DeVos issues rules for sexual misconduct investigations in schools, bolstering protections for the accused

On Wednesday Education Secretary Betsy DeVos issued final rules on how all schools will address allegations of sexual misconduct, securing new protections for students and faculty accused of misconduct.

The new rules modify Title IX, a 1972 law prohibiting “discrimination based on sex in education programs or activities that receive Federal financial assistance,” narrowing the definition of sexual harassment and requiring schools to challenge evidence and cross-examine students via a live hearing, among other things detailed in the more than 2,000-page rule.

The new regulations, which take effect in August, will only find schools in violation of Title IX if they are determined to be “deliberately indifferent” to accusations of sexual assault that occurred in their programs and activities.

"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 in a statemnet. "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."