Donald Trump's government released new rules on handling harassment or sexual assault complaints in US schools and universities on Wednesday that strengthen the rights of defendants. Education Minister Betsy DeVos, who canceled the framework set by Democratic President Barack Obama in 2017, has released the final version of a highly controversial directive, which has been under discussion since 2018.
"Too many students have lost access to education because their school responded poorly when another student complained of harassment or sexual assault," she said in a statement. "The new rules require institutions to react to support victims without sacrificing the safeguards necessary for a fair and transparent process , " added the minister.
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In 2011 and again in 2014, after several sex scandals in universities, the Obama administration had sent establishments a list of recommendations to investigate this scourge. Hailed by victims' associations, the texts had however been criticized by certain jurists who pointed to a certain inequity between the accused and the accuser.
The system “failed,” said Betsy DeVos when it was canceled. In November 2018, it presented a new framework, the amended and final version of which was published on Wednesday. Compared to the previous system, it strengthens the rights of the defense: an accused will have to be notified of the alleged acts, may have recourse to a lawyer and will have the right to a hearing to defend himself. The new rules also provide a mechanism for cross-examining the accuser. This option has so far been deemed too traumatic for the alleged victims.
Complaints concerning an assault committed outside the confines of an establishment will no longer be admissible, unless they were committed in buildings belonging to the school or managed by student associations.
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The text was immediately criticized by victims' defense associations. If this directive comes into force as planned in August, victims "will understand very clearly that they have no interest in reporting their attacks," said Fatima Goss Graves, president of the National Women's Law Center. "We refuse to go back to the time when rape and harassment at school were ignored and slipped under the carpet," she added, promising to go to court to block the new rules.
According to a study published in 2016, nearly a quarter of female students at American universities were victims during their studies of an unwanted sexual act, under threat or under force.