The U.S. Department of Education withdrew Friday, and it released it plans to leave in place while it seeks public input to inform a new policy 鈥渢hat better serves students and schools.鈥�
The controversial moves follow a pledge made by U.S. Secretary of Education Betsy DeVos after she met with educational representatives, victims鈥� rights groups, and organizations that said the moves by the Obama administration threatened the due process rights of the accused.
鈥淪chools must continue to confront these horrific crimes and behaviors head-on,鈥� accompanying the interim guidance. 鈥淭here will be no more sweeping them under the rug. But the process also must be fair and impartial, giving everyone more confidence in its outcomes.鈥�
While the guidance largely focuses on colleges and universities, Title IX also applies to K-12 schools. Some women鈥檚 rights organizations have said they fear proposed changes could lead to at the elementary and secondary levels.
Of particular focus has been what standard of evidence schools should use to determine if an assault has occurred and if it should respond by taking actions like disciplining students and making reasonable steps to separate the victim from the offender. The guidance says schools may apply 鈥渢he preponderance of the evidence standard or the clear and convincing evidence standard.鈥�
鈥淭he standard of evidence for evaluating a claim of sexual misconduct should be consistent with the standard the school applies in other student misconduct cases,鈥� the interim guidance says in a footnote.
The document does not set a fixed time frame for schools to respond to and investigate claims of sexual harassment or assault.
Further reading on Title IX, sexual assault:
- Department Steps Up Focus on Sexual Violence in Schools
- AP Investigation Reveals Hidden Horror of Sex Assaults by K-12 Students