ABC News is freaking out because the Department of Education is about to issue new rules governing what colleges must do when claims of sexual abuse are made by one student against another. Here's the horror of the proposed rules as ABC News sees it:
Advocacy groups involved in the ongoing discussions said among the provisions they expect to see in the final draft is one that wouldn't require schools to investigate incidents that occur off campus, even if it involves students. Another provision would put schools on the hook to investigate allegations only if they're made to certain designated authorities, such as the school's Title IX coordinator. And the new rules would likely allow for more thorough cross-examinations, possibly requiring that the person making the allegation sit in the same room as the accused.
It's hard to imagine that anyone is upset by this. Let's think this through for a moment.
1. Schools won't have to investigate incidents that occur off campus even if students are involved. Remember what this doesn't say. Students who claim to have been abused will still be able to go to the police to file claims. A university, however, will not need to investigate or adjudicate claims that happen elsewhere. In other words, if some students in Michigan go to Florida for spring break and someone claims to have been abused there, it will not be up to the university back in Michigan to conduct an investigation. The same is true if student who attend a school in New Jersey go into New York City for an evening and a claim results. There are authorities in those locations from whom the "victim" can seek help.
2. The school will only have to investigate if the claim is made to the correct authority. Let's be clear what this means. It does not foreclose the "victim" from making a claim. It just says that if you make a claim, you have to make it to the correct person. The name and location of the person/office to which complaints must be made won't be a secret or hard to find. Most likely all student materials will have to include this information. The point here, however, is that if a student later files a lawsuit against the college for not handling the claim properly, it won't be enough if the student told one of her professors but not the correct authority. One ought not complain of symptoms of illness to a Geology professor instead of the student health service. One does not complain for poor food in the Student Union to the janitor, but rather to the food service people. The truth is that this proposed rule just angers trial attorneys because it makes it harder to win a lawsuit brought later.
3. The new rules would allow thorough cross examination and might even force the accuser to sit in the same room as the accused. In other words, universities that take federal money will also have to follow the rules set in the Constitution if they are choosing to adjudicate the guilt or innocence of someone alleged to have committed sexual abuse. That's not controversial except among people who choose to ignore the Constitution.
Advocacy groups involved in the ongoing discussions said among the provisions they expect to see in the final draft is one that wouldn't require schools to investigate incidents that occur off campus, even if it involves students. Another provision would put schools on the hook to investigate allegations only if they're made to certain designated authorities, such as the school's Title IX coordinator. And the new rules would likely allow for more thorough cross-examinations, possibly requiring that the person making the allegation sit in the same room as the accused.
It's hard to imagine that anyone is upset by this. Let's think this through for a moment.
1. Schools won't have to investigate incidents that occur off campus even if students are involved. Remember what this doesn't say. Students who claim to have been abused will still be able to go to the police to file claims. A university, however, will not need to investigate or adjudicate claims that happen elsewhere. In other words, if some students in Michigan go to Florida for spring break and someone claims to have been abused there, it will not be up to the university back in Michigan to conduct an investigation. The same is true if student who attend a school in New Jersey go into New York City for an evening and a claim results. There are authorities in those locations from whom the "victim" can seek help.
2. The school will only have to investigate if the claim is made to the correct authority. Let's be clear what this means. It does not foreclose the "victim" from making a claim. It just says that if you make a claim, you have to make it to the correct person. The name and location of the person/office to which complaints must be made won't be a secret or hard to find. Most likely all student materials will have to include this information. The point here, however, is that if a student later files a lawsuit against the college for not handling the claim properly, it won't be enough if the student told one of her professors but not the correct authority. One ought not complain of symptoms of illness to a Geology professor instead of the student health service. One does not complain for poor food in the Student Union to the janitor, but rather to the food service people. The truth is that this proposed rule just angers trial attorneys because it makes it harder to win a lawsuit brought later.
3. The new rules would allow thorough cross examination and might even force the accuser to sit in the same room as the accused. In other words, universities that take federal money will also have to follow the rules set in the Constitution if they are choosing to adjudicate the guilt or innocence of someone alleged to have committed sexual abuse. That's not controversial except among people who choose to ignore the Constitution.
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