The Trump administration has formally implemented new rules governing how US colleges handle sexual misconduct accusations against students, angering institutions that fear heavy-handed treatment of alleged victims.
, first聽proposed by the administration in 2018, include聽聽the live questioning of accusers and impose tougher standards for deciding guilt and punishment.
The changes will 鈥渆nsure that schools can no longer inflict longstanding harm against students before providing basic, fair procedures鈥, US President Donald Trump said in a statement.
US universities have been聽largely opposed to the measures, arguing during the regulatory drafting process that the more adversarial format envisioned by the administration will discourage聽many assault victims聽from coming forward.
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Lobby groups, including the American Council on Education (ACE) and the Association of Public and Land-Grant Universities (APLU),聽聽to win a delay on the grounds that coronavirus-related shutdowns make this a poor moment to impose such a consequential overhaul.
鈥淭oday鈥檚 release of these regulations, with an incomprehensible mandate to fully implement them by August 14, is as cruel as it is counter-productive,鈥 the president of the ACE, Ted Mitchell, said聽. The Education Department usually gives institutions at least eight months to implement new regulations, he said.
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The Trump administration accepted聽聽raised by the higher education community, said the APLU鈥檚 statement聽, Peter McPherson.
US education secretary Betsy DeVos rejected the complaints. Speaking with reporters, she called the changes urgent, said聽that universities had plenty of time to prepare for them, and suggested that empty campuses offered a prime opportunity to work on implementation.
Congressional leaders also held to their respective positions, with聽聽that the new rule endangers students and聽聽that the new policy balances the rights of both victims and the accused.
The presumed Democratic nominee for president, Joe Biden, also weighed in, promising the new regulations 鈥渨ill be put to a quick end鈥 if he is elected. 鈥淪imply put,鈥澛, 鈥渢his new rule gives colleges a green light to ignore sexual violence and strip survivors of their rights.鈥
Mr Biden has been confronted in recent days with a聽, which he has denied. Mr Trump has faced聽, which he has also denied.
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The Foundation for Individual Rights in Education 鈭 a pressure group that has been critical of both political parties, and of universities, on civil rights issues 鈭 has largely backed the Trump administration position on the change in sexual assault procedures.
The group said it has counted聽聽filed against colleges since 2011 for allegedly conducting unfair disciplinary processes, with many of the complaints proving successful in court.
Others suggested that such data overlooks the number of assaults聽. The new rules, said Kim Churches, chief executive officer of the American Association of University Women, 鈥渨ill stack the deck against survivors, making it too onerous, even traumatic, for many to come forward鈥.
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Along with introducing live questioning of victims, higher standards of evidence and narrower definitions of harassment, the administration鈥檚 new regulations relieve colleges of designating most of their employees as staff who are required to report sexual abuse allegations. It also bans the practice of lone investigators making determinations without a hearing.
The new rules require colleges to investigate off-campus behaviours if they occurred during official activities. That does not cover off-campus apartments, fraternity houses not formally recognised by the college or study-abroad periods.
The rules were created through the government鈥檚 formal regulatory process, which takes many months, but prevents their quick reversal by a subsequent administration without congressional approval.
The process largely gives presidential administrations the right to do as they see fit, within the confines of any applicable laws, albeit while forced to take public comments on the matter. This revision attracted about 100,000 public responses, an聽unusually large number, with most registering opposition.
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