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More fair?

White House rolls back on Title IX sexual assault guidance

By WITW Staff on September 25, 2017

In the wake of Betsy DeVos’s announcement that she planned to scale back on Title IX sexual assault guidelines, the Trump administration on Friday rescinded Obama-era guidance for investigating campus assault.

The Associated Press reports that the administration has replaced the previous guidelines with interim instructions that allow schools to opt for a stricter standard of evidence when investigating sexual assault complaints. During the Obama administration, schools were told to use the “preponderance of evidence” standard, which meant that institutions had to decide if they were more than 50 percent certain of a student’s guilt. The new guidelines let schools adhere to the “clear and convincing evidence” standard, which is more difficult to meet.

Education Secretary DeVos has said that the Obama-era guidelines were unfair to students accused of sexual assault.

“This interim guidance will help schools as they work to combat sexual misconduct and will treat all students fairly,” she explained in a statement, according to Time.

“Schools must continue to confront these horrific crimes and behaviors head-on. There will be no more sweeping them under the rug. But the process also must be fair and impartial, giving everyone more confidence in its outcomes.”

The temporary instructions will remain in place until the Education Department can collect comments and implement a permanent rule.

Read the full story at The Associated Press.


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