Tori lemon
Editor- in- Chief
Friday, Sept. 22 the U.S. Department of Education rolled back Title IX Sexual Assault Guidelines initially placed during the Obama-era.
The U.S. Department of Education Office of Civil Rights sent out a newsletter to colleagues explaining the changes.
The letter sent by the Department of Education Office of Civil Rights also informed colleagues that two statements of policy and guidance are now withdrawn: The Dear Colleague Letter on Sexual Violence issued back in April of 2011, and the Questions and Answers on Title IX and Sexual Violence issued on April 29, 2014.
The 2001 Dear Colleague Letter ultimately required schools to adopt a minimal standard of evidence for cases.
Taking this Dear Colleague Letter out in return changes the interim guidance, which, according to the Department of Education, “measures individualized services offered as appropriate to either or both the reporting and responding parties involved in an alleged incident of sexual misconduct, prior to an investigation or while an investigation is pending.”
Under the revised Title IX, schools now are directed to choose which standard of evidence to use in investigating sexual assault cases.
The two options are as follows: The original “preponderance of evidence” standard which requires that 50 percent of evidence must point to the crime, and was also the main one under the Obama Administration, or schools now have the choice to opt to use a “clear and convincing evidence” standard, which requires a higher burden of proof.
“Under the new guidance, colleges are allowed to facilitate an informal resolution process as long as both parties agree to it,” Title IX Coordinator Sheri Conard said. “However, colleges need to determine that this is an appropriate process for certain Title IX complaints. Under earlier guidance, colleges had an appeal process and made it available to both parties. Under the new guidance, colleges don’t have to allow appeals and if they do, have the discretion to only allow the accused the right to appeal.”
The Department of Education felt although the Dear Colleague Letter “discouraged cross-examination by the parties, suggesting that to recognize a right to such cross-examination might violate Title IX,” and that the Letter “forbids schools from relying on investigation of criminal policing and judicial systems while at the same time directing schools to resolve Title IX complaints on an expedited basis.”
Many feel as though the new changes do more protecting of the alleged assailant rather than the alleged victim.
“I definitely don’t think it’s a step in the right direction at all,” sophomore Emily Graves said. “Especially with the incidents that have happened involving Butler students lately, it makes me wonder if she really understands the repercussions of her actions. Regarding the withdrawal of the Dear Colleague Letter, I think it’s going to end up favoring the accused more than the victims. In our society, we have a hard enough time as it is getting victims to report, and I think this change is only going to make it harder.”
As far as seeing changes that would possibly affect our Title IX policy in regard to Sexual Misconduct and Violence at Butler, only a few things are anticipated.
“One [change] could be the standard of proof used in investigations,” Conard said. “Butler currently uses the preponderance of evidence standard when determining a violation of policy. Another possible change would be the time frame under which we complete an investigation. Our policy currently states the 60-day time frame, and the new guidance does not place a fixed time frame on colleges.”