “Education Secretary Betsy DeVos said Thursday that she will rescind an Obama-era schools directive on sexual assault and develop a replacement that she said would do a better job of balancing the rights of victims and the accused. ‘The truth is that the system established by the prior administration has failed too many students,’ DeVos said during a half-hour speech at George Mason University where she took no questions. ‘Survivors, victims of a lack of due process and campus administrators have all told me that the current approach does a disservice to everyone involved.’” [Politico, 9/7/17]

• DeVos: The Guidance “Weaponized The Office Of Civil Rights To Work Against Schools And Against Students.” According to Politico, “The Trump administration will revamp the guidance through a rulemaking process that likely will take months, DeVos said, blasting the guidance for having ‘weaponized the Office of Civil Rights to work against schools and against students.’ She said the administration will give all sides a chance to offer opinions on how it should move forward.” [Politico, 9/7/17]

DeVos Said The Administration Would Launch A Notice-And-Comment Process To Take In Public And Stakeholder Feedback On The Policy

DeVos Said The Administration Would Launch A Notice-And-Comment Process To Take In Public And Stakeholder Feedback On The Policy. According to CNN, “However, DeVos did not make clear how the Education Department will change the policy. ‘In order to ensure that America’s schools employ clear, equitable, just and fair procedures that inspire trust and confidence, we will launch a transparent notice-and-comment process to incorporate the insights of all parties in developing a better way,’ DeVos said. ‘We will seek public feedback and combine institutional knowledge, professional expertise and the experiences of students to replace the current approach with a workable, effective and fair system.’” [CNN, 9/7/17]

• The Education Department Said It Would Issue Temporary Title IX Guidance In The Meantime. According to Politico, “The Education Department will issue temporary Title IX guidelines for school districts, colleges and universities as it works on a permanent replacement for Obama-era guidelines, said agency spokeswoman Liz Hill.” [Politico, 9/7/17]

Obama’s Guidance Said Schools Were Required To Combat Sexual Assault Under Title IX, A Law Prohitibing SEx Discrimination

2011: The Department Of Education Issued A “Dear Colleague” Letter Laying Out How Schools Must Handle Reports Of Sexual Assault. According to Buzzfeed, “People in the education policy world are closely watching what the administration will do with a 2011 directive, called a Dear Colleague letter, issued by the Education Department that prescribed what schools must do when a student reports a sexual assault. The 2011 directive laid out how long campus investigations should take, what standard of evidence to use, and that schools could not simply defer to police to handle reports of sexual assault.” [Buzzfeed, 9/4/17]

The Obama Guidance Said Combating Sexual Assault Was Required Of Schools Under Title IX, A Law Prohibiting Sex Discrimination. According to Politico, “The 2011 Obama guidance for the first time pushed school district, college and university leaders to combat sexual harassment, including sexual violence, saying the institutions were required to do so under Title IX, a federal law that prohibits sex discrimination. Women’s groups hailed that as a crucial step in cracking down on sexual violence on campuses. But critics said it trampled the rights of the accused.” [Politico, 9/7/17]

The Guidance Said Each School Needed At Least One Employee Tasked With Enforcing Title IX And Implementing A Process For Judging Sexual Assault Cases

Inside Higher Ed: “Per The Guidance, Each Institution Needed To Ascribe Title IX Duties To At Least One Employee And Formulate A Fair And Impartial Process For Judging Sexual Assault Cases.” According to Inside Higher Ed, “Advocates for sexual violence prevention worried early in the Trump administration that DeVos would rescind entirely the 2011 Dear Colleague letter from Obama’s Education Department that was meant to clarify parts of the federal antidiscrimination law Title IX of the Education Amendments of 1972. Per the guidance, each institution needed to ascribe Title IX duties to at least one employee and formulate a fair and impartial process for judging sexual assault cases, though critics of the letter often say that colleges were overzealous in implementing it, creating bias against students accused of sexual assault.” [Inside Higher Ed, 9/6/17]

The Guidance Instructed Schools To Use A “Preponderance Of Guilt” Standard In Judgements, Rather Than The Stricter “Beyond A Reasonable Doubt” Standard

The Obama Guidance Instructed Schools To Use The Less Strict “Preponderance Of Guilt” – Rather Than “Beyond A Reasonable Doubt” – Standard For Sexual Assault Cases. According to Politico, “While criminal prosecutions of sexual assault hinge on the ‘beyond a reasonable doubt’ standard, most civil cases use a lesser standard called ‘the preponderance of evidence — essentially ‘more likely than not.’ Beginning in 2011, the Education Department published guidance prodding colleges and universities to use that lower standard for disciplinary hearings — a practice already in wide use. Defenders of the lower standard for academic proceedings say it has helped crack down on the epidemic of campus sexual assault. Multiple studies have shown that 5 percent of college women are

DeVos Would Not Commit To Keeping The Obama-Era Guidance In Place during Her Confirmation Hearing

DeVos Would Not Commit To Keeping The 2011 Guidance In Place During Her Confirmation Hearing. According to Buzzfeed, “Under DeVos’s leadership, the department has signaled significant changes are coming to federal policy on how schools deal with sexual violence under Title IX. She declined during her confirmation process to commit to keeping the 2011 guidance in place, and said in July, after a day of meeting with attorneys, survivors, and students accused of assault, that changes to Title IX policy needed to come ‘quickly.’” [Buzzfeed, 9/4/17]

DeVos Met With A Men’s Rights Group Opposed To Sexual Assault Investigations Under Title IX, Seemingly Sympathetic To Their Cause

DeVos Met With The National Coalition Of Men, A Men’s Rights Group That Opposes Obama’s Title IX Guidance And Publishes Identities Of Women They Say Falsely Accuse Men Of Sexual Assault. According to Buzzfeed, “For perhaps any other education secretary, the meetings would have been run-of-the-mill events. But earlier this week, DeVos angered advocates for victims of sexual assault by agreeing to meet with members of a men’s rights group, which argues that men accused of assault are treated unfairly by colleges under the Obama administration’s Title IX guidance. The National Coalition for Men has a history of intimidating victims by publishing the identities of women who they say made false accusations.” [Buzzfeed, 7/13/17]

DeVos After The Meetings: “We Need To Get This Right, We Need To Protect All Students, We Need To Do This Quickly.” According to Buzzfeed, “After days of controversy surrounding meetings with stakeholders in the campus sexual assault debate, Education Secretary Betsy DeVos said Thursday that she wanted to help both victims of assault and those who have been falsely accused of rape — a striking departure from the rhetoric of the Obama administration, which has focused primarily on survivors. DeVos strongly suggested that she was planning to overhaul the way that the government deals with campus sexual assault, calling the current system of enforcing Title IX broken. ‘We need to get this right, we need to protect all students, and we need to do this quickly,’ DeVos told reporters.” [Buzzfeed, 7/13/17]

DeVos: The Stories Of Those Falsely Accused Of Rape “Are Not Often Told.” According to Buzzfeed, “DeVos said that the stories of those falsely accused of rape ‘are not often told,’ repeatedly mentioning them alongside victims of sexual assault. ‘I saw a lot of pain today,’ Devos said of her meetings.” [Buzzfeed, 7/13/17]

A Top DeVos Appointee Openly Criticized Sexual Assault Investigations Under Title IX

DeVos Appointed Candice E. Jackson, An Opponent Of Sexual Assault Investigations Under IX, As Head Of The Education Department’s Office For Civil Rights. According to The New York Times, “The letters have come in to her office by the hundreds, heartfelt missives from college students, mostly men, who had been accused of rape or sexual assault. Some had lost scholarships. Some had been expelled. A mother stumbled upon her son trying to take his own life, recalled Candice E. Jackson, the top civil rights official at the Department of Education. […] In an interview previewing her plans, Ms. Jackson, who heads the Education Department’s Office for Civil Rights and organized Thursday’s sessions, made clear that she believes investigations under the 1972 law known as Title IX have gone deeply awry. A sexual assault survivor herself, she said she sees ‘a red flag that something’s not quite right’ — and that the rights of accused students have too often been ignored.’” [New York Times, 7/12/17]

Jackson Said Investigators Were “Specifically Told To Keep Looking Until” They Found A Violation. According to The New York Times, “Hundreds of cases are still pending, some for years, she said, because investigators were ‘specifically told to keep looking until you find the violation’ on college campuses even after they found none — a charge her critics strongly deny.” [New York Times, 7/12/17]

When Obama’s Education Department Published A List Of Schools Under Investigation For Sexual Violence Reports, Jackson Called It A “List Of Shame.” According to The New York Times, “The April 2011 guidance was only the first step in the Obama administration’s efforts to hold universities accountable for the way they investigate sexual assault. In 2014, the Education Department published a list of schools that faced civil rights investigations related to sexual violence reports, which included some of the nation’s elite Ivy League schools. Advocates saw the guidance, and the list, as powerful tools to raise awareness and persuade universities to take sexual assault complaints seriously. But Ms. Jackson said that college campus representatives have presented it to her as a ‘list of shame’ that even identifies universities where sexual misconduct has not yet been found to have occurred. The department is still deciding whether it will continue publishing the list.” [New York Times, 7/12/17]

NYT: Jackson Gained Notoriety For Attacking Hillary Clinton Over Her Husband’s Sexual Assault Accusers While Denouncing Trump’s. According to The New York Times, “Appointed by Ms. DeVos in April, Ms. Jackson represented sexual assault victims as a private lawyer before joining the Education Department. She is best known for her involvement in attacks against Hillary Clinton during the presidential campaign, when she elevated women who had accused former President Bill Clinton of sexual assault or harassment, while denouncing women who accused Mr. Trump of such behavior.” [New York Times, 7/12/17]

Before Becoming Education SEcretary, DeVos Donated $10,000 To An Advocacy Group That Opposed The Obama-Era Guidance

DeVos Donated $10,000 To The Foundation For Individual Rights In Education, An Advocacy Group Opposed To Obama’s Title IX Guidance. According to Politico, “Republican megadonor Betsy DeVos has given thousands of dollars to an advocacy group that is seeking to overturn an Obama administration policy that made it easier to discipline college students accused of sexual harassment or assault. The donations, totaling $10,000, by Donald Trump’s Education secretary pick have prompted criticism from Democrats and women’s groups in the run-up to her confirmation hearing next week. DeVos has not spoken publicly about the Education Department’s aggressive approach to campus sexual assault, but women’s groups and Democrats say her donations to the Foundation for Individual Rights in Education send a troubling signal. FIRE has sued the administration to raise the standard of proof for victims of sexual assault in university administrative hearings contending it is unfair to the accused.” [Politico, 1/9/17]

• Politico: “Defending The Rights Of Those Accused Of Campus Sexual Assault Or Harassment Is One Of The Group’s Top Priorities.” According to Politico, “DeVos and her husband have made at least two donations to FIRE, each for $5,000, in 2012 and 2013, according to financial records. Defending the rights of those accused of campus sexual assault or harassment is one of the group’s top priorities, although it advocates more generally for the individual rights of students and professors. The donations are modest compared to the DeVos’ vast political and charitable giving.” [Politico, 1/9/17]

As Many As One In Four Women Experience Sexual Assault In College, With The Vast Majority Of Cases Going Unreported

The Bureau Of Justice Statistics Found As Many As One In Four Women Experience Sexual Assault In College. According to the Huffington Post, “As many as one in four women experience sexual assault at college, though the vast majority never report it, according to a study of students at nine schools released Wednesday by the Bureau of Justice Statistics.” [Huffington Post, 1/20/16]

• Justice Department: “For The Period 1995-2013, Females Ages 18 To 24 Had The Highest Rate Of Rape And Sexual Assault Victimization Compared To Females In All Other Age Groups.” According to the U.S. Department of Justice, “For the period 1995–2013, females ages 18 to 24 had the highest rate of rape and sexual assault victimizations compared to females in all other age groups. Within the 18 to 24 age group, victims could be identified as students enrolled in a college, university, trade school or vocational school or as nonstudents. Among student victims, 20% of rape and sexual assault victimizations were reported to police, compared to 32% reported among nonstudent victims ages 18 to 24” [U.S. Department of Justice, Bureau of Justice Statistics, 12/14]

2011: The Education Department Found 3,300 Forcible Sex Offenses Were Reported On Campuses Across The Country, Up From 2,200 A Decade Earlier. According to TIME, “The federal Department of Education report looked at assault data up to 2011, when 3,300 forcible sex offenses were reported on campuses across the U.S. That was up from 2,200 reported sex assaults a decade earlier. University crimes in every other category decreased, said the report, which primarily focused on elementary and secondary school safety.” [TIME, 6/10/14]

• In 2015, 89% Of Colleges Reported Zero Incidents Of Rape, Suggesting Cases Go Greatly Underreported. According to USA Today, “Most U.S. colleges — 89% — reported zero incidents of rape in 2015, according to American Association of University Women (AAUW) analysis of data provided by schools to the U.S. Department of Education. Reported is the key word. Just because a school had no rape reports doesn’t mean no rapes happened. AAUW’s findings very likely do not reflect the true state of sexual violence among college students, since a majority of incidents go unreported.” [USA Today, 5/11/2017]
• DOJ: An Estimated 80% Of Victims Do Not Report Their Rape Or Sexual Assault To The Police. According to USA Today, “In fact, a 2014 report by the U.S. Department of Justice estimated that 80% of student victims don’t report their rape or sexual assault to police, based on data from 1995–2013.” [USA Today, 5/11/2017]

The Education Department Was On Track To REsolve More Sexual Assault cases In 2017 Than In Any Year Since The 2011 Obama Guidance

The Education Department’s Office For Civil Rights Was On Track To Resolve More Sexual Assault Cases In 2017 Than In Any Year Since The 2011 Obama Guidance. According to The Chronicle of Higher Education, “The civil-rights office is on pace to resolve more sexual-violence cases this year than it did in any other since the department issued its controversial 2011 ‘Dear Colleague’ letter. Last month was especially busy — five cases were resolved in July alone. That’s the most resolutions of any month in the enforcement era marked by the 2011 guidance. If the civil-rights office continues to resolve investigations at its current rate, it will quickly surpass the resolution totals seen in recent years.” [Chronicle of Higher Education, 8/3/17]

[Chronicle of Higher Education, accessed 9/12/17]

The Guidance, Available Online, Gave Victims A Means Of Holding Their Universities Accountable

Jess Davidson, Managing Director of The Group “End Rape On Campus,” Said She Was Able To Use The “Dear Colleague Letter” Posted Online As A Tool To Hold Her University Accountable For Following The Title IX Process. According to The Huffington Post “Davidson said that when she was a college student going through the Title IX process, she was able to access the Dear Colleague Letter online and hold her university accountable. ‘I was able to very easily find the 2011 Dear Colleague Letter online, highlight the sections that were not being followed in my proceeding, and take it to the Title IX office and say, ‘This is what you’re not doing and it’s wrong and I deserve a fairer process than this, in fact I’m guaranteed it under Title IX,’ she told HuffPost. ‘If we rescind the guidance it makes it harder for students to do that. It makes it harder for students to stand up for their own civil rights and to know their own civil rights.’” [Huffington Post, 9/6/17]

Annual Campus Climate Surveys, Recommended By The Guidance, Allowed Administrators To Better Serve Victims And Prevent Future Assaults

The Obama Guidance Recommended Schools Conduct Annual Campus Climate Surveys. According to the U.S. Department of Justice, “In its 2011 Dear Colleague Letter on Title IX Coordinators, OCR recommends that Title IX coordinators coordinate the collection and analysis of information from an annual climate survey if, as recommended by OCR, the school conducts one.” [U.S. Department of Justice, Talking Points: Campus Climate Surveys, 10/2016]

• DOJ: The Surveys “Generate Valuable School-Level Data About The Nature And Extent Of Sexual Assault On Individual Campuses So That Schools Can Create Tailored Prevention And Response Efforts.” According to the U.S. Department of Justice, “Campus climate surveys are essential for colleges and universities committed to preventing campus sexual assault. They generate valuable school-level data about the nature and extent of sexual assault on individual campuses so that schools can create tailored prevention and response efforts.” [U.S. Department of Justice, Talking Points: Campus Climate Surveys, 10/2016]

Dr. Felicia E. McGinty, Vice Chancellor For Student Affairs At Rutgers University, Used The Campus Climate Survey To Better Enhance Communication With Students About Available On-Campus Resources. According to an interview with Dr. Felicia E. McGinty, “We also uncovered that most survivors who did tell someone about sexual violence told a friend. Additionally, we learned that a majority of students who took the survey did not know what resources are available to victims of sexual violence or how to report an incident to the University, but they wanted to learn more. We have used, and will continue to use, all of this information to enhance services for students and improve our methods of sharing information.” [U.S. Department of Justice, 10/2016]

Jamie Nolan, Associate Vice President For Community, Equity And Diversity At The University Of New Hampshire, Used The Campus Climate Survey As Student Tool For Providing The Campus Community With Information And Outreach To Specific Groups. According to an interview with Jamie Nolan, “On the front end we conducted focus groups as a way to both gage where students were with regard to their understanding about climate studies as well getting a general sense of how they are experiencing the campus. Students then became ambassadors for the survey and provided outreach and education to other students. Their efforts were important for building support for the surveys, informing the community, and allowed us to follow-up with specific groups.” [U.S. Department of Justice, 10/2016]