Following a lengthy process for notice and comment, the U.S. Department of Education, under former Secretary Betsy DeVos
The new rule formally recognizes, for the first time, that sex harassment is a form of unlawful sex discrimination under Title IX. In the investigation and adjudication of sexual misconduct allegations on campus, it requires schools to give written notice of sexual misconduct allegations to both complainants and respondents; to afford equal opportunity to both parties to consult advisers of their choice; and to offer both parties an equal chance to submit and review evidence during an investigation. It mandates that the investigation and adjudication of sex harassment claims on campus be conducted by trained and impartial personnel, and that schools protect both parties’ privacy by requiring written consent before using medical or psychological treatment records during the misconduct process.
that is the problem with handling this on campus. it is difficult to deal with the criminal system but it gives everyone on both sides due process. a rape is a crime so why is this being handled in the college courts? colleges are taking them under their wing deepkeeping them secret, the cause is not a criminal trial. it is not up to the college. it is up to the administration. and the department of education. that is right. under title 9 which says you cannot discriminate and suddenly it has become a whole thing about campus rape and campus assault. the other reason to bring up the story is this is a high profile one but these cases are happening all over the country. what would you advise a parent whose son is accused?
i also think that it is striking to me that this example of campus sexual assault that was printed and now retracted was so extreme and so outside the norm of the bell curve if you can call it that of routine sexual campus assault which is not as gruesome as the one that is depicted there, but as gruesome in every way to the actual survivors of them. and that is part of the problem. conceiving of things as crimes themselves. i think the media has done a service to survivors by covering them showing how much injustice has occurred. at the same time there is an underbelly of how sensational and dramatic can it be. it really is losing the vast majority of survivors. gang rape is rare. somebody you know and trust and may be in a dating relationship.
all studies show most often sexual assaults on campus involving one or two people acquaintances or friends, that s the vast majority of campus assault is all about. unfortunately this story painted a very different picture. that does bring into question the concern by many that perhaps this story, this review of this story, whatever fallacies there were is certainly going to make an impact on the reporting and investigating of alleged sexual assault cases, whether they be on campus or otherwise. there s always that fear of a chilling effect. you know some of the advocates for women on campus that i spoke to before and after the apology, said that they were concerned at the portrayal of jackie s story or the exact reason that brian mentioned, many of the other women on campus at uva who were interviewed, who say they are also rape victims said my rape is not as graphic and as