Last updated on: 7/23/2020 12:45:14 PM PST
Should Title IX Give More Protection to College Students Accused of Sexual Misconduct?
On May 6, 2020 Betsy DeVos issued a new Title IX rule that "narrows the definition of sexual harassment and requires schools to produce evidence and allow for the cross-examination of students who say they were assaulted" in order to "ensure that those accused of sexual assault receive due process." Critics argue that it could silence victims.
Source: Jonathan Easley, "Biden Says He'll Reverse DeVos Rule Bolstering Protections for Those Accused of Campus Sexual Assault," thehill.com, May 6, 2020
Pro (Yes)
Pro
"Yes. Universities receiving federal funds have a legal obligation to protect students from gender-based violence and harassment – including sexual assault. Universities are under equal obligation to provide access to education for those who are accused - but have not been convicted - of sexual assault. False reports and mistaken identity are relatively rare, but they do happen. The rights of accused students to education and facilities must also be protected. Disciplinary measures and due process must uphold the rights of all students. We can (and must) support survivors without creating new victims with unjust systems."
Source: Communication from the Jorgensen campaign to ProCon.org on Sep. 8, 2020.
Pro
Source:
[Editor's Note:The Trump Adminstration published the rule giving more protection to college students accused of sexual misconduct. Education Secretary Betsy DeVos stated, "Too many students have lost access to their education because their school inadequately responded when a student filed a complaint of sexual harassment or sexual assault... This new regulation requires schools to act in meaningful ways to support survivors of sexual misconduct, without sacrificing important safeguards to ensure a fair and transparent process. We can and must continue to fight sexual misconduct in our nation's schools, and this rule makes certain that fight continues."
Source: Jonathan Easley, "Biden Says He'll Reverse DeVos Rule Bolstering Protections for Those Accused of Campus Sexual Assault," thehill.com, May 6, 2020]
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Con (No)
Con
"It’s wrong. And, it will be put to a quick end in January 2021, because as president, I’ll be right where I always have been throughout my career — on the side of survivors, who deserve to have their voices heard, their claims taken seriously and investigated, and their rights upheld... It lets colleges off the hook for protecting students, by permitting them to choose to investigate only more extreme acts of violence and harassment and requiring them to investigate in a way that dissuades survivors from coming forward. Survivors deserve to be treated with dignity and respect, and when they step forward they should be heard, not silenced. Today, Betsy DeVos and Donald Trump published a rule that flies in the face of that belief and guarantees that college campuses will be less safe for our nation’s young people”
Source: Jonathan Easley, "Biden Says He'll Reverse DeVos Rule Bolstering Protections for Those Accused of Campus Sexual Assault," thehill.com, May 6, 2020
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Not Clearly Pro or Con
"Credible allegations of sexual assault should always be investigated with due process, no matter how rich or powerful the accused is. This shouldn't be a partisan issue - it's a question of basic justice. #MeToo"
Source: Howie Hawkins, Twitter.com, Apr. 26, 2020
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