UMN changes policies to add protections for students accused of sexual misconduct
The suspension of 10 Gophers football players following an alleged rape last fall led to a short-lived team boycott and shined a light on disciplinary processes at the U and colleges across the country.
In August, a law firm hired by the U to examine the football scandal recommended numerous changes to the student conduct policy.
One month later, U.S. Education Secretary Betsy DeVos issued temporary guidelines for colleges that receive complaints of sexual misconduct by students.
The Board of Regents on Friday adopted several changes to its student conduct code and sexual harassment policies. They include:
Attorney Ryan Pacyga, who represented a football player who was not punished, said the university should go further to protect the accused. He wants audio recordings of investigative interviews, counseling for accused students and a warning that they have the right to an attorney.
“It’s a step in the right direction but there’s still room to improve,” he said.
Regents on Friday asked President Eric Kaler’s administration to consider additional policy changes related to whether and when a group of students should be held accountable for the actions of one member.
The changes go into effect Jan. 1.
‘NOT RETREATING’
The Trump administration’s letter on college sexual misconduct replaced guidance from the Obama administration, which civil liberties advocates said neglected the rights of the accused.
DeVos said the new guidelines ensure colleges cannot sweep misconduct allegations under the rug while ensuring a “fair and impartial” process for the accused.
Still, the DeVos letter gives colleges flexibility on how they adjudicate the cases, and the U has opted against major changes.
The U, for example, will stick with the “preponderance of the evidence” standard when weighing evidence against a student rather than the higher bar of “clear and convincing evidence.”
Regent Peggy Lucas said the new policies “send the message that we’re not retreating on what we consider to be very serious behavior.”
The U began examining its sexual misconduct policy because of a November 2015 settlement agreement with the U.S. Department of Education’s Office for Civil Rights. The deal resolved an investigation into a gymnast’s complaint about Jim Stephenson, who was a volunteer assistant coach and husband of then-head coach Meg Stephenson.
Meg Stephenson resigned, and the U agreed to pay the student $250,000.
The U also considered changes when athletics director Norwood Teague resigned in August 2015 after sexually harassing two co-workers.
http://www.twincities.com/2017/10/1...or-students-accused-of-sexual-misconduct/amp/
- Josh Verges
- PUBLISHED: October 13, 2017 at 4:17 pm | UPDATED: October 13, 2017 at 4:29 pm
- Categories:Education, News
The suspension of 10 Gophers football players following an alleged rape last fall led to a short-lived team boycott and shined a light on disciplinary processes at the U and colleges across the country.
In August, a law firm hired by the U to examine the football scandal recommended numerous changes to the student conduct policy.
One month later, U.S. Education Secretary Betsy DeVos issued temporary guidelines for colleges that receive complaints of sexual misconduct by students.
The Board of Regents on Friday adopted several changes to its student conduct code and sexual harassment policies. They include:
- Provide accused students with detailed, written notice of the allegations and enough time to prepare a response
- Allow accused students to respond to allegations in writing or at a live hearing before the U decides whether they violated the policy
- While the case is pending, offer both the accuser and the accused the opportunity to change their class or work schedules and living arrangements
- Redefine a student who “assists or abets” sexual misconduct as one who “intends the misconduct to occur” rather than one who “reasonably should know” misconduct would happen. Deputy general counsel Brian Slovut said the old language might have led to disciplinary proceedings being brought against more students than was appropriate
Attorney Ryan Pacyga, who represented a football player who was not punished, said the university should go further to protect the accused. He wants audio recordings of investigative interviews, counseling for accused students and a warning that they have the right to an attorney.
“It’s a step in the right direction but there’s still room to improve,” he said.
Regents on Friday asked President Eric Kaler’s administration to consider additional policy changes related to whether and when a group of students should be held accountable for the actions of one member.
The changes go into effect Jan. 1.
‘NOT RETREATING’
The Trump administration’s letter on college sexual misconduct replaced guidance from the Obama administration, which civil liberties advocates said neglected the rights of the accused.
DeVos said the new guidelines ensure colleges cannot sweep misconduct allegations under the rug while ensuring a “fair and impartial” process for the accused.
Still, the DeVos letter gives colleges flexibility on how they adjudicate the cases, and the U has opted against major changes.
The U, for example, will stick with the “preponderance of the evidence” standard when weighing evidence against a student rather than the higher bar of “clear and convincing evidence.”
Regent Peggy Lucas said the new policies “send the message that we’re not retreating on what we consider to be very serious behavior.”
The U began examining its sexual misconduct policy because of a November 2015 settlement agreement with the U.S. Department of Education’s Office for Civil Rights. The deal resolved an investigation into a gymnast’s complaint about Jim Stephenson, who was a volunteer assistant coach and husband of then-head coach Meg Stephenson.
Meg Stephenson resigned, and the U agreed to pay the student $250,000.
The U also considered changes when athletics director Norwood Teague resigned in August 2015 after sexually harassing two co-workers.
http://www.twincities.com/2017/10/1...or-students-accused-of-sexual-misconduct/amp/
