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Betsy DeVos set to bolster rights of accused in rewrite of sexual assault rules

Education Secretary Betsy DeVos announced she was rescinding Obama-era guidance on sexual assault claims in a 2017 speech. Credit: J. Lawler Duggan, The Washington Post

Education Secretary Betsy DeVos is set to release a sweeping overhaul of how colleges and universities must handle allegations of sexual assault and harassment, giving new rights to the accused, including the ability to cross-examine their accusers, people familiar with the matter said.

The proposal is set for release before Thanksgiving, possibly this week, and replaces less formal guidance issued by the Obama administration in 2011. The new rules would reduce liability for universities, tighten the definition of sexual harassment, and allow schools to use a higher standard in evaluating claims of sexual harassment and assault.

The rules stem from a 1972 law known as Title IX that bars sex discrimination at schools that receive federal funding. Most of the attention is on higher education, but the rules also apply to elementary and secondary schools. Once published in the Federal Register, the proposal will be open for public comment before being finalized.

View the complete November 14 article by Laura Meckler on The Washington Post website here.

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