WASHINGTON — A federal judge on Wednesday allowed the Education Department to move forward with new rules governing how schools and universities respond to complaints of sexual assault.
The rules, which take effect Friday, expand the rights of the accused, narrow the definition of sexual harassment and reduce the scope of cases that schools are required to investigate, among other changes.
He also turned aside an argument that the rules would bring heavy costs for schools and limit their ability to respond to the coronavirus pandemic. Education Secretary Betsy DeVos said the ruling is “yet another victory for students and reaffirms that students’ rights under Title IX go hand in hand with basic American principles of fairness and due process.”
Under her overhaul, the definition of sexual harassment is narrowed to"unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive” that it denies a person access to a school’s education programs or activity. The case challenging the rules was led by attorneys general in Pennsylvania, New Jersey and California, with backing from a total of 17 states and the District of Columbia.
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