Why is it that it’s 2017 yet we are going backward, instead of forward, when it comes to the rights of sexual assault survivors? Okay—perhaps that was a trick question. After all, in addition to all the rampant misogyny in our society, we also know that millions of Americans voted to put a sexual predator into the presidency. He, in turn, has made it his mission to fill his administration with the worst possible human beings imaginable. Folks like Betsy DeVos, Secretary of Education, who last week decided to rescind protections given to sexual assault survivors under Title IX. The guidance, put in place by the Obama administration, outlined expectations for how universities handle sexual assault investigations.
But, as is obvious from her record, Betsy isn’t really an educator nor does she care about protecting the rights of students. Advocates for sexual assault survivors know that this horrible decision could potentially prevent survivors from reporting their assault.
Under the department’s interim guidance, which could take up to 18 months to be finalized, the suggested 60-day timeframe for prompt investigations would be replaced with “no fixed time frame.” Colleges can decide to pursue an informal resolution, like mediation, forcing survivors to “work things out” with the accused. In disciplinary proceedings, colleges have the option of using one of two burden of proof standards when deciding whether someone committed sexual misconduct — a preponderance of the evidence standard, which means that it’s more likely than not that the accused is responsible for sexual assault, or a clear and convincing evidence standard, which means evidence must be presented that will lead people to believe there is a high probability that the victim was sexually assaulted. Colleges can also implement a process that allows only the accused to appeal a decision. [...]
Under the guidance, universities are allowed to consider the effect of the consequence on the accused, but not on the victim.
This sounds like an absolute recipe for disaster which could put people directly in harm’s way. Basically, this means zero accountability for universities. Under this guidance, they are not required to follow up with investigations within any specific amount of time meaning an investigation could, in theory, go on for years—well after a student has left school. And if a university deems it appropriate, they can force the survivor to have to face their accuser in mediation.
This guidance also allows accusers the right to appeal a decision—after evidence has been found that they have raped someone. Let’s imagine what kind of environment this will foster on campus. Likely one in which sexual assault is rampant and goes unpunished. It leaves assault survivors at the mercy of their attackers which they will be forced to attend classes and share public space with.
This is the exact opposite of keeping students safe and free from discrimination. And this could have an impact on other kinds of important issues as well.
Sexual assault is a form of sex discrimination and is investigated as such. With its interim guidance, the department is essentially changing how a type of discrimination case is handled. Michele Landis Dauber, a Stanford University law professor, said the department’s new guidance could call into question how other kinds of complaints around disability and racial discrimination are handled.
“In any harassment context — sexual violence, racial harassment, sexual identity harassment, gender identity harassment, and disability harassment — all of these are legally adjudicated under same basic set of rules, and the requirement that everything be equal between students applies in all of these other areas of harassment,” Landis Dauber said. “We have no idea what the impact of this rule would be on other forms of harassment.”
This doesn’t make any sense. It’s not practical and it will ruin lives. Yet, it’s fully in line with everything we’ve seen from Trump and friends. Everyday it seems unimaginable that this administration could do any more to destroy the lives of Americans. But then it continues to do things to show that they don’t care about anyone nor are they concerned about sinking any lower. In the words of Stanford Law Professor Michele Landis Dauber: “This is cruel. It’s heartless. It’s designed to derail the education of victims and discourage reporting. Basically, the message to victims is ‘go away and suffer in silence. You’re on your own.’”