President Biden Will Revisit Trump Rules on Campus Sexual Assault – The New York Times

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“It’s not to say that they couldn’t loosen some of the Trump-era rules,” R. Shep Melnick, a politics professor at Boston College and the author of “The Transformation of Title IX: Regulating Gender Equality in Education,” said in an interview. “But if they try to go back to the Obama-era rules, I’m pretty sure that they would lose in court.”

Jennifer Klein, who will lead the re-established White House Gender Policy Council with Julissa Reynoso, the chief of staff to Jill Biden, the first lady, told reporters on Monday that “everybody involved” in a sexual complaint, “accused and accuser,” was entitled to due process.

“The policy of this administration is that every individual, every student, is entitled to a free — a fair education free of sexual violence, and that people — all involved — have access to a fair process,” said Ms. Klein, a former senior adviser to Hillary Clinton when she was the first lady.

Victims’ rights groups hailed the Obama-era rules for reversing longstanding practices on college campuses of sweeping sexual assault claims under the rug, and for extending wide-ranging protections from obstacles that had long stymied reporting of sexual assault. The guidance instituted a broad definition for what qualified as sexual harassment, discouraged cross-examination and required schools to use the lowest evidentiary standard in adjudicating claims.

The guidance, however, was also criticized by school administrators and due-process activists, who said it amounted to an illegal edict that incentivized schools to often err on the side of complainants. Hundreds of federal and state lawsuits have been filed by students accused of sexual misconduct since 2011, when the Obama administration issued its guidance, and dozens of students have won court cases against their colleges for violating their rights under those rules.

Source Article from https://www.nytimes.com/2021/03/08/us/politics/joe-biden-title-ix.html

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