Federal Lawsuit Challenges Betsy Devos' Campus Rapist-protection Guidelines

Betsy DeVos’s decision to weaken campus sexual discrimination and assault response guidelines is being challenged in court. Equal Means Equal, on behalf of three plaintiffs, has filed a federal lawsuit calling the DeVos policy “unlawful, arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law.” The complaint says that the DeVos rules in their entirety violate Title IX because they “permit schools to treat civil rights harms differently on the basis of sex.” The rules allow universities to use a more onerous burden of proof — the clear and convincing standard — in the case of a sex-based civil rights harm although the rules do not state that this standard can be used in other protected class categories, such as race and national origin.

 

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