Biden Administration Proposes New Rules for Sexual Assault on Campus
The Biden administration is proposing new rules to address the issue of sexual assault on college campuses. These rules aim to provide greater protection for survivors and ensure a fair and efficient process for all parties involved. The proposed changes would replace some of the regulations put in place by the Trump administration, which have been criticized for making it harder for survivors to be heard and for creating confusion among school administrators.
One significant change is the adoption of the preponderance of evidence standard for sexual assault and harassment claims. This standard would require school officials to weigh the evidence and make a decision based on what is more likely than not to have occurred, rather than the stricter clear and convincing evidence standard set by the previous administration. While the Trump standard would still be allowed in certain circumstances, the default standard would be the preponderance of evidence. This change aims to make it easier for survivors to prove their allegations and seek justice.
Another important change is the removal of the requirement for live hearings. Under the Trump-era rules, colleges and universities were required to hold live hearings, which could be intimidating or deter survivors from coming forward. The new rules would allow those making claims of sexual misconduct to be interviewed privately, providing them with greater protection. At the same time, this change would still allow those accused of misconduct to assess the credibility of the accusers and other witnesses, protecting their due process rights.
The Trump-era rules have had adverse consequences, with some assailants avoiding accountability from their college or university despite being criminally convicted of assault. Survivors should not be burdened with having to change schools or drop out to avoid facing those who abused them, regardless of whether their assailants are criminally convicted or not. The Biden administration recognizes the urgency of addressing this issue and has been working to finalize the new regulations.
In addition to addressing sexual assault, the proposed rules also include protections for pregnant and parenting students, as well as transgender and nonbinary students. These additions aim to ensure that all students have equal access to education and are protected from discrimination.
The delay in finalizing the regulations has been attributed to the overwhelming volume of public comments received on the proposed rule revisions, with more than 240,000 comments. However, it is crucial that the administration avoids any further delays and implements the new rules promptly. Colleges and universities must also prepare for these changes by reviewing and adjusting their policies and procedures.
By implementing clear and real protections for students and establishing consequences for perpetrators, the aim is to reduce the prevalence of sexual assault on college campuses. It is important that survivors are heard and supported throughout the process, and that schools take decisive action against sexual misconduct.
Overall, these proposed changes signify a commitment to addressing the serious issue of sexual assault on campus and creating a safer environment for all students.
