Betsy DeVos' plan to change college sexual assault guidelines provokes outrage

Proposed rules creates a more limited definition of sexual harassment

The Education Department has been bombarded with tens of thousands of comments responding to Education Secretary Betsy Devos’ proposed rules (AP)

The Trump administration’s plan to overhaul the way universities handle sexual assault allegations has sparked a ferocious backlash.

The education department has been bombarded with tens of thousands of comments responding to education secretary Betsy Devos’ proposed rules.

Universities, women’s rights groups, sexual assault survivors, and angry parents were among those to hit out at the plans which would roll back Obama era policies that give accusers rights against the school and their accused assaulters.

The proposed rule, published in November, creates a more limited definition of sexual harassment which allows – and some say pressures – schools to create a higher legal standard in considering evidence.

The plans also narrow the cases that schools are required to investigate – with leaders at the University of California arguing it is too limited and requires harassment to be both pervasive and severe.

They also argued the government should not require schools to offer parties the chance to carry out cross-examination during live hearings.

Critics also hit out a provision allowing colleges to avoid responsibility for investigating complaints if they are not lodged with the correct person.

The deadline for submitting comments to the education department was Wednesday, and as of midnight Tuesday, nearly 97,000 had been received.

“This is the most controversial regulatory undertaking in the history of the Department of Education,” Terry Hartle of the American Council on Education, which represents university presidents, said.

Many comments on the controversial proposed changes came from survivors of sexual assault who chose to outline their own experiences – arguing Ms DeVos’ proposal would make it harder for others like them to gain justice.

“Betsy Devos seems intent on supporting Trump's ideas of womens [sic] place in society: we are to be harassed, molested, and abused, all without reasonable protections from the law,” wrote one.

“DeVos is a traitor to women everywhere,” added another.

Ms Devos’ plans change the way universities must handle sexual assault cases under Title IX. Title IX is a federal civil rights law that gives the government the ability to pull funding from schools if they discriminate on the basis of sex.

It has become a powerful tool for prosecuting rape cases and de-stigmatizing sexual assault on campus in recent years.

The change requires a 60 day public comment period. Under the Administrative Procedures Act, the education department is obligated to review every comment on the proposal and respond to those that warrant a reply.

The proposal follows years of mounting pressure on universities to better respond to allegations of sexual assault and also comes in the wake of the #MeToo movement against sexual harassment and assault.

Organisations said the government website faced problems on the final day for comments – raising alarm bells that this week’s glitch, previous site outages and messages about suspended operations during the government shutdown could have potentially confused and ultimately deterred members of the public from weighing in on the proposals.

“The fundamental focus from my perspective is ensuring that we are being fair and balanced for all students,” Ms Betsos said on Wednesday at a forum sponsored by the Council for Christian Colleges and Universities.

Ms Betsos's proposed changes could be overturned by congress. Supporters argue the proposal rightly protects those who could have been falsely accused.

The Trump administration has plugged its Title IX plans as a historic move that will for the first time create formal regulations for schools responding to sexual harassment claims. Ms DeVos, one of Donald Trump’s few remaining original cabinet members, has said her focus is on “ensuring that every student can learn in a safe and nurturing environment.”