Education Secretary Betsy DeVos will move ahead with controversial regulations (which were proposed a year ago) on Title IX including “a provision requiring universities to allow cross-examination of those alleging sexual harassment or assault.”
In publishing last year’s proposed regulation, the Secretary said her approach would provide clarity and fairness for victims and those accused of wrongdoing and restore balance in a system that, in her view, had been skewed in favor of the accusers.
When it first came out, the proposal came under intense fire and received an astounding 124,196 public comments, including criticism from advocacy groups, survivors of sexual assault and campus leaders.
At least one significant change in response to critics is expected. Last year’s proposed version held universities responsible for investigating incidents only if they occur within the school’s programs or activities. The final version is expected to modify this language to clarify the rules cover a broader range of incidents.
Timing of the rule remains uncertain. Advocates for sexual assault survivors said they’re already planning to challenge the regulation in court.