organized students across the country to express their outrage about the proposed rollbacks of protections for survivors of sexual assault and harassment.
Drobac continued, “Schools should prohibit and respond to disruptive and discriminatory harassment, even if it may not rise to the level of a courtroom Title IX case.”The regulations make sexual assault harder to prove and they remove protections for survivors who step forward to report sexual harassment and assault.Obama administration’s definition:
Require a live hearing, force survivors to be subject to live cross-examination by a representative of the alleged perpetrator, and allow the exclusion of survivors’ testimony if they refuse to be cross-examined; Remove the 60-day timeline for campus investigations, so that schools can run out the clock until students give up or graduate.
The DeVos regulations in effect treat school disciplinary hearings as if they were criminal proceedings in a court of law. The regulations conflate these contexts, giving accused students criminal procedural rights in a school administrative context. Heightened procedural protections such as the right to cross examination and the right to representation are hallmarks of the criminal law system because a defendant’s very freedom is at stake.
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