President Biden on Monday directed the Education Department to review a controversial regulation governing how colleges and universities handle allegations of sexual assault, with an eye toward unraveling a new system put into place by former education secretary Betsy DeVos.
The DeVos regulation released in May spells out due process rights for those accused of harassment or assault, and the former secretary saw it as one of her most significant achievements. But it came under sharp attack from Democrats, women’s groups and others, and as a candidate, Biden signaled he would replace it.
It’s not clear, though, how he will go about it. Unraveling a regulation that is already in place may require a second complex rulemaking process.
Biden signed an executive order directing the Education Department to evaluate whether the DeVos regulation is “consistent with the policies” of the Biden administration. That’s a first step toward a fresh policy. Continue reading.