In major shift, Betsy DeVos will require due process for students accused of sexual misconduct, accuser

In major shift, Betsy DeVos will require due process for students accused of sexual misconduct, accuser
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[Ed. – Comes as a setback for Hillary Clinton, who argues ‘We should believe, as a matter of default, what an accuser says.’]

The Education Department is drafting a new approach to campus sexual misconduct adjudication. It will permit colleges to adopt higher evidentiary standards in hearings, mandate cross-examination of relevant parties in a dispute, and stress that all students are considered innocent until proven guilty, an official with knowledge of the proposal has confirmed to Reason.

If adopted as formal policy, these measures would go a long way toward fixing the due process deficiencies that plagued the Obama administration’s guidance relating to Title IX, the federal statute that deals with sex discrimination in schools.

This news was first reported by The New York Times, which obtained a leaked draft of the new rules. The Education Department had not planned to release details to the public yet; as such, the agency declined comment to the Times. But Reason was able to confirm that the Education Department is indeed mulling the changes detailed in the Times story.

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