We knew it was coming, but it finally happened: Secretary Betsy DeVos’s Department of Education officially withdrew two sets of guidelines around campus sexual assault released during the Obama administration. The letter, signed by acting Assistant Secretary for Civil Rights Candice Jackson, rolls back guidelines around handling cases of sexual assault. It reads, in part:
The Department imposed these regulatory burdens without affording notice and the opportunity for public comment. Under these circumstances, the Department has decided to withdraw the above referenced guidance documents in order to develop an approach to student sexual misconduct that responds to the concerns of stakeholders and that aligns with the purpose of Title IX to achieve fair access to educational benefits. The Department intends to implement such a policy through a rule making process that responds to public comment. The Department will not rely on the withdrawn documents in its enforcement of Title IX.
The guidelines that were withdrawn are the now-infamous 2011 Dear Colleague Letter on Sexual Violence and the 2014 Q&A on Title IX and Sexual Violence.