{"id":45708,"date":"2020-08-13T01:26:00","date_gmt":"2020-08-12T22:26:00","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/federal-judge-refuses-to-block-campus-sexual-assault-rules\/"},"modified":"2024-08-26T11:28:35","modified_gmt":"2024-08-26T08:28:35","slug":"federal-judge-refuses-to-block-campus-sexual-assault-rules","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/federal-judge-refuses-to-block-campus-sexual-assault-rules\/","title":{"rendered":"#Federal judge refuses to block campus sexual assault rules"},"content":{"rendered":"\n
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Students are seen on the University of Illinois campus. – Getty Images\/iStockphoto<\/figcaption><\/figure>\n\n\n\n

WASHINGTON \u2014 A federal judge on Wednesday allowed the Education Department to move forward with new rules governing how schools and universities\u00a0respond to complaints of sexual assault.<\/p>\n\n\n\n

The rules, which take effect Friday, expand the rights of the accused, narrow the definition of sexual harassment and reduce the scope of cases that schools are required to investigate,\u00a0among other changes.<\/p>\n\n\n\n

In a suit challenging the rules, attorneys general<\/a> from 17 states and the District of Columbia argued that the policy would block schools from investigating certain sexual abuse complaints and would discourage students from reporting assaults.<\/p>\n\n\n\n

\u201cAs a result, fewer sexual harassment complaints will be filed, and schools will be less well equipped to protect their students\u2019 safety and rid their programs and activities of the pernicious effects of sex discrimination,\u201d the suit said.<\/p>\n\n\n\n

But US District Judge Carl. J. Nichols rejected those arguments.<\/p>\n\n\n\n

\u201cPlaintiffs are free to investigate and punish as violations of their codes of conduct or of state law behavior that does not meet the new definition of sexual harassment under the Final Rule,\u201d Nichols wrote.<\/p>\n\n\n\n

He also turned aside an argument that the rules would bring heavy costs for schools and limit their ability to respond to the\u00a0coronavirus pandemic.<\/p>\n\n\n\n

\u201cThe Court recognizes the obvious seriousness of the COVID-19 pandemic,\u201d he wrote. \u201cIn fact, for these and other reasons, a later effective date might have been a preferable policy decision.\u201d<\/p>\n\n\n\n

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Education Secretary Betsy DeVos – AP<\/figcaption><\/figure>\n\n\n\n

Still, he said, the Education Department took the pandemic into account when it issued the new rules, and schools have long known that a new policy would be coming.<\/p>\n\n\n\n

Education Secretary Betsy DeVos said the ruling is \u201cyet another victory for students and reaffirms that students\u2019 rights under Title IX go hand in hand with basic American principles of fairness and due process.\u201d<\/p>\n\n\n\n

DeVos issued her policy May 6 after rescinding earlier guidelines from the Obama administration in 2017. Victims\u2019 advocates say the 2017 rules forced colleges to confront sexual abuse after ignoring it for years. But DeVos has said the guidelines turned campus disciplinary panels into \u201ckangaroo courts\u201d that were too quick to punish accused students.<\/p>\n\n\n\n

DeVos\u2019 rules, which carry the weight of law, tell schools how to implement Title IX, the 1972 law barring discrimination based on sex in education.<\/p>\n\n\n\n

Under her overhaul, the definition of sexual harassment is narrowed to \u201cunwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive\u201d that it denies a person access to a school\u2019s education programs or activity.<\/p>\n\n\n\n

The policy will now require colleges to investigate claims only if they\u2019re reported to certain officials, and schools can be held accountable for mishandling complaints only if they acted with \u201cdeliberate indifference.\u201d Opponents also took exception with a provision allowing students to question one another through representatives at live hearings.<\/p>\n\n\n\n

DeVos on Wednesday said the rules require schools \u201cto act in meaningful ways to support survivors of sexual misconduct without sacrificing important safeguards to protect free speech and provide all students with a transparent, reliable process.\u201d<\/p>\n\n\n\n

The case challenging the rules was led by attorneys general in Pennsylvania, New Jersey and California, with backing from a total of 17 states and the District of Columbia.<\/p>\n\n\n\n

The California and Pennsylvania attorneys general didn\u2019t immedia<\/a>tely respond to requests for comment.<\/p>\n\n\n\n

The challenge was supported by the American Council on Education, an association of university presidents, along with 24 other higher education organizations. In a June legal brief, the groups said the policy ordered a \u201csea change\u201d for colleges but gave them less than three months to implement it.<\/p>\n\n\n\n

\u201cIn the best of times, that deadline would be unreasonable. But in light of the extraordinary burdens that have been placed on American colleges and universities in the wake of the COVID-19 global pandemic, that August 14 implementation deadline is problematic in the extreme,\u201d the groups wrote.<\/p>\n\n\n\n

Related article : A Comprehensive Guide to Sexual Assault in College<\/a><\/strong><\/p>\n\n\n

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Source<\/a><\/span><\/p>","protected":false},"excerpt":{"rendered":"

WASHINGTON \u2014 A federal judge on Wednesday allowed the Education Department to move forward with new rules governing how schools and universities\u00a0respond to complaints of sexual assault. The rules, which take effect Friday, expand the rights of the accused, narrow the definition of sexual harassment and reduce the scope of cases that schools are required…<\/p>\n","protected":false},"author":1,"featured_media":632194,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/nypost.com\/wp-content\/uploads\/sites\/2\/2020\/08\/illinois.jpg?resize=1536,1024&quality=75&strip=all","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[71116,71895,83611],"class_list":["post-45708","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general","tag-betsy-devos","tag-sexual-assaults","tag-title-ix"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/45708","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=45708"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/45708\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/632194"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=45708"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=45708"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=45708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}