The federal Department of Education amended the laws that make up Title IX regarding sexual misconduct and how schools are required to investigate and discipline students involved.
The new guidance, which is currently represented as a placeholder policy until Secretary of Education Betsy DeVos can design a permanent solution, requires a higher burden of proof against accused students, and allows schools to design their own methods of how the process is handled.
One of the changes to the laws is in a footnote in the new guidance document sent to Title IX coordinators. “The standard of evidence for evaluating a claim of sexual misconduct should be consistent with the standard the school applies in other student misconduct cases,” the new guidance document said. DeVos said she believes the process needs to be more equitable and fair to those accused of sexual misconduct. “This interim guidance will help schools as they work to combat sexual misconduct and will treat all students fairly,” DeVos said in a statement.
The Department of Education also rescinded a document that set guidelines for Title IX under the Obama administration, commonly referred to as the “Dear Colleague letter,” as well as a series of questions and answers with the Department of Education on Title IX from 2014. “The withdrawn documents ignored notice and comment requirements, created a system that lacked basic elements of due process and failed to ensure fundamental fairness,” the Department of Education said in a press release on Sept. 22. Under the Title IX laws, schools are permitted to exercise some autonomy in how they handle sexual misconduct cases.
The change to the law under DeVos alters the standards to which colleges must adhere to in making their own policies. In New York State, all colleges and universities must follow the “Enough is Enough” law. Passed by a unanimous vote in the state Senate in 2015, the law defines the term “affirmative consent,” enacts the “Good Samaritan” rule that keeps reporters from legal trouble for underage drinking or drug use, requires a campus-by-campus Student’s Bill of Rights and protects those who report assaults from retaliation by the school, as well as many other rules controlling how those involved in sexual misconduct cases are treated and protected. “SUNY and SUNY Oswego policy, which is based on New York State Education Law Article 129-B [Enough is Enough], will remain in effect until federal law requires changes,” said Lisa Evaneski, Title IX Coordinator at Oswego State.
“Our campus has always insured due process, and we care a great deal that all victims and accused persons are treated fairly.” According to the purpose section of the law, its goal is to require all colleges and universities in New York to implement uniform prevention and response policies and procedures relating to sexual assault, domestic violence, dating violence and stalking.
Title IX is managed at a federal level by the Department of Education’s Office for Civil Rights. The office ensures that any institution that gets funding from the Department of Education follows its rules on non-discriminatory policies.
The Oswego State administration is reviewing the changes made to the law and intends to keep up its standards when it comes to due process, according to Wayne Westervelt, the chief communications officer for Oswego State.
“At SUNY Oswego, we are focused on protecting and helping victims of sexual assault, mounting fair and vigorous campus prosecution of claims of sexual assault and providing an environment of education and information that will reduce and prevent sexual assault on campus,” said Oswego State President Deborah Stanley. “Our policies and practices reflect these goals.”
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