In her farewell letter to the Department of Education, outgoing Education Secretary Betsy DeVos defended due process and urged the agency not to fall back on the unfair Title IX practices of the previous administration.
DeVos was able to finalize new regulations regarding how schools adjudicate allegations of sexual harassment and sexual assault. The regulations made the process fairer by providing basic due process rights to accused students (like the right to know the exact allegations against them, to have access to the evidence against them, and be able to cross-examine that evidence and witnesses). Activists filed multiple lawsuits against the new regulations, and repeatedly lost in court.
The regulations held up because DeVos followed proper procedure to enact them, unlike the Obama administration, which ignored that procedure when it released its 2011 “Dear Colleague Letter” and follow-up guidelines that encouraged schools to find more students responsible while discouraging due process and fairness.
“This rule strengthens protections for survivors