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Rights Protection Group Sues US Over New Campus Sex Assault Rules

FILE - Education Secretary Betsy DeVos makes remarks during a major policy address on Title IX enforcement, which in college covers sexual harassment, rape and assault, at George Mason University, in Arlington, Virginia, Sept. 7, 2017.
FILE - Education Secretary Betsy DeVos makes remarks during a major policy address on Title IX enforcement, which in college covers sexual harassment, rape and assault, at George Mason University, in Arlington, Virginia, Sept. 7, 2017.

Saying Secretary of Education Betsy DeVos has created a double standard that is devastating for survivors of sexual harassment and assault, the American Civil Liberties Union (ACLU) filed a lawsuit Thursday to block recently published rules on handling campus assaults.

The rule changes published last week "slash schools' obligations to respond to reports of sexual harassment and assault" and create a "second-class standard for reports of sexual harassment and assault," the lawsuit claims.

The ACLU filed the suit on behalf of four advocacy groups, including Know Your IX (a reference to the 1972 education law known as Title IX) and Stop Sexual Assault in Schools, to block DeVos' rule changes before they are implemented August 14.

"Betsy DeVos has created a double standard that is devastating for survivors of sexual harassment and assault, who are overwhelmingly women and girls. We are suing to make sure this double standard never takes effect," Ria Tabacco Mar, director of the ACLU's Women's Rights Project, said in a statement.

The U.S. Education Department issued the new rules that modify Title IX, a law that prohibits "discrimination based on sex in education programs or activities that receive federal financial assistance."

The new provisions bolster the rights of due process of the accused, reduce legal liabilities for schools and colleges, and narrow the scope of cases schools will be required to investigate.

DeVos argued that the new rules would replace policies from the Obama administration that pressured schools to violate the rights of accused students.

"This new regulation requires schools to act in meaningful ways to support survivors of sexual misconduct, without sacrificing important safeguards to ensure a fair and transparent process. We can and must continue to fight sexual misconduct in our nation's schools, and this rule makes certain that fight continues," she said in a statement last week.

The ACLU and law firm Stroock & Stroock & Lavan LLP challenged her assertion, saying in a released statement that, "the rule subjects reports of sexual harassment to a different and more skeptical review than reports of harassment based on race, national origin, or disability," and will lead to 32% fewer reports of sexual harassment and assault.

The suit also argues that under the new rule, schools will not be required to investigate alleged sexual assault incidents that happen off-campus or during a study abroad program. A study published five months ago by the American Psychological Association found that students experience a significantly increased risk of rape and other forms of sexual assault while studying abroad in non-English-speaking countries.

"The new Title IX regulations are a blatant threat to the years of work to create safe, supportive academic environments for students across the gender spectrum," Ashley Sawyer, a policy director at Girls for Gender Equity, said in a statement. "We want to do everything we can to ensure that the true spirit and original intent of Title IX remains, to ensure that everyone has meaningful access to education, without being hindered by sexual violence."

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Historically Black colleges see surge in applications

FILE - The entrance to the Morehouse School of Medicine in Atlanta is seen on May 4, 2022.
FILE - The entrance to the Morehouse School of Medicine in Atlanta is seen on May 4, 2022.

After the Supreme Court’s ruling banning affirmative action in college applications, competitive schools are reporting a decline in first-time minority enrollment.

But the nation’s historically Black colleges and universities are seeing a surge in applications, Liam Knox writes in Inside Higher Ed. (September 2024)

Fewer men enrolling in college

FILE - Students walk past the Thorne Hall at Occidental College campus in Los Angeles, July 27, 2023.
FILE - Students walk past the Thorne Hall at Occidental College campus in Los Angeles, July 27, 2023.

In the last few years, the number of men enrolled in U.S. colleges and universities has dropped by 6%, and the proportion of male students is at an all-time low of 41%.

Lauren Hamilton of WAMU American University Radio looks at why the shift is happening, and what universities are doing about it. (August 2024)

Nine charged in police breakup of pro-Palestinian camp at US university

FILE - Pro-Palestinian protesters set up a camp at the University of Michigan in Ann Arbor, Michigan, May 2, 2024. Authorities have filed charges against nine people accused of trespassing or resisting police during the May breakup of a pro-Palestinian camp at the the school.
FILE - Pro-Palestinian protesters set up a camp at the University of Michigan in Ann Arbor, Michigan, May 2, 2024. Authorities have filed charges against nine people accused of trespassing or resisting police during the May breakup of a pro-Palestinian camp at the the school.

Authorities have filed charges against nine people who are accused of trespassing or resisting police during the May breakup of a pro-Palestinian camp at the University of Michigan.

"The First Amendment does not provide a cover for illegal activity," Attorney General Dana Nessel said Thursday, a day after charges were filed in Washtenaw County.

The camp on the Diag, known for decades as a site for campus protests, was cleared by police on May 21 after a month. Video posted online showed police using what appeared to be an irritant to spray people, who were forced to retreat.

The university said the camp had become a threat to safety, with overloaded power sources and open flames.

Nessel said two people were charged with trespassing, a misdemeanor, and seven more people were charged with trespassing as well as resisting police, a felony.

Protesters have demanded that the school's endowment stop investing in companies with ties to Israel. But the university insists it has no direct investments and less than $15 million placed with funds that might include companies in Israel. That's less than 0.1% of the total endowment.

U.S. Representative Rashida Tlaib, a Detroit Democrat who supports the protesters, said the charges were "frivolous" and a "shameful attack" on the rights of students.

Separately, Nessel said state prosecutors charged two people for alleged acts during a counterdemonstration on April 25, a few days after the camp was created.

Nessel said authorities still were investigating spring protests at the homes of elected members of the university's governing board.

Colleges get ready for return of protests  

Alia Amanpour Trapp, right, leads the crowd during a pro-Palestine rally and march on Temple University campus in Philadelphia, Aug. 29, 2024.
Alia Amanpour Trapp, right, leads the crowd during a pro-Palestine rally and march on Temple University campus in Philadelphia, Aug. 29, 2024.

After a summer lull when most students left campuses, colleges and universities are getting ready for the possible return of protests over the war in Gaza.

USA Today reports that while activists are likely to resume demonstrations, many schools have prepared by enacting harsher rules for those causing disruptions. (August 2024)

US research university ends ties with school in China

FILE - In this March 11, 2016, file photo, a pedestrian walks through the Georgia Tech campus as the downtown Atlanta skyline looms in the background.
FILE - In this March 11, 2016, file photo, a pedestrian walks through the Georgia Tech campus as the downtown Atlanta skyline looms in the background.

Amid national security concerns, the Georgia Institute of Technology has ended its partnership with Tianjin University in Shenzhen, which U.S. lawmakers say has ties to the Chinese military.

The Washington Post reported that an official at Georgia Tech said the Georgia Tech Shenzen Institute became untenable because of a problematic partnership, global politics and pending legislation. (September 2024)

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