Advocacy groups upset over possible changes to campus sexual assault rules

Groups that advocate for survivors of sexual assault on college campuses are accusing the Trump administration of letting schools off the hook after reports that the Department of Education is set to release new rules that would change the process of investigating assaults to protect the rights of the person accused of misconduct.

Multiple news outlets reported that the Department of Education is set to issue new rules about how colleges and universities handle allegations of sexual assault or misconduct on campus.

The news was first reported by The New York Times, which reported a draft of the rule would use a more narrow definition of sexual harassment, only hold schools accountable for complaints about conduct on campus, allow schools to choose the standard of evidence in deciding whether to discipline students accused of misconduct, and possibly allow students accused of assault to ask questions of the person who filed the complaint against them.

Advocacy groups for survivors like Know Your IX, referencing Title IX, and End Rape on Campus, said the report was cause for concern.

“While we await the proposed rule from the Department of Education, today’s report in the New York Times is deeply concerning. To require that assaults take place on campus in order to be investigated will shut out thousands of survivors who are assaulted off-campus. To allow campuses to determine their own standard of evidence and whether or not to provide an appeals process is willfully ignorant, and will go back to a time when rape on campus was swept under the rug. To let survivors be cross-examined by a person who has violated them is downright cruel," Jess Davidson, executive director of End Rape on Campus said in a statement.

Know Your IX, a survivor-led campaign against sexual violence, said in a statement that the rule would let schools off the hook and even enable assault at schools that they say could avoid liability for how they handle sexual assault claims. The group said that limiting a school's responsibility to complaints about misconduct that occurs only on campus could discourage reports about assaults that occur in off-campus housing or at fraternity houses, even though students could still see the person they say assaulted them on campus.

Other groups that say the Obama administration policies too heavily favored accusers told the Times the details reported on the draft rule could go a long way toward restoring due process.

The Obama administration previously issued guidance to schools on how to handle Title IX complaints that students civil rights were violated on the basis of sex, including accusations of sexual assault or harassment.

DeVos rescinded that guidance in 2017 and issued temporary guidance while it worked to draft new rules.

How universities handle Title IX complaints has been the subject of increased scrutiny in the last year amid allegations against and the conviction of former USA Gymnastics doctor Larry Nasser at Mighican State University and the advocacy around the #MeToo movement. On Thursday the NCAA said Michigan State did not violate any rules in how it handled allegations against Nasser but earlier this year the school agreed to pay $500 million to the 332 people who accused him of sexual abuse.

DeVos has previously said the process under Obama was not working and that rules should protect due process for the accuser. She has been criticized for meeting with so-called "men's rights" groups that advocate for the rights of students accused of misconduct. DeVos also met with survivors groups and educational institutions about how schools handle sexual assault complaints under Title IX.

The Wall Street Journal reported that the rule will be made public next month but a department spokeswoman said they would not comment on the details.

"We are in the midst of a deliberative process. Any information the New York Times claims to have is premature and speculative, and therefore we have no comment." Education Department press secretary Liz Hill said in a statement.

Aside from any upcoming federal rules, legal decisions could prompt many universities to change how they handle Title IX complaints.

Federal courts have ruled in multiple cases that students accused of misconduct should have the opportunity to ask questions of their accuser to establish if they are credible, but that the questions can be submitted and asked by university staff instead of forcing survivors to be questioned by the person they say assaulted them.

The 6th Circuit Court of Appeals, which covers Michigan where two major universities have been criticized for their handling of sexual assault complaints, is considering a case that could determine if universities are required to hold live hearings in Title IX cases, according to the Detroit Free Press.

Any rule proposed by the Education Department will likely be subject to public comment.