Student activists ending dating abuse
Lifting the prohibitions on mediation and direct cross examination.Before the 2011 DCL, schools pushed survivors to “work it out” with their rapists, fostering a climate where students were afraid to come forward.Past guidance encouraged schools to allow appeals for both survivors and respondents, especially where new evidence arose or procedural issues colored an initial investigation.This doesn’t create fair process: it denies process to student survivors.Governor Brown has shown that he will allow schools to backslide on their responsibility to provide students with an equitable and safe learning environment.
Lifting prohibitions on direct cross examination and mediation in all forms of sexual misconduct, including rape.
Too many student survivors and respondents have spent months, even years, in Title IX investigations that have further impeded their education.
By allowing schools to remove the 60 day limit on an investigation, schools may now force survivors into lengthy and traumatic investigations.
Even though, Betsy De Vos and the Department of Education have turned their back on survivors, we will not let universities backslide on their obligation to provide for an equitable and safe learning environment.” Today’s interim guidance puts survivors at risk by: Permitting schools to adopt a “clear and convincing” standard in campus adjudications.
This practice is discriminatory against survivors, as it permits schools to accord more value to the education of a respondent than that of a complainant.