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Federal Rules Grant More Protection to Students Accused of Sexual Assault

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  • Education Secretary Betsy DeVos Announced Changes to Title IX that effectively give more power to those accused of sexual misconduct. 
  • Schools can now choose between two evidentiary standards when handling misconduct: the preponderance of evidence or the clear and convincing evidence standard, the latter of which makes it harder for students to be convicted of wrongdoing.
  • Schools are also not required to investigate off-campus incidents if it takes place at a location or event that is not affiliated with the school.
  • The revisions also mandate schools to allow students to go through a live hearing where both parties undergo a cross-examination led by the other student’s lawyer or representative.
  • DeVos believes that these changes make due process fairer, however many fear that this will harm survivors and potentially stop them from reporting.

General Changes to Title IX

Education Secretary Betsy DeVos announced new changes to Title IX regulations that give more protections to those accused of sexual misconduct. 

In a hefty 2,033 page document, DeVos unveiled a sweeping list of final regulations directing schools and colleges on how to handle sexual misconduct on their campuses. Many of these new regulations rescind rules made during the Obama administration.

Among the changes include a tighter definition of sexual harassment, which will now be considered conduct that is ‘“so severe, pervasive, and objectively offensive that it denies its victims equal access to education.” The previous definition included broader forms of misconduct that only had to interfere with or limit access to education, not deny it. The new term made additions to include sexual assault, dating violence, domestic violence, and stalking. which were not listed in the old one.

The new regulations also limit what kind of off-campus incidents schools are obligated to look into. If an assault takes place off-campus, a school is now only obligated to look into it if it took place at a school sanctioned event, or if it happened in an “off-campus building owned or controlled by” the school or a student organization. Things like school field trips and conferences, and events at fraternity and sorority houses are under the school’s domain. If an incident takes place at a student’s private off-campus apartment, however, the school is not required to investigate. 

Changes to Reporting and Investigation Standards

Some of the most controversial revisions change the way reported incidents will be investigated by schools. Schools can now choose which evidentiary standard to use when handling cases: the preponderance of evidence or the clear and convincing evidence standard. Currently, the preponderance of evidence standard is commonly used on campuses. The latter option makes it much harder for the accused to be found guilty of wrongdoing. 

The changes also mandate that schools allow live hearings where the accused and accuser undergo a cross-examination. The questioning will be led by the other student’s lawyer or representative so that the two do not have to meet face-to-face. Still, many fear that this process would be traumatizing for survivors of sexual assault.

Schools also are only required to investigate cases if they are reported via a formal complaint to a campus official with the authority to handle it. If the incident is just shared with an R.A. or another campus figure, an investigation is not mandatory. 

“Too many students have lost access to their education because their school inadequately responded when a student filed a complaint of sexual harassment or sexual assault,” DeVos said in a statement. “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.”

Kenneth L. Marcus, Assistant Secretary of Education in the Office for Civil Rights also made remarks in support of the Department’s changes to Title IX. 

“The new Title IX regulation is a game-changer,” Marcus wrote. “It establishes that schools and colleges must take sexual harassment seriously, while also ensuring a fair process for everyone involved.”

“There is no reason why educators cannot protect all of their students – and under this regulation there will be no excuses for failing to do so,” he added. 

Responses and Backlash

The changes were met with an expected amount of criticism. When DeVos first announced her plans in 2018, the Department of Education received 120,000 comments on the matter, which is the most the department has ever received for a proposal. 

Several organizations fear that these rules will hurt survivors and ultimately stop them from reporting sexual misconduct. Know Your IX said that the rules are “dangerous and could push survivors out of school entirely.”

Fatima Goss Graves, President and CEO of the National Women’s Law Center also released a statement with a similar sentiment. 

 “If this rule goes into effect, survivors will be denied their civil rights and will get the message loud and clear that there is no point in reporting assault,” Goss Graves wrote. “We refuse to go back to the days when rape and harassment in schools were ignored and swept under the rug.”

The National Women’s Law Center says they will be taking DeVos and her department to court over the issue. 

Another contentious aspect of DeVos’ announcement is its timing. Schools around the country are already dealing with the coronavirus pandemic. Attorneys General from over a dozen states signed a letter back in March asking DeVos to hold off on announcing these plans, as schools at every level have a full plate right now. 

“This unprecedented pandemic—and the necessary steps our country is taking to mitigate and minimize its harms—has placed a significant strain on our schools and our students,” the letter said. “With school resources already stretched thin, now is not the time to require school administrators, faculty, and staff to review new, complex Title IX regulations.”

The rules have yet to take effect. They are currently scheduled to be implemented on August 14, just before the beginning of the traditional school year, a timeline that is likely to be further impacted by the coronavirus. 

See what others are saying: (CBS News) (NPR) (The Guardian)

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Conservatives Slam Elmo For Getting Vaccinated Against COVID-19 

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While critics accused the muppet of promoting propaganda, CDC data shows the shots are safe and effective.


Elmo Gets Vaccinated 

Conservative politicians expressed outrage on Twitter after the beloved “Sesame Street” character Elmo revealed he got vaccinated against COVID-19 on Tuesday.

The Centers for Disease Control and Prevention recently cleared the way for children between the ages of six months and five years to get vaccinated against the virus. The famous red muppet is three years old, making him finally eligible for the jab. 

In a video shared by “Sesame Street,” Elmo said that he felt “a little pinch, but it was okay.” 

Elmo’s father, Louie, then addressed parents who might be apprehensive about vaccinating their own kids. 

“I had a lot of questions about Elmo getting the COVID vaccine,” he said to the camera. “Was it safe? Was it the right decision? I talked to our pediatrician so I could make the right choice.” 

“I learned that Elmo getting vaccinated is the best way to keep himself, our friends, neighbors, and everyone else healthy and enjoying the things they love,” he continued. 

Republicans Criticize “Sesame Street”

While some praised the video for raising awareness and addressing the concerns parents may have, Sen. Ted Cruz (R-Tx) quickly lambasted the effort.

“Thanks, Sesame Street for saying parents are allowed to have questions,” Cruz tweeted. “You then have Elmo aggressively advocate for vaccinating children UNDER 5. But you cite ZERO scientific evidence for this.”

Despite Cruz’s claim, the CDC has provided ample resources with information on vaccines for children. 

He was not alone in criticizing the video. Harmeet Dhillon, a committeewoman of the Republican National Committee for California, suggested that Elmo would be taking puberty blockers next. 

Other anti-vaxxers claimed Elmo would get myocarditis and accused “Sesame Street” of promoting propaganda.

COVID-19 vaccines have been proven to be both safe and effective against transmission of the virus, but this is not the first time conservatives have turned their anger against a friendly-looking muppet who opted to get the jab. When Big Bird got vaccinated in November, Cruz and other right-wing figures accused the show of brainwashing kids.

Big Bird’s choice to get vaccinated was not a shocker though, clips dating back to 1972 show him getting immunized against the measles. 

See what others are saying: (CNN) (The Hill) (Market Watch)

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Uvalde Puts Police Chief on Leave, Tries to Kick Him Off City Council

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If Pete Arredondo fails to attend two more consecutive city council meetings, then he may be voted out of office.


Police Chief Faces Public Fury

Uvalde School District Police Chief Pete Arredondo was placed on administrative leave Wednesday following revelations that he and his officers did not engage the shooter at Robb Elementary for over an hour despite having adequate weaponry and protection.

Superintendent Hal Harrell, who made the announcement, did not specify whether the leave is paid or unpaid.

Harrell said in a statement that the school district would have waited for an investigation to conclude before making any personnel decisions, but chose to order the administrative leave because it is uncertain how long the investigation will take.

Lieutenant Mike Hernandez, the second in command at the police department, will assume Arredondo’s duties.

In an interview with The Texas Tribune earlier this month, Arredondo said he did not consider himself in charge during the shooting, but law enforcement records reviewed by the outlet indicate that he gave orders at the scene.

Department of Public Safety Director Steve McCraw told state senators on Tuesday that some officers wanted to enter the classrooms harboring the shooter but were stopped by their superiors.

He said officer Ruben Ruiz tried to move forward into the hallway after receiving a call from his wife Eva Mireles, a teacher inside one of the classrooms, telling him she had been shot and was bleeding to death.

Ruiz was detained, had his gun taken away, and was escorted off the scene, according to McCraw. Mireles later died of her wounds.

Calls for Arredondo to resign or be fired have persisted.

Emotions Erupt at City Council

Wednesday’s announcement came one day after the Uvalde City Council held a special meeting in which community members and relatives of victims voiced their anger and demanded accountability.

“Who are you protecting?” Asked Jasmine Cazares, sister of Jackie Cazares, a nine-year-old student who was shot. “Not my sister. The parents? No. You’re too busy putting them in handcuffs.”

Much of the anger was directed toward Arredondo, who was not present at the meeting but was elected to the city council on May 7, just over two weeks before the massacre.

“We are having to beg ya’ll to do something to get this man out of our faces,” said the grandmother of Amerie Jo Garza, a 10-year-old victim. “We can’t see that gunman. That gunman got off easy. We can’t take our frustrations out on that gunman. He’s dead. He’s gone. … Ya’ll need to put yourselves in our shoes, and don’t say that none of ya’ll have, because I guarantee you if any of ya’ll were in our shoes, ya’ll would have been pulling every string that ya’ll have to get this man off the council.”

One woman demanded the council refuse to grant Arredondo the leave of absence he had requested, pointing out that if he fails to attend three consecutive meetings the council can vote him out for abandoning his office.

“What you can do right now is not give him, if he requests it, a leave of absence,” she said. “Don’t give him an out. We don’t want him. We want him out.”

After hearing from the residents, the council voted unanimously not to approve the leave of absence.

On Tuesday, Uvalde’s mayor announced that Robb Elementary is set to be demolished, saying no students or teachers should have to return to it after what happened.

We make it a point to not include the names and pictures of those who may have been seeking attention or infamy and will not link out to websites that might contain such information.

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Texas Public Safety Director Says Police Response to Uvalde Shooting Was An “Abject Failure”

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New footage shows officers prepared to engage the shooter one hour before they entered the classroom.


Seventy-Seven Deadly Minutes

Nearly a month after the mass shooting in Uvalde, Texas that killed 19 children and two teachers, evidence has emerged indicating that police were prepared to engage the shooter within minutes of arriving, but chose to wait over an hour.

The shooting at Robb Elementary began at 11:33 a.m., and within three minutes 11 officers are believed to have entered the school, according to surveillance and body camera footage obtained by KVUE and the Austin American Statesman.

District Police Chief Pete Arredondo reportedly called a landline at the police department at 11:40 a.m. for help.

“It’s an emergency right now,” he said. “We have him in the room. He’s got an AR-15. He’s shot a lot… They need to be outside the building prepared because we don’t have firepower right now. It’s all pistols.”

At 11:52 a.m., however, the footage shows multiple officers inside the school armed with at least two rifles and one ballistic shield.

Law enforcement did not enter the adjoined classrooms to engage the shooter until almost an hour later, at 12:50 p.m. During that time, one officer’s daughter was inside the classrooms and another’s wife, a teacher, reportedly called him to say she was bleeding to death.

Thirty minutes before law enforcement entered the classrooms, the footage shows officers had four ballistic shields in the hallway.

Frustrated Cops Want to Go Inside

Some of the officers felt agitated because they were not allowed to enter the classrooms.

One special agent at the Texas Department of Public Safety arrived about 20 minutes after the shooting started, then immediately asked, “Are there still kids in the classrooms?”

“It is unknown at this time,” another officer replied.

“Ya’ll don’t know if there’s kids in there?” The agent shot back. “If there’s kids in there we need to go in there.”

“Whoever is in charge will determine that,” the other officer responded.

According to an earlier account by Arredondo, he and the other officers tried to open the doors to the classrooms, but found them both locked and waited for a master key to arrive. But surveillance footage suggests that they never tried to open the doors, which a top Texas official has confirmed were never actually locked.

One officer has told reporters that within minutes of the police response, there was a Halligan bar, which firefighters use to break down locked doors, on-site, but it was never used.

At a special State Senate committee hearing Monday, Texas Department of Public Safety Director Steve McCraw called the police response an “abject failure” and “antithetical to everything we’ve learned over the last two decades since the Columbine massacre.”

“The only thing stopping a hallway of dedicated officers from (entering rooms) 111 and 112 was the on-scene commander who decided to place the lives of officers before the lives of children,” he said. “The officers have weapons, the children had none.”

We make it a point to not include the names and pictures of those who may have been seeking attention or infamy and will not link out to websites that might contain such information.

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