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Democrats have started attacking Education Secretary Betsy DeVos because she’s announced that she’s rewriting the guidance on how universities handle sexual assaults on campus. Lucia Graves’ article starts off with a ridiculous premise, then gets worse after that.

The opening paragraphs to Ms. Graves’ article say “As she announced the rollback of Obama-era rules on campus sexual assault, education secretary Betsy DeVos seemed at times less like the head of the Department of Education than the department of rape apologists. ‘The truth is that the system established by the prior administration has failed too many students,” DeVos said in a speech at George Mason University on Thursday afternoon. ‘Survivors, victims of a lack of due process and campus administrators have all told me that the current approach does a disservice to everyone involved. ‘It’s notable that the ‘victims’ she seems most worried about aren’t those of sexual assault – they’re ‘victims of a lack of due process.’

What a stunning accusation. Let’s look at what life has looked like for men who’ve been accused of sexual assault during the last few years. Student defendants don’t have the right to an attorney, not that it would do them much good since the defense attorneys haven’t been allowed to cross-examine the accuser. This is the criteria used in convicting these students:

Under 2011 rules that establish a low standard of proof, Kaminer says, “students accused of harassment are to be convicted in the absence of clear and convincing evidence of guilt, if guilt merely seems more likely than not.” And schools are enjoined to “take immediate steps to protect the complainant from further harassment,” including “taking disciplinary action against the harasser” prior to adjudication. So the OCR-DOJ “blueprint” and related rules not only violate the First Amendment guarantee of free speech but are, to be polite, casual about due process.

Perhaps Ms. Graves likes the thought of students getting railroaded, their lives ruined forever. When people don’t have the right to confront their accusers, they’re essentially defenseless. The prosecutor doesn’t have to present evidence proving that an assault happened. The defendant can’t question his accuser’s credibility. The verdict is essentially rendered when the accuser files the complaint.

How would Ms. Graves like it if she was accused of sexually assaulting a man, then not be able to defend herself? Would she be ok with not being able to question her accuser? Would she be fine with having her career ruined by someone who accused her of doing something she didn’t do?

It’s apparent that Ms. Graves hasn’t thought about the impact due process has had. Due process has protected people from dishonest accusers. It’s also made sure that accusers didn’t ruin honest people’s lives.

She didn’t talk about the fact that according to US Department of Justice reports, an estimated 19% of college-age women will suffer attempted or completed sexual assault, but that only 12% of those cases ever get reported – or that only between two and 10% of campus sexual assault accusations are actually false, per the National Sexual Violence Resource Center. Those aren’t the victims she seems to care about.

Ms. Lucia, how will taking people’s due process rights lead to more women reporting sexual assault? Further, when sexual assault is defined as “making ‘sexual or dirty jokes’ that are ‘unwelcome’ or disseminate ‘sexual rumors’ that are ‘unwelcome'” that’s expanding the definition of sexual assault.

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