CSU sexual misconduct investigations unlikely to change for now

CSU officials don't expect much to change as federal guidelines on handling accusations of student-on-student sexual misconduct hover in limbo.

Colorado State University is "dedicated to addressing sexual misconduct and interpersonal violence on our campus," spokesperson Mike Hooker wrote in an email to the Coloradoan. "This commitment is not driven by federal administrative positions or shifts in those positions over time."

He wrote that CSU is "confident our approach strikes the appropriate balance, assures Title IX compliance, and protects the rights of all parties." CSU, like many universities, has trained staff that reviews accusations that students violated its student code of conduct and holds them accountable, if applicable.

U.S. Secretary of Education Betsy DeVos rescinded Obama-era guidelines on how to handle accusations of student sexual misconduct on Friday after weeks of speculation. Using what's known as a "Dear Colleague" letter in 2011, the Obama administration advised schools that Title IX compliance — a federal law intended to protect against sex discrimination at publicly funded schools — should mean adhering to a "preponderance-of-evidence" criteria when evaluating allegations of student-on-student sexual misconduct.

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DeVos, a Trump administration appointee, used the same type of guidance letter to heighten that standard to "clear-and-convincing," at least in the interim while it works on new guidelines. The letters are guidelines for what the Department of Education considers compliance with Title IX.

"The 2011 and 2014 guidance documents may have been well-intentioned, but those documents have led to the deprivation of rights for many students — both accused students denied fair process and victims denied an adequate resolution of their complaints," the Sept. 22 letter reads. "... Instead, schools face a confusing and counterproductive set of regulatory mandates, and the objective of regulatory compliance has displaced Title IX's goal of educational equity."

The Department of Education will in the meantime work on new guidelines for schools handling allegations of student sexual misconduct. It did not give a timeline but stated it will incorporate public comment, which the the Obama-era guidelines did not do.

"In the coming months, hearing from survivors, campus administrators, parents, students and experts on sexual misconduct will be vital as we work to create a thoughtful rule that will benefit students for years to come," DeVos said in a written statement. "We also will continue to work with schools and community leaders to better address preventing sexual misconduct through education and early intervention."

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Hooker said it would be premature to speculate on if the university needs to change its policy before that clear direction comes from the federal government.

The University of Colorado opted against adhering to the new, stricter guidelines, according to the Daily Camera. Schools are free to establish their own procedures, per a FAQ issued by the Department of Education. Valerie Simons, CU's Title IX coordinator and executive director of Institutional Equity and Compliance, told the newspaper that the institution already values fairness for all parties involved in such allegations.

"One of the priorities has already been a prompt, equitable and fair process for those accused of sexual violence and the victims," Simons told the newspaper, adding that while it won't be making immediate changes, it is "always reviewing all of our policies and procedures to ensure compliance with federal and state law."

U.S. Rep. Jared Polis, a Democrat whose district includes CU and CSU, said in a statement he was "disappointed that Sec. DeVos is rolling back protections for survivors of sexual assault." In 2015, he noted the unique university environment and how campus processes are designed to move quickly to promote campus safety and prevent additional trauma, whereas the criminal justice system is designed to move slower.

"Any updates to campus sexual assault guidelines must start with meaningful dialogue with victim advocates and survivors, as well as the accused," Polis said in a statement Monday. "I anticipate that CSU, CU-Boulder, and other colleges in my district will stay committed to providing a safe campus experience, even without leadership from the White House."

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