A federal judge on Wednesday denied a request for an injunction to prevent Education Secretary Betsy DeVos from moving forward with new Title IX rules set to go into effect on Aug. 14 that impose uniform standards on how colleges handle sexual assault allegations and which will give those accused of assault more protections.
KEY FACTS
A lawsuit brought by 18 attorneys generals argues the rules would block schools from investigating certain sexual abuse complaints and would discourage students from reporting assault, asking for the effective date to be delayed because it would be too hard for schools and universities to implement complex changes during the pandemic.
The American Council on Education and 60 higher education associations opposed the new regulations, saying they will “do more harm than good” and “will hinder the effort to address sexual assault on campus in a manner that is compassionate and fair to both parties” and multiple organizations filed a brief in support of the attorney generals’ request to delay the implementation date, calling it “as cruel as it is counter-productive” given the pandemic.
The suit claims fewer sexual harassment complaints will be filed and schools will be “less well equipped to protect their students’ safety and rid their programs and activities of the pernicious effects of sex discrimination.”
U.S. District Judge Carl. J. Nichols ruled that the new regulations can go into effect while the lawsuit proceeds.
In recent years, dozens of students have won court cases against their colleges for violating their rights under the Obama administration guidelines; DeVos reportedly called hers a “historic” break from the “kangaroo courts” of the past.
crucial quote
“Too many students have lost access to their education because their school inadequately responded when a student filed a complaint of sexual harassment or sexual assault,” DeVos said when her new guidelines were announced. “This new regulation requires schools to act in meaningful ways to support survivors of sexual misconduct, without sacrificing important safeguards to ensure a fair and transparent process. We can and must continue to fight sexual misconduct in our nation’s schools, and this rule makes certain that fight continues.”
