Trump Nominee Would Be Disaster For Campus Sexual Assault Victims

As two Jewish sexual assault survivors, we’ve watched with horror as the Trump nominee for assistant secretary of the Education Department’s Office for Civil Rights, Kenneth L. Marcus, passed through his initial Senate education committee hearing in mid-January. Now, the full Senate will vote on whether to confirm him.

Marcus, an attorney and founder of the Louis D. Brandeis Center for Human Rights Under Law, openly endorses Secretary of Education Betsy DeVos’ draconian views on campus sexual assault by supporting a rollback of the Title IX guidance the Obama administration put in place to help survivors of sexual assault continue their educations. Oftentimes, Title IX guidance simply ensures that a survivor won’t have to sit next to an assailant during math class, or can receive an extension on a paper.

It also dictates that universities must promptly investigate any claims of misconduct and explain how to hold fair hearings for both the accuser and accused. Student survivors could use the guidance to understand how their schools could support their healing and get them back to the classroom (like by providing counseling, which schools must offer free of charge). Equally as important, the guidance proved that the federal government had survivors’ backs.

That’s all changed now. DeVos has already replaced the 2011 guidance with interim guidance that greatly tips the scales in favor of accused students. For example, this interim guidance now denies survivors the right to appeal, and has lifted the prohibition on direct cross-examination. This will ensure that survivors are less likely to come forward, given that they may be required to directly face their rapists.

To be clear, we expected no different from a Trump nominee ― as Trump is an alleged perpetrator himself. Of course, Marcus agrees with all of Trump’s “civil rights” policy. During his committee hearing, Sen. Patty Murray (D-Wash.) asked Marcus if Trump had made any statements on civil rights with which he disagreed. Marcus answered no.

Source: huffingtonpost