The father of a student falsely accused of sexual assault is speaking out after President Biden ordered education officials to begin considering how to revert the changes in the Trump administration to Title IX, which reinforced the rights of those accused of misconduct. sexual conduct.
Corey Mock, a former fighter at the University of Tennessee in Chattanooga, was charged with sexual assault in 2014 after he had an intimate date at a party. A school judge agreed that the timing involved bad judgment, but it was not an assault.
“Within a few days, she reversed her decision, with no evidence, no explanation. That was the moment we learned, there is … something is going on,” said her father, CD Mock, during an appearance on “Fox News @ Night.”
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President Joe Biden leaves after attending Mass at the Holy Trinity Catholic Church in the Georgetown neighborhood of Washington, Saturday, March 6, 2021. (AP Photo / Patrick Semansky)
((AP Photo / Patrick Semansky))
Former Education Secretary Betsy DeVos put her rules in place of those of the Obama administration, who, in a 2011 letter from Dear Colleague, described to schools how to conduct Title IX procedures fairly. Biden has signaled that he will reverse the changes in the Trump administration and is now ready to do so.
The Obama-era orientation required universities to investigate essentially all complaints of sexual misconduct, no matter how long ago they were supposed to have occurred. It also required schools to keep copious records before possible complaints and strongly discouraged schools from “allowing parties to question or question themselves during the hearing”.
“It was here that the Obama administration turned schools into a weapon, because they basically said that if we find that you didn’t act properly in these situations, we will remove your federal funding,” said Mock.
DeVos said the previous approach did “a terrible service to everyone involved” and “every student accused of sexual misconduct must know that guilt is not predetermined”.
Its rules still protected the alleged victims from having to come face to face with the accusers or answer questions elaborated personally by the accused. But they offered a new guarantee that the accused would ask questions through a representative and question other witnesses.
The changes made by DeVos required that sexual harassment be defined as “severe and widespread” – not one or the other as previously labeled – and schools could only be held responsible for the incorrect handling of complaints if they acted with “deliberate indifference”.
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Sage Carson, manager of “Know Your IX”, a student advocacy group protected by Title IX, said the changes made by DeVos made survivors less willing to report.
“At the moment, what we are hearing from survivors is, ‘I don’t want to go through this process, the process is very scary for me and these rules are very intimidating,'” Carson told NPR. Biden also called the Trump regulations an effort to “embarrass and silence the survivors”.
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Title IX is the 1972 law that prohibits discrimination based on sex in education; DeVos law and regulations applied to the country’s colleges and universities, along with elementary and high schools.