TITLE IX

Betsy DeVos Changes Title IX Rules to Allow Alleged Rapists to Cross-Examine Accusers

Lawmakers had asked the education secretary to delay changes to Title IX because of the coronavirus pandemic.

Education Secretary Betsy DeVos issued new guidelines Wednesday on how K-12 schools and universities should investigate and adjudicate cases of sexual assault and misconduct. The changes strengthen the rights of those accused of sexual assault, allowing them to see all evidence provided against them and to cross-examine their accusers. Lawmakers previously asked DeVos to delay the changes in favor of focusing on helping schools manage the coronavirus pandemic. Kenneth Marcus, the Education Department’s assistant secretary of civil rights, told NBC the agency had “heard from too many students whose careers were tarnished by administrators without any resemblance to due process.” DeVos made clear in 2017 that changes to sexual assault policies would be a central part of her tenure as Education Secretary, and those efforts have been among her most controversial. The guidelines released Wednesday are the final version and go into effect August 14.