Friday, November 16, 2018

Here we go again, in victimizing the victim.

Why is it so much easier to blame the victim?

These were the comments by Ms. DeVos at her confirmation hearing.

17 January 2017
By Molly Redden and Sabrina Siddiqui

...Her comments (click here) came as senator Bob Casey of Pennsylvania, a Democrat, twice asked DeVos if she would commit to maintaining Barack Obama’s transformational policy aimed at curtailing sexual assault in K-12 schools and on college campuses.


“Assault in any form is never OK, I just want to be very clear on that,” DeVos said.
“If confirmed, I look forward to understanding the past actions and current situation better, and to ensuring that the intent of the law is actually carried out in a way that recognizes both the victim ... as well as those who are accused.”
Casey, who characterized campus sexual assault as “an epidemic”, said he was looking for a more firm commitment. But DeVos declined to weigh in specifically, hinting at the possibility that she might work to reverse the reforms under the Obama administration....

Under the Obama rules there has been an increase in sexual assault campus complaints. This rule took place in 2013 (click here). The hopes of the Obama changes to Title IX was to have greater reporting because victims' identity was safer and retaliation less likely.

October 25, 2018
By Meghan Nguyen

The University of Texas at Austin’s Title IX Office (click here) received 508 total reports of sexual misconduct, sexual harassment and sex discrimination during the 2017–18 academic year, up from 445 reports the previous academic year. The majority of complainants were from students.

Of the 508 reports, 105 were made in August, September and October, during the “red zone,” or the time at the beginning of the school year when a disproportionate number of campus sexual assaults take place. The Department of Justice has identified this period as the stretch of time when a student is more likely to be assaulted than at any other point in his or her college career.

Student body president Colton Becker said Student Government focused its sexual assault awareness efforts on OU weekend in October because the weekend posed a significant risk.

“We spearheaded a coordinated effort to educate students about consent and sexual violence,” Becker said. “In the past, there have been a spike in instances of sexual assault on that weekend in particular.”

Reports filed with the University have increased by six times since the 2012–13 academic year, when 69 such reports were filed. The highest number of reports during the 2017–18 school year occurred in April 2018, with 57 reports being filed....

US Senator Murray has taken on the Education Secretary when it comes to protections for the assaulted, including the LGBTQ community. This is the second round of change for the campus assault programs (click here). That seems to be a strategy for this administration. First, make changes more agreeable to both sides and then later go back to finish the job the way Trump sees it.

During her time in the Secretary's office, she has also been sued (click here) by rights groups stating the dangers of LGBTQ students have increased.

October 19, 2018
By KC Johnson

...In September 2017, (click here) Murray charged that DeVos, in her speech urging fairness for both parties before Title IX tribunals, sought to “roll back protections for campus sexual assault survivors.” These “protections” included a mandate that schools lower the standard of proof to a preponderance of evidence (50.01 percent), thus making it easier to find accused students guilty. As Murray saw it, this guidance “led to more women and men coming forward about their sexual violence experiences.” Obama officials had been careful to avoid making such a claim, since praising guilt-tilting procedures for generating more accusations suggests a comfort with victimizing some innocent students.

A few weeks ago, a draft of the new Title IX regulations leaked; it contained promising proposals that would require colleges to disclose evidence and provide, upon request, training materials to accused students. It also included a clause ordering schools that hold hearings to allow cross-examination. (In a possibly fatal loophole, however, the draft did not require hearings.) To Murray, this fairer system was “shameful and appalling.” The Washington senator informed DeVos that the draft regulation’s procedures “would weaken protections for women”—and her criticism once again gave away the game. In defending the scores of lawsuits filed by accused students, universities have unconvincingly claimed that pro-accuser procedures benefited both men and women. Otherwise, courts could hold that they discriminated against male students, in violation of Title IX. Murray was making her allegiances explicit....

One might also realize the Kavanaugh case occurred before DeVos issued the latest and probably not the last ruling. But, even before it was issued, the proposal had women and men upset over the changes to come.

August 30, 2018
By David Jesse

Proposed changes (click here) to how the nation's colleges and universities should handle sexual assault investigations are leaving sexual assault survivors and victim rights organizations sputtering mad, claiming the moves would tip the playing field toward those accused of sexual assault.

"Is ruining lives your version of a back-to-school welcome?" Morgan McCaul, a survivor of sexual abuse by former MSU doctor Larry Nassar, tweeted as news of the potential changes broke on Wednesday evening.

"When we define policy about criminal sexual misconduct, it is imperative that we consider victims first," she told the Free Press later. "Limiting the availability of justice for complainants is concerning and reckless, especially in today’s climate."

The proposed changes — from the federal Department of Education led by Michigan's Betsy DeVos — would limit colleges to investigating only those sex assaults that happen on campus. Assaults that occur just off campus, in places like fraternity houses or off-campus housing, wouldn't be investigated by the institutions...