Betsy DeVos set to bolster rights of accused in rewrite of sexual assault rules
By Laura Meckler
Reporter covering national education policy and trends, and the Education Department
November 14
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The most significant change would guarantee the accused the right to cross-examine their accusers, though that would have to be conducted by advisers or attorneys for the people involved, rather than by the person accused of misconduct. If requested, the parties could be in separate rooms during the cross-examination, an administration official said. They said this was done to bolster the due-process rights of the accused while assuring that victims are not directly confronted by their assailants.
The Obama guidelines had strongly discouraged the use of direct cross-examination. The earlier DeVos draft allowed cross-examination but did not require schools to offer it as an option.
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Laura Meckler is a national education writer covering national trends, federal policy and the Education Department. She came to The Washington Post from the Wall Street Journal, where her beats included presidential politics, the White House, health care, immigration and demographics. Follow
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I note this part:
The most significant change would guarantee the accused the right to cross-examine their accusers, though that would have to be conducted by advisers or attorneys for the people involved, rather than by the person accused of misconduct. If requested, the parties could be in separate rooms during the cross-examination, an administration official said. They said this was done to bolster the due-process rights of the accused while assuring that victims are not directly confronted by their assailants.
I thought that was one of those "American system of justice" things.
If I were accused of something, and I felt I had a case, I'd like to be able to ask the accuser a few questions, even if it were vicariously, through my attorney.
More:
The Obama guidelines had strongly discouraged the use of direct cross-examination. The earlier DeVos draft allowed cross-examination but did not require schools to offer it as an option.
Recent court decisions requiring public universities to allow the accused the right to cross-examination when credibility is an issue figured into the administration’s reasoning, two people said.
Some White House officials urged going further to include a mandatory cross-examination provision, two people familiar with internal discussions said. They said others in the administration argued that mandatory questioning was ill-advised, potentially traumatic for victims and not required in court hearings.
The proposal will include language barring questioning about an accuser’s sexual history, one administration official said.
So there are protections.
Something is very wrong with DeVos, very wrong.
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