September 9, 2017


Betsy DeVos's remarks on campus sex assault were right on target (Editorial Board, September 8, 2017, Washington Post)

Being held accountable -- with the threat of a loss of money -- forced colleges and universities to finally confront the problem of sexual assault and other misconduct. They were obliged to investigate, rather than cover up, complaints and to offer protections to victims of sexual abuse. At the same time, legitimate questions have been raised about whether there was an overreach by the Obama administration in its prescriptions that resulted in imbalances and injustices. Ms. DeVos, while crediting the Obama administration for bringing the issue of campus sexual assaults "into the light of day," blasted the current system as failing both victims and the accused and being too onerous for administrators.

Advocates for survivors of sexual violence seized on her criticism -- in particular her concern about the need for due process for the accused -- as a betrayal that backtracks on protections for victims. But Ms. DeVos was unequivocal in stating that there must be no tolerance for sexual misconduct and that universities and colleges have a responsibility to combat it.

She is not alone in seeing some problems with how the guidelines have been implemented, as she illustrated with stories from students -- both survivors and those accused -- about how the system failed them. In a detailed examination, the Atlantic's Emily Yoffe argued that many remedies pushed on campuses "are unjust to men, infantilize women, and ultimately undermine the legitimacy of the fight against sexual violence." Groups such as the American Association of University Professors and the American College of Trial Lawyers have called for changes in the standard of proof used in campus disciplinary proceedings. Professors in the law schools at Harvard University, the University of Pennsylvania and other institutions wrote an open letter about their concern over the absence of due process.

Posted by at September 9, 2017 7:07 PM