Biden signaled he would reverse the changes Former President Trump’s administration made to Title IX operating procedures.
Then-Secretary of Education Betsy DeVos ended the Obama-era policy that allowed kangaroo courts in universities to run amuck. Under Obama, young men and women were being routinely accused for sexual crimes they never committed. His Title IX policy seriously discouraged any due process or outside protection from the police.
DeVos said the previous approach did a “disservice to everyone involved”. She reassured students that “every claim of sexual misconduct does not automatically come with a guilty plea.”
Her rules still shielded alleged victims from their alleged accusers, but guaranteed the accused certain rights of due process. DeVos ordered that cross-examination may occur, but through representatives from both parties. The accuser was never forced to be meet the accused.
The changes by DeVos required that sexual harassment be defined as both “severe and pervasive” – not one or the other as previously labeled – and schools could be held accountable for mishandling complaints only if they acted with “deliberate indifference.”
Sage Carson, manager of “Know Your IX,” an advocacy group for students protected by Title IX, said the changes by DeVos made survivors less willing to report.
Title IX is the 1972 law barring discrimination based on sex in education; the law and DeVos’ regulation applied to the nation’s colleges and universities, along with elementary and secondary schools.