Only a few years ago victims of sexual abuse on campus were routinely ignored or encouraged to drop their claims
After Daniel was found guilty of sexual assault his university, which cannot be named for legal reasons, suspended him and he finished his degree elsewhere. He worries that the episode will mar his attempts to launch a career. “I’m no longer as desperate and depressed as I was about the worst thing that has ever happened to me,” he says. “But I feel like the damage is done.”
It is one of the great failings of the justice system in America, as elsewhere, that perpetrators of sexual assault are too rarely charged or convicted. . It was with the aim of correcting this that the Obama administration introduced guidance on Title IX, a law passed in 1972 that prohibits discrimination on the basis of sex.
Jenna Parker, a lawyer in California who has represented students in civil lawsuits after they have been found guilty by their university panels, says that this guidance sowed confusion. Some universities have been accused of eliding “non-consensual” with “unwanted” . Some hold that drunken students cannot give consent, which would seem to invite miscarriages of justice.
The regulation introduced by Mrs DeVos in 2020 undid much of that guidance. It allowed universities to use the “clear and convincing” evidentiary standard. It restored balance to the processes that followed, including by not allowing only one side to cross-examine.
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