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Victoria Rose explores the new laws surrounding sexual assault on campus in the USA. This article describes the outrage that has ensued after the announcement that court-like trials will be held in schools, in an attempt to better protect alleged perpetrators. Opponents such as presidential candidate Joe Biden have been scathing of the amendments, amidst fears that victims may be silenced.
Last Wednesday, education secretary Betsy DeVos released a new plan to immensely change how American schools must handle allegations of sexual assault and harassment. Scheduled to take effect on the 14th of August of this year, these plans effectively mean that schools, colleges and universities in the USA will be obliged to hold a live hearing when a student claims they have been sexually assaulted.
These rules are reportedly the "result of a long running effort by the Trump administration, to overhaul title IX". Title IX, initially implemented in 1972, was a civil rights law, designed to prevent discrimination based on sex. It stated that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
Under the Obama administration, "colleges nationwide were expanding the ranks of Title IX coordinators and other professions tasked with handling complaints of sexual violence", launching over "300 investigations into schools handling of complaints" and improved support for victims including counselling and support groups. However, the new regulations have been created, in order to better protect those accused of assault by creating a "judicial like process" in which "the accused has the right to a live hearing and to cross examine accusers". Furthermore, for an act to be defined as sexual harassment, it needs to be "severe, pervasive" as well as "objectively offensive". In contrast, under the Obama administration, any verbal or physical actions that could make students uncomfortable, were deemed a punishable offence.
The new law differs from the old method of dealing with such hearings. As previous measures to deal with sexual harassment in schools were deemed “guidelines”, institutions were not obliged to handle sexual harassment in any particular way. Nonetheless, these new changes will be forcible, meaning schools will be obliged to hold live hearings. Additionally, they will have to “hold appeals, allowing both the accuser and the accused to have access to virtually every piece of evidence."
This controversial law has already received hostility from women's rights groups, concerned that it would "allow assailants and schools to escape responsibility". Additionally, there is concern that it could become harder for victims to come forward with their stories, as it could be more difficult to prove the alleged crimes. Supporters of the #MeToo movement fear that the stricter and longer process in school may discourage young people to be as open, while "[narrowing] the pool of cases in terms of schools being held accountable for handling only those sexual misconduct cases that take place ON campus."
American activist group "Know Your IX" have also expressed concerns, saying it "could push survivors out of school entirely." In fact, DeVos planned to enforce this rule late last year, but it was faced with backlash from universities, advocacy groups and victims of sexual assault, which prevented her from doing so. The coronavirus pandemic is also likely to have contributed to the delay. University officials have expressed their concerns, claiming that this law will "turn their campuses into courtrooms incompatible with an academic atmosphere".
Joe Biden, the Democratic candidate most likely to be running against Trump in the coming election, has spoken out, stressing he would put a "quick end" to these changes ” if he were to be elected, as they aim to “shame and silence survivors”. While it seemed that some states were initially enhancing protection against sexual assault, going further than the Obama-led guidelines by "enacting robust laws that provide victims with greater protection than is currently provided under federal law”, many feel that these progressive measures have been reversed.
Meanwhile, supporters of DeVos’ law believe that it would restore balance and fairness toward a system that currently favours one side. Some advocates feel that the law would "make sure students accused of sexual misconduct are judged fairly". As this new law "cement[s] changes that advocates of accused students have long been waiting for", DeVos is adamant that it "doesn’t combat [America]’s core values of fairness, presumption of innocence and due process." She went on to add that "this empowers survivors with more tools than ever before.”
With a tragic increase in sexual misconduct in schools, authorities reported “9700 incidents of sexual assault, rape or attempted rape in public elementary and secondary schools in the 2015-2016 school year." Furthermore, 14-17 year olds are the most likely age group to experience sexual assault with "16.3% being sexually victimised in the past year" while over "40% of women have encountered sexual violence". DeVos has expressed her outrage towards sexual assault quoting that "we hear all too often about innocent children being sexually assaulted by an adult at school" stressing that "no parent should have to think twice about their child's safety while on school grounds."