Groups advocating for sexual assault victims worry that the changes will have a chilling effect on students coming forward.
The Trump administration released new guidelines Wednesday for how universities and K-12 schools should handle complaints of sexual assault and misconduct as part of a contentious overhaul that Education Secretary Betsy DeVos launched in 2017.
But the meaning has become narrower, and misconduct must fall under certain categories, including unwelcome conduct that is"so severe, pervasive and objectively offensive" that it"denies a person equal access to the school's education program or activity." In March, three Democratic senators — Kirsten Gillibrand of New York, Patty Murray of Washington and Elizabeth Warren of Massachusetts — wrote a letter to DeVos asking her to delay formalizing the guidelines, which they consider"misguided," and instead focus on helping schools and students navigate through the ongoing coronavirus pandemic. Eighteen state attorneys general wrote a similar letter.
But groups advocating for sexual assault victims are fearful that the changes will have a chilling effect on students coming forward if they feel uncomfortable with how they must report an alleged assault or worried about getting retraumatized. Once school officials are made aware of an allegation, it must be taken seriously, the guidelines state.
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