The advocates say that new regulations will make school less safe as it will make It harder for the students to report assault and harassment. The new rules which apply to primary, secondary, and higher learning institutions focus on the responsibility of school under discrimination law known as Title IX. Among those changes, the rules narrow on how sexual harassment is defined. In the new definition, the schools are allowed to raise the bar of proving harassment and also assault claims. It is an aspect that pleases advocates for the accused students who, for a long time, have argued that it has been unfair to the accused. The Education Secretary, known as Devos, said that there is a need to condemn sexual violence and punish those who perform it. However, in doing that process, there should be an observation of fair grievances. Furthermore, the Education Secretary said that those are not mutually exclusive ideas, whereas no compromise should be reached for sexual harassment actions.
However, the survivors’ advocates have the opinion that these new regulations are just unfair. They could leave students with nowhere to run in case they are sexually harassed. These new rules are part of the prolonged process of Devos of announcing the rollback of the guidelines of Obama that happened last year. Before making this announcement, Devos has already met men’s group rights in minimizing attempts to minimize sexual assault. The announcement did not auger well with advocates as they said that new rules confirm their fears. It is an aspect that will make schools less safe and making it harder for the survivors to make a report.
It is noted that under the rules, schools may be forced to use either the preponderance standard or the “clear, convincing “standard in cases that involve sexual harassment. The rules use the term “sexual harassment” to encompass the harassment and assault though they must use the same standard of allegations against students. In 2011, guidelines, sexual harassment as unwelcoming conduct of sexual nature. On the new rules, the rules have set a stricter standard of what constitutes harassment of sexual harassment. It is defined as unwelcome conduct based on the sex that is so severe, pervasive and offensive. It must reach a level of denying the person access to the school education and the program activities.
Under 2011, rules the schools were to be held culpable for failing to take actions if they were aware of the act which they could have reasonably act. Under the new guidelines, categorically, the school must have the “actual knowledge” of the episode or work for it to be responsible. At universities, the survivor must formally make complaint using the official channel. It is an aspect which means that telling a professor or even the resident adviser will not be enough. Also, it is sated well that school could only be held culpable if the incident happens alongside school premises such as sports events. It does not consider those events that happen privately off the campus residences.
The concept of a clear and convincing standard that is allowed under new rules is termed to be an inappropriate standard of evidence in a claim of sexual harassment. It is an aspect that assumes that neither party is right or wrong. Therefore, it is like the Education Department instructs the schools to be neutral and unbiased when judging harassment claims. On the other hand, they implement a standard that is not neutral, especially on students who are victims of harassment.