In another move by the Trump Administration this past week, education secretary betsy devos announced that the department was trying to change how schools investigate actual misconduct by setting a review process for guidelines implemented by the obama administration. Secretary of us made the announcement at George Mason University law school in virginia. This is 30 minutes. [applause] sec. Devos thank you for the opportunity to be here. Thank you for making time to be here during this is a day of classes. To the students and faculty, thank you for being here on such a busy day. Its a great honor for me to be here today to address the very important topic. Earlier this year marked the 45th anniversary of title ix, a landmark legislation passed by congress that seeks to ensure and i quote, no person in the United States shall, on the basis of sex, be excluded, the be denied the benefits of or be subject to dissemination under any program or activity receiving federal financial assistance. The amendment to the Higher Education act was proposed by democrat senator birch by, signed into law by republican president richard nixon, and it later renamed for congresswoman minke, herself a victim of both sexesbased and racialbased discrimination as a japaneseamerican. The law has played a big role in shaping our nations environment and it has helped make clear that educational institutions have a responsibility to protect every student choco right to learn in a safe environment to read every students write to learn in a safe environment. It is a responsibility i take seriously and it is a response a responsibility that the department of educations office for civil rights takes very seriously. We will continue to enforce it and vigorously address all instances where people fall short. Sadly, too many fall short when it comes to their responsibility under title ix to protect students from Sexual Misconduct. Acts of which are perpetrated on campuses across our nation. The individual impacts of Sexual Misconduct are lasting, profound, and lamentable. And emotions around this topic run high for good reason. We need look no further than just outside these walls to see evidence of this. Yet i hope every person, even those who feel they disagree, land an ear to what ive outlined. I am glad we live in a country where open debate of ideas is welcomed and encouraged. Debate, of course comes with , responsibility. Violence is never the answer when viewpoints diverge. I appreciate that you have the opportunity to attend the universities that promote a higher level of discourse. So let me a clear at the outset. Acts of Sexual Misconduct are reprehensible, disgusting, and acceptable. And unacceptable. They are act of cowardice and personal weakness, often thinly disguised as strength and power. Such acts are atrocious and i wish this subject didnt need to be discussed at all. Every person on every campus across our nation should conduct themselves with selfrespect and with respect for others. But the current reality is a different story. Since becoming secretary, i have heard from many students whose lives were impacted by Sexual Misconduct. Students who came to campus to Gain Knowledge and who instead lost something sacred. We know this much to be true. One rape is one too many. One assault is one too many. One aggressive act of harassment is one too many. One person denied due process is one too many. This conversation may be uncomfortable, but we must have it. It is our moral obligation to get this right. Campus Sexual Misconduct must continue to be confronted head on. Never again will these acts only be whispered about in closed off counseling rooms or swept under the rug. Not one more survivor will be silenced. We will not abandon anyone. We will amplify the voices of survivors who too often feel voiceless. While i listened to the stories of many survivors and their families over his past several months, i could not help think of my own family. I thought about my two daughters. I thought about my two sons. Every mother dreads getting that phone call. A despond and child calling with unthinkable needs. Child callingt with unthinkable needs. I cannot imagine receiving that phone call. Too many mothers and fathers are left at the other end of the line completely helpless. I have looked parents in their tear filled eyes as he recounted as they recounted their own stories and each time, their pain was operable was palpable. Im haunted by a story one brave young woman told me. She was targeted and victimized by her college boyfriend, someone who she thought cared about her. He looked on as his roommate attempted to rape her. She escaped her harrowing encounter, but too many do not. For too many, an incident like this means something even worse. There is no way to avoid the devastating reality of campus Sexual Misconduct. Lives have been lost. Lives of victims and wives of and lives of the accused. Hearing my voice know someone who took his or her own life because they thought their future was lost, because they so no way out they thought no way out and they lost hope. One mother told me that her son had attempted to take his life multiple times. Each time she opens the door to his bedroom, she doesnt know whether she will find him alive or dead. No mother, no parent, no student should be living that reality. We are here today for those families. We need to remember we are not just talking about faceless cases. We are talking about peoples lives. Everything we do must recognize this. Before anything else. And we are here today because the Previous Administration helped elevate this issue in American Public life. They listened to survivors who brought this issue out of the back rooms of student life offices and into the light of day. I am grateful to those who endeavored to end Sexual Misconduct on campuses. But good intentions alone are not enough. Justice demands humility, wisdom, and prudence. It requires a serious pursuit of truth. This is why i recently hosted this summit, to better understand all perspectives, survivors, falsely accused students, and educational institutions, both k12 and higher ed. I wanted to learn as much as i could from as many as i could come up because the conversation that excludes some becomes a conversation for none. We are having this conversation with and for all students. Here is what i have learned. The truth is that the system established by the Prior Administration has failed to too many students. Survivors, victims of a lack of due process, and campus administrators have all told me that the current approach does a disservice to everyone involved. Thats why we must do better. Because the current approach is not working. Washington has burdened schools with increasingly elaborate and confusing guidelines that even lawyers find it difficult to understand and navigate. Where does that leave institutions, which are forced to be judge and jury . Where does that leave parents . Where does it leave students . This system, failed system, has generated hundreds upon hundreds of cases in the Departments Office for civil rights mostly , filed by students who reported Sexual Misconduct and believed their schools let them down it has also generated dozens upon dozens of lawsuits filed in courtrooms across the land. By students punished for Sexual Misconduct who also believe their schools let them down. The current failed system one it left one student to fend for herself at a University Disciplinary hearing. She told her university that another student sexually assaulted her in her dorm room. In turn, her university told her she would have to prosecute the case herself. Without any Legal Training whatsoever, she had to prepare an opening statement, fixed exhibits, and find witnesses. I dont think its the rate that rape that makes a person a victim, she toldthis is the c. You may have read recently about a disturbing case in california. It is the story of an athlete, his girlfriend and the failed system. The couple was described as playfully roughhousing, but a witness thought otherwise and the incident was reported to the title ix coordinator. The young woman repeatedly assured campus officials she had not been abused, nor had any misconduct occurred. Because of the failed system, University Administrators told her they knew better. They dismissed the young man from the Football Team and expelled him from school. Truth, the young woman said, i was stereotyped and told i must be a battered woman and that made me feel demeaned and absurdly profiled. This is the current reality. Another student at a Different School saw her rapist go free. He was found responsible by the school, but in doing so, the failed system denied him due process. He sued the school and at and after several appeals, he walked free. This is the current reality. A student on another campus under a title ix investigation under for a wrong rest and on a quiz. Knowtudent did not instructors name, so he made one up, Sarah Jackson which turned out to be the name of a model. He was given a zero and told that his answer was inappropriate because it allegedly objectified the female instructor. He was informed that his answer quote, meets the cut of my definition of sexual harassment. His university opened an investigation without any complainants. This is the current reality. Student who of a honorably served our country in the navy and wanted to continue his education after his service. He did not know the first thing about Higher Education. He googled how to apply to college and applied to one nearby. He was excepted and became the first in his family to attend college. The student told me that as graduation approached, his grandmother beamed with pride. She had already purchased the flight and picked out her sunday best for the occasion. Graduation,before he saw his future his future dashed. Via a suspended campuswide email that declared him a threat to the community. We try to learn the reason, he was barred from campus. He was not afforded counsel by the college and cannot afford counsel himself. He found a lawyer who submitted a freedom of information act request that would do no more. But would do no more. He was accused of sexual harassment, but he was still denied notice of the specific allegation and he remained suspended. This young man was denied due process, this pundit and without options are hope, after five years of sobriety, he relapsed and attempted to take his own life. He felt he had let down everyone who had mattered to him, including his grandmother who was looking forward to seeing the first member of her family done a cap and down. Don a cap and gown. Whatever accusers say you are is what people believe you are. That is the current reality. A student says he or she was sexually assaulted by another student on campus. If he or she is not purged to keep quiet or discouraged from reporting it to local Law Enforcement, the case goes to a cool a School Administrator who will act as judge and jury. The accused may or may not be told of the allegations before decision is rendered. If there is a hearing, both the survivor and the accused may or may not be allowed legal representation. Whatever evidence is presented may or may not be shown to all parties. Whatever witnesses, if allowed to be called, may or may not be cross examined. Washington dictated that schools must use the lowest standard of proof. Who may or official may not have any Legal Training in adjudicating Sexual Misconduct is expected to render a judgment. A judgment that changes the directions the direction of both students lives. The right to appeal may or may not be available and no one is permitted to talk about what went on behind closed doors. It is no wonder so many call these proceedings kangaroo courts. Washingtons pushed to require schools to establish these quasilegal structures to address Sexual Misconduct comes up far too short for far too many students. The Current System has not won widespread support, nor has it inspire confidence in its judgments. The results of the current approach, everyone loses. Some suggest that this Current System while imperfect at least protects survivors and must remain untouched. The reality is, it does not even do that. Survivors are not well served when they are read traumatized with appeal after appeal because the failed system failed the accused. No student should be forced to sue their way to do process. Due process. No school or university should deprive any student of his or her ability to pursue their education because the school fears shaming or loss of funding from washington. For too long, rather than engage the public on issues, the Departments Office for civil rights has issued letters from the desks of unelected and unaccountable political appointees. In doing so, these appointees failed to comply with basic legal requirements that ensure our Fourth Branch of government does not run amok. Unfortunately, School Administrators tell me it has. The office for civil rights has terrified schools, one said. Another said no school feels comfortable calling the office for fear of putting themselves on the radar. One university was appalled when he was asked by an official why do you care about the rights of the accused . Instead of working with schools on behalf of students, the Prior Administration recognized the office for civil rights to work against schools and against students. Thisdministrator some of up clearly when he told me his staff should be forwardlooking advocates for how to stop Sexual Misconduct. Instead, they have been forced data backward looking collectors to meet the departments demands. Faculty from the university of pennsylvanias law school boy grave concerns about the current approach. It exerts inote, proper pressure upon universities to adopt procedures that do not afford fundamental fairness. Outrage at heinous crimes becomes a justification for shortcuts and processes. Ultimately, there is nothing inconsistent with a policy that both strongly condemns and punishes Sexual Misconduct, and ensures a fair adjudicatory process. These percent these professors are right. The failed system imposed policy by political letter without even the most a sick safeguards to test new ideas with those who know this issue. Rather than inviting everyone to the table, the department insisted insisted it knew better. That will no longer be the case. Letter is rule by over. Through intimidation and coercion, the failed system has clearly pushed schools to overreach. With the heavy hand of washington to be the balance, the sad reality is that lady justice is not blind on campuses, today. This unraveling of justice is shameful. It is an american. It is anathema to the business of selfgovernance to which our founders pledged their lives over 240 years ago. There must be a better way forward. Every survivor of Sexual Misconduct must be taken seriously. Every student accused of Sexual Misconduct must know that guilt is not predetermined. These are nonnegotiable principles. Any failure to address Sexual Misconduct on campus fails all students. Any school that refuses to take seriously a student who reports Sexual Misconduct is one that discriminates. Any school that uses a system biased toward finding a student responsible for Sexual Misconduct also commits discrimination. A better way begins with a reframing. Has too oftenion been framed as a contest between men and women or the rights of Sexual Misconduct survivors and the Due Process Rights of accused students. The reality is a different picture. There are men and women, boys and girls who are survivors. There are men and women, boys and girls who are wrongfully accused. I have met them, personally. I have heard their stories. The rights of one person can never be paramount to the rights of another. A better way means that due process is not an abstract legal principle, only discussed in lecture halls. Due process is the foundation of any system of justice that seeks a fair outcome. Due process either protects everyone or protects no one. School musthat a diminish Due Process Rights to better serve the victim only creates more victims. A better way also means we should not demand anyone become something they are not. Families, administrators are generally not lawyers and they are not judges. We should not force them to be so, for justice to be served. A better way is also being more precise in the definition of Sexual Misconduct. Schools have been compelled by washington to enforce ambiguous and incredibly broad definitions of assault and harassment. To many cases involve students and faculty who have faced investigation and punishment simply for speaking their mind or teaching their classes. Can becomeed offense a fullblown title ix investigation. If everything is harassment, then nothing is. Punishing speech protected by the First Amendment trivializes actual harassment. It teaches students the wrong lesson about the importance of free speech in our democracy. Harassment codes which trample speech rights derail the primary mission of a school to pursue truth. A better way is ultimately about recognizing that schools exist first and foremost to educate. Their core obligation under title ix is to ensure all students can pursue their education free of discrimination. Schools tend to go it to do a good job of making appropriate accommodations that dont infringe on the rights of others. Complaint ise ix pending, schools usually make economic accommodations such as adjusting schedules, changing dorm assignments and postponing papers or exams. There is a fundamental difference between making these sorts of accommodations for accusers and schools which seek to punish the accused before a fair decision has been rendered. There is a competency gap. Insisted that schools step in to roles that go beyond the mission of these institutions. This does not mean schools dont have a role, they do. Medicald also draw on professionals, counselors, clergy and Law Enforcement for their expertise. A better way includes pursuing alternatives and achieving justice for all students. In order to ensure that americas schools employ clear equitable, just and fair procedures that inspire trust and confidence, we will launch a notice and comment process to incorporate the insights of all parties in developing a better way. We will seek Public Feedback and combine institutional knowledge, or fractional expertise and the experiences of students to replace the current approach with a workable, affective and fair system. To implement sustainable solutions, institutions must be mindful of the rights of every student. No one benefits from a system that does not have the publics trust. Not survivors, not accused students, and not institutions, nor the public. Other groups have already made progress on these difficult issues. The American Bar Association establish a task force comprised of lawyers and advocates from their eating perspectives. They found consensus and offered ideas on how we can do better. Schools should find the recommendations useful. College of trial lawyers gathered experts from across the country to produce reasonable responses to the current failed system. An open letter from Harvard Law School faculty provides important perspective and insight that will be helpful as we pursue a better way. Another promising idea comes from two former prosecutors. Both of them have spent their careers specializing in Sexual Misconduct cases. They propose a Regional Center model and it is being explored by a number of states, today. Centerel sets up a often where professionally trained experts handle title ix investigations and adjudications. It looks Something Like this. In Partnership Among states and their attorneys general, participating schools refer to the center any title ix incident which rises to a criminal level. The center cooperates with local Law Enforcement and has access to resources to collect and preserve forensic evidence. Facilitate but never require criminal prosecutions and apply fair investigative techniques to gather and evaluate all relevant evidence to determine whether Sexual Misconduct occurred. This ensures that students are not charged by schoolbased tribunals on the basis of hearsay or incomplete evidence. This model allows educators to focus on what they do best, educate. These allow for inequitable for an equitable this is not about letting institutions off the hook. They still have important work to do. One survivor told me that she is tired of feeling like the burden of insuring her school addresses title ix falls on her shoulders. It is not hers nor any students. When he to act as if any of the students were one of our own loved ones. Woman made this clear to me what she told me her story of the system. Both as a falsely accused student and as a survivor. She had recently gone through a bad break up with her boyfriend. Another female student, one of her Close Friends thought to console her, except in all the wrong ways. The friend showed up and made a unwanted sexual advance. Upset about being rejected by the heartbroken student, the young woman who is supposed to be there as a friend turned a lighthearted gesture into a fullscale title ix incident. Shockingly, the school punished the student who only needed a friend after a breakup. This student revealed to me that she had been sexually assaulted earlier in life. I have been on both sides of this issue, she told me and on either side did they get it right. On neither side did they get it right. We can make it right for her and for all students. Theust continue to condemn scourge of Sexual Misconduct on campus. We can do a better job of making sure the handling of complaints is fair and accurate. We can do a better job of preventing misconduct through education, rather than reacting after lives have already been ruined. We can do a better job of helping institutions get it right. We can do a better job for each other. Better,h is we must do for each other and with each other. Thank you, may god bless all of you and may he continue to bless our great nation. [applause] thank you all for coming