Title IX: What is DeVos looking to change?

Article here. Excerpt:

'When the Obama administration initially released its policy, individual-right groups criticized the administration for attempting to directly control Title IX investigation procedures without receiving public or legislative input and for jeopardizing the rights of those under investigation.

“The April 4, 2011 'Dear Colleague' letter had several provisions that FIRE and other due process advocates believe made it harder for students to receive fair hearings in sexual misconduct cases, and increase the risk of erroneous guilty findings,” said Susan Kruth, a staff attorney at FIRE, in an email.

Kruth pointed out that many campuses do not guarantee the presumption of innocence, the right to cross-examine witnesses, the right to an an attorney and other procedures she said safeguard student and faculty rights during investigations.

“At some schools, a heightened standard of proof like 'clear and convincing evidence' was the only meaningful protection accused students had against erroneous guilty findings,” Kruth said.

Organizations, like FIRE, pushed back against the new policies based on these perceived due process violations, culminating in their annulment by the Trump administration.'

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