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New campus sexual assault rules boost rights of accused

Education Secretary Betsy DeVos on Wednesday issued a new policy that reshapes the way schools and universities respond to complaints of sexual misconduct, bolstering the rights of the accused and narrowing cases colleges are required to investigate.

“We released a final rule that recognizes we can continue to combat sexual misconduct without abandoning our core values of fairness, presumption of innocence and due process,” DeVos said.

In announcing the new policy, which carries the weight of law, DeVos condemned the Obama administration for a “failed approach” that turned campus disciplinary panels into “kangaroo courts.”

DeVos’ changes narrow the definition of sexual harassment and require colleges to investigate claims only if they’re reported to certain officials. Schools can be held accountable for mishandling complaints only if they acted with “deliberate indifference.” Students will be allowed to question one another through representatives during live hearings.

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