Under the new rules, the definition of sexual harassment is narrowed.
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The U. S. Education Department finalized campus sexual assault rules that bolster the rights of the accused, Secretary Betsy DeVos announced on Wednesday. The new policy also reduces legal liabilities for schools and colleges, and narrows the scope of cases schools will be required to investigate.
The change reshapes the way the nation’s schools respond to complaints of sexual misconduct. It is meant to replace policies from the Obama administration that DeVos previously revoked, saying they pressured schools to deny the rights of accused students.
« Today we release a final rule that recognizes we can continue to combat sexual misconduct without abandoning our core values of fairness, presumption of innocence and due process, » she said. « This empowers survivors with more tools than ever before. »
Under the new rules, the definition of sexual harassment is narrowed to include only misconduct that is « so severe, pervasive, and objectively offensive » that it effectively denies the victim access to the school’s education programs. The rules add dating violence, domestic violence and stalking to the definition of sexual harassment.
The Obama administration, by contrast, used a wider definition that included a range of conduct that « interferes with or limits » a student’s access to the school. It said that could include « unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. »
DeVos’ policy adds new measures intended to make sure students accused of sexual misconduct are judged fairly in campus disciplinary hearings.
