Trump Overturns Obama Guidelines On Sexual Assault On Campuses


SECRETARY OF EDUCATION BETSY
DEVOS MADE AN ANNOUNCEMENT TODAY THAT WILL CONCERN QUITE
FEW VICTIMS OF RAPE AND SEXUAL ASSAULT. SHE IS SCRAPPING A MEMO SENT OUT
BY THE EDUCATION DEPARTMENT BACK IN 2011 UNDER THE OBAMA
ADMINISTRATION WHICH ESSENTIALLY DIRECTED SCHOOLS THAT RECEIVE
FEDERAL FUNDING ON HOW TO DEAL WITH ACCUSATIONS OF CAMPUS
SEXUAL ASSAULT, HARASSMENT, AND RAPE. BETSY DEVOS HAD HINTED THAT SHE
PLANNED TO DO AWAY WITH THE DIRECTIVE AND SHE HAS DONE SO
TODAY. FIRST I WANT TO GO TO THE VIDEO
WHERE SHE ANNOUNCES PART OF THE REASON WHY SHE MADE THIS
DECISION. TAKE A LOOK. ONE RAPE IS ONE TOO MANY. ONE ASSAULT IS ONE TOO MANY. ONE AGGRESSIVE ACT OF HARASSMENT
IS ONE TOO MANY. ONE PERSON DENIED DUE PROCESS IS
ONE TOO MANY. THERE IS NO WAY TO AVOID THE
DEVASTATING REALITY OF CAMPUS SEXUAL MISCONDUCT. LIVES HAVE BEEN LOST. LIVES OF VICTIMS AND LIVES OF
THE ACCUSED. AND WE’RE HERE TODAY BECAUSE THE
PREVIOUS ADMINISTRATION HELPED ELEVATE THIS ISSUE IN
AMERICAN PUBLIC LIFE BUT GOOD INTENTIONS ALONE ARE NOT
ENOUGH. SURVIVORS, VICTIMS OF A LACK OF
DUE PROCESS, AND CAMPUS ADMINISTRATORS HAVE ALL TOLD ME
THAT THE CURRENT APPROACH DOES A DISSERVICE TO EVERYONE
INVOLVED. LET ME BREAKDOWN WHAT THE
APPROACH WAS AT THE OBAMA ADMINISTRATION. I’M SURE SOME OF YOU MIGHT’VE
SEEN SOME COVERAGE ON THIS ON OTHER OUTLETS AND NONE OF THEM
ACTUALLY DELVE INTO THE DETAILS OF WHAT THE OBAMA
ADMINISTRATION CALLED FOR AND YOU KNOW, BETSY DEVOS
MADE SOME PRETTY HEAVY ALLEGATIONS AGAINST IT
INDICATING THAT THE DEFINITION FOR SEXUAL ASSAULT
WAS TOO BROAD. NO IT WASN’T, IT WAS ACTUALLY
PRETTY SPECIFIC. THAT IS NOT TO SAY IT DID NOT
HAVE SOME PROBLEMS AND WE WILL GET TO THOSE IN A SECOND,
BUT I WANT TO BE CLEAR ABOUT ONE THING: BETSY DEVOS IS
COMING FROM A PLACE OF HEY, YOU KNOW WHAT? WE ARE BEING REALLY UNFAIR TO
THOSE WHO ARE ACCUSED. SHE IS ESSENTIALLY TURNING THE
ACCUSED INTO THE VICTIMS HERE WHEN IN REALITY, THE BIGGEST
PROBLEM THAT LED TO THE OBAMA ADMINISTRATION PUTTING OUT THAT
DIRECTIVE WAS THE FACT THAT IN MANY CASES, UNIVERSITIES AND
COLLEGE CAMPUSES REFUSE TO DO A PROPER INVESTIGATION OR
INVESTIGATION AT ALL WHEN A STUDENT ACCUSED ANOTHER OF
SEXUAL ASSAULT OR RAPE. THAT WAS WHEN THE FEDERAL
GOVERNMENT GOT INVOLVED. IMPORTANT CONTEXT HERE. WHEN SHE SAYS THE RIGHTS OF THE
VICTIMS AND THE ACCUSED HAVE TO BE BALANCED. THAT IS A CONTROVERSIAL
STATEMENT. SHOULD THE ACCUSED HAVE RIGHTS? CORE STARTS AMERICA. OF COURSE THEY SHOULD HAVE
RIGHTS. THE QUESTION IS WHAT YOU IN
BESIDES? WHEN THE OVERWHELMING MAJORITY
OF THE CASES TURN OUT TO BE TRUE AND YOU THEN START
CALLING IT 50-50 I’M NOT SURE YOU HAVE YOUR
PRIORITIES STRAIGHT. IT’S NOT TO SAY THAT THE ACCUSED
SHOULDN’T HAVE RIGHTS. OF COURSE THEY SHOULD BUT ONCE
YOU GIVE THEM RIGHTS AND IT TURNS OUT THEY ARE GUILTY AND
YOU TREAT IT AS IF IT’S A 50-50 SITUATION WHEN THE STATS
DON’T BUY THAT OUT, THAT IS A HUGE PROBLEM. THE SECOND PROBLEM IS THAT
COLLEGES AND UNIVERSITIES HAVE INCENTIVE TO COVER THIS UP
BECAUSE IT MAKES THEM LOOK BAD WHICH THEN AFFECTS THE
PEOPLE THAT APPLY, THE PEOPLE THAT COME. IT AFFECTS THEIR FUNDING SO THAT
GOES TO THE CORE OF WHAT THEY CARE ABOUT AND THIS DOESN’T
ACKNOWLEDGE THAT AT ALL. IN FACT, IT TAKES THE THING THAT
TECHNOLOGY AND SAID HEY, DON’T RUSH IS UNDER THE RUG. MAKE SURE YOU ARE TREATING IT
PROPORTIONALLY AND IT TRULY INCORRECTLY BALANCED WAY AND
SAYS NO, LET’S SCRAP THAT. LET’S NOT DO THAT AND AT ALL. LET ME BE ABSOLUTELY CLEAR
ABOUT ONE THING. OBAMA’S DIRECTIVE OR THE
EDUCATION DEPARTMENT DIRECTED UNDER THE OBAMA
MINISTRATION MADE CLEAR THAT THE INVESTIGATION DID HAVE
TO BE IMPARTIAL SO WHAT YOU JUST SAW ñ SHE MAKES IT SEEM
AS THOUGH THE EDUCATION DEPARTMENT UNDER OBAMA CAME OUT
AND SAID NO, AS SOON AS SOMEONE IS ACCUSED THEY ARE
GUILTY. THAT IS IT. THAT IS RIDICULOUS. NO, IT SAID YOU NEED TO
INVESTIGATE AND BE IMPARTIAL AS YOU DO IT AND LOOK,
THERE IS A DIFFERENT BURDEN OF PROOF WHEN IT COMES TO A
CRIMINAL CASE. IF THIS ALLEGED RATE FOR
INSTANCE GOES TO TRIAL AND IT IS A CRIMINAL CASE, THE
BURDEN OF PROOF IS MUCH HIGHER. THAT PERSON NEEDS TO BE FOUND
GUILTY BEYOND A REASONABLE DOUBT BECAUSE THAT IS A SERIOUS
ALLEGATION AND YOU ARE TALKING ABOUT A CRIMINAL
OFFENSE. WHEN IT COMES TO A COLLEGE
CAMPUS THOUGH, THEY ARE NOT LAWYERS. THERE IS NO JUDGE. THIS IS NOT A CRIMINAL SYSTEM. THIS IS A UNIVERSITY MAKING A
DECISION AS TO WHETHER OR NOT THIS RAPE HAPPENED AND IF IT DID
HAPPEN, HAS A CREATED A HOSTILE ENVIRONMENT THAT DISTRACTS THE
VICTIM FROM LEARNING AND FEELING COMFORTABLE AND CAMPUS
AND THEN THE UNIVERSITY DECIDES WHAT IT SHOULD DO BUT AGAIN, THE
BURDEN OF PROOF IS A LITTLE LOWER FOR THE UNIVERSITIES
BECAUSE WE ARE NOT TALKING ABOUT A CRIMINAL CASE, WE’RE TALKING
ABOUT A UNIVERSITY DOING THEIR OWN INVESTIGATION TO FIGURE OUT
WHAT IS BEST FOR THOSE INVOLVED. ONE MORE PIECE OF CONTEXT
BECAUSE OF YOU ARE SAYING I KNEW IT, THERE’S A LOWER BURDEN
OF PROOF. THERE RAILROADING THESE GUYS. SHOULD ALWAYS BE AN INCREDIBLY
HIGH BURDEN OF PROOF. THERE IS DIFFERENT CONTEXT. FOR EXAMPLE, CIVIL TRIALS. THEY DO NOT REQUIRE YOU TO BE
9899% CERTAIN. THEY JUST REQUIRE YOU TO BE 51%
CERTAIN BECAUSE YOU HAVE TO DECIDE WHO IS RIGHT AND WHO IS
WRONG. YOU MIGHT OR MIGHT NOT REMEMBER
THIS. OJ OF COURSE GOT ACQUITTED AND
EVERYONE REMEMBERS THAT IN HIS CRIMINAL TRIAL BUT THEN THE
GOLDEN AND FAMILY WHO LOST HER SON PSEUDOGENE A CIVIL TRIAL AND
THEY WANT ANYONE EASILY BECAUSE IT WAS A DIFFERENT BURDEN OF
PROOF BECAUSE HE LIKELY DID IT. JUST IN THE CRIMINAL TRIAL THEY
COULDN’T PERMIT BEYOND A REASONABLE DOUBT SO IN SOME
CONTEXT, IT MAKES PERFECT SENSE TO HAVE A DIFFERENT BURDEN OF
PROOF BECAUSE THEY ARE NOT LAWYERS AND JUSTICES AND JUDGES
AT THE UNIVERSITY AND THEY HAVE TO MAKE A DECISION WHO IS
RIGHT, WHO IS WRONG, HOW DO WE MAKE SURE THERE IS THE LEAST
AMOUNT OF DAMAGE HERE? AGAIN, THESE ARE SCHOOL
OFFICIALS WHO DO NOT HAVE THE POWER TO CONVICT SOMEONE OF
A FELONY WHICH IS WHY THE BURDEN OF PROOF IS LOWER AND
BY THE WAY, THE BURDEN OF PROOF IS STILL VERY HIGH BECAUSE
THEY HAVE TO, THROUGH THEIR INVESTIGATION, FIND THAT THE
PERSON WHO HAS BEEN ACCUSED MORE THAN LIKELY DID IT. AGAIN, IT’S A LOWER BURDEN OF
PROOF BUT THEY HAVE TO PROVIDE EVIDENCE INDICATING THAT
THIS INDIVIDUAL MORE THAN LIKELY DID IT. I’M JUST GOING TO SAY ONE
MORE THING THAT YOU MIGHT BE HEARING RIGHT WING PROPAGANDA
OUT THERE AND THEY MAKE IT SEEM LIKE ALL YOU HAVE TO SAY
IS HE DID IT AND THEN THEY WILL KICK YOU OUT OF COLLEGE. IT IS NOT REMOTELY TRUE. THEY GO THROUGH AN ENTIRE LONG
PROCESS BECAUSE NOBODY WANTS TO DO THAT. NOBODY WANTS TO TAKE A KID WHO
DIDN’T DO IT AND GO, I DON’T KNOW, SOMEONE SAID IT SO, SO
WHAT. BY THE WAY, ON THE SHOW WE
DEFENDED MANY PEOPLE WHO WE THOUGHT DIDN’T DO IT AND THERE
WAS BIG DEBATES ABOUT THE MATTRESS WOMAN AT COLUMBIA AND I
THINK SHE WAS PREPOSTEROUS AND I DO WANT TO GET BACK INTO
THOSE DEBATES. OF COURSE AS PROGRESSIVES WE
VALUE THE RIGHTS OF THE ACCUSED BUT YOU ALSO HAVE TO MAKE SURE
THAT YOU ARE PROTECTING THE WOMEN ON CAMPUS AND MEN IF THEY
ARE BEING SEXUALLY ASSAULTED A AND THERE IS A PERCENTAGE
OF MEN WHO DO FACE SEXUAL ASSAULT ON CAMPUS AS WELL. THIS IS NOT JUST A FEMALE VICTIM
ISSUE. BACK TO BETSY DEVOS, I WANT TO
SHOW YOU GRAPHIC THREE TO GIVE YOU A BETTER SENSE OF WHERE SHE
STANDS ON THIS. THAT IS PATENTLY UNTRUE AND
AGAIN, I’M GOING TO REITERATE. IF YOU HAVE SEEN COVERAGE OF THE
STORY ANYWHERE ELSE, THEY NEVER GET TO THE DETAILS OF WHAT
THAT DIRECTIVE SAID. IT WAS 20 PAGES LONG AND I
WANTED TO MAKE SURE I READ EVERY WORD TO REALLY UNDERSTAND
IT GIVE YOU GUYS THE FACTS. ONE LAST THING THERE BECAUSE
THAT STATEMENT SHOWS YOU WHAT BETSY DEVOS IS ABOUT. WHEN SHE SAYS LETS ME BALANCED,
THERE IS NO HARM IN SAYING THAT DOCTOR SHE SHOULD BE. BUT WHEN SHE SAYS YOU COULD BE
ACCUSED FOR JUST SAYING WORDS, THAT IS JUST NOT TRUE. THAT SHOWS YOU SHE HAS BAD
INTENT. SHE IS PURPOSEFULLY LYING
ABOUT THE POLICY SAID THAT I WAS A CONSERVATIVE WHEN I WAS ON
COLLEGE CAMPUSES AND I REMEMBER ONE TIME SOMEONE SAID I SHOULD
NOT BE ABLE TO SPEAK IN CLASS BECAUSE I WAS SUCH A LARGE MAN
THAT MY WORDS INTIMIDATED THEM. SO I THOUGHT THAT NONSENSE AND
BY THE WAY, YOU KNOW WHAT THE LIBERAL DEAN OF THE COLLEGE
SAID? THAT IS NONSENSE, OF COURSE
YOU’RE ALLOWED TO SPEAK. DOESN’T MATTER HOW LARGE YOU
ARE. PREPOSTEROUS. WE’RE NEVER GOING TO AGREE TO
STUFF LIKE THAT BUT THAT IS NOT WHAT THE POLICY DOES. BETSY DEVOS IS LYING ABOUT IT. HERE ARE THE RELEVANT
PORTIONS OF THE MEMO SENT OUT BY THE EDUCATION DEPARTMENT
BACK IN 2011. THEY DID DEFINE A SEXUAL
VIOLENCE RATHER SPECIFICALLY. THAT IS WHAT WE’RE TALKING ABOUT
THERE AND I DON’T KNOW, I DON’T CONSIDER MYSELF THAT SMART BUT I
UNDERSTOOD THE SPECIFIC DEFINITION LAID BEFORE ME THAT
DESCRIBES EXACTLY WHAT THE SEXUAL VIOLENCE IS AND WHAT THE
UNIVERSITY IS EXPECTED TO INVESTIGATE SHOULD A COMPLAINT
COME FORWARD. MAYBE SHE IS TWISTING IT ON
PURPOSE. IF THE WOMAN SAYS NO AND YOU
RATE PER ANYWAY, AND THEN THEY SAY WELL, ARE YOU JUST
PUNISHING THE GUY FOR LANGUAGE, JUST BECAUSE SHE SAID
NO HE WAS SUPPOSED TO STOP? IS AT THE POINT OF HER
MENTIONING LANGUAGE? COME ON, MAN. THEY HAVE BAD INTENT. THEY REALLY DO. SORRY GO AHEAD. SO WHAT DID THIS LETTER TELL
UNIVERSITIES THAT RECEIVE FEDERAL FUNDING? WHAT DID THEY TELL THEM THEY
NEED TO DO? THEY LAID IT OUT. HERE ARE THE BULLET POINTS. LET EVERYBODY ON THE CAMPUS KNOW
WE’RE NOT GOING TO DISCRIMINATE AGAINST YOU BASED ON YOUR
GENDER, YOUR SEXUAL ORIENTATION, THAT IS STANDARD TITLE NINE
REQUIREMENTS. THERE’S NOTHING CONTROVERSIAL
ABOUT THAT. DESIGNATE AT LEAST ONE EMPLOYEE
TO COORDINATE ITS EFFORTS TO COMPLY WITH AND CARRY OUT ITS
RESPONSIBILITY UNDER TITLE 9. JUST HIRE ONE PERSON WHO
ACTUALLY CARRIES OUT THE RESPONSIBILITIES OF TITLE 9. ONE PERSON. IF YOU ARE GOING TO CHANGE
THAT, I KNOW YOU ARE NOT GOING TO GO UP. THE ONLY OTHER NUMBER IS 0. IS THAT A BALANCED APPROACH? RIDICULOUS. ADOPT AND PUBLISH GRIEVANCE
PROCEDURES PROVIDING FOR PROMPT AND EQUITABLE, EQUITABLE. I’M GOING TO REPEAT THAT AGAIN. EQUITABLE RESOLUTION OF SEXUAL
COMPLAINTS. WHERE IS THIS OVER BURDENSOME
FOR UNIVERSITIES? AGAIN, THE REASON WHY THIS
LETTER WAS SENT OUT BY THE DEPARTMENT OF EDUCATION WAS
BECAUSE THERE WAS AN INCREASING NUMBER OF WOMEN COMING FORWARD
AND ALLEGING THAT THEIR UNIVERSITIES REFUSED TO EVEN
INVESTIGATE IT AND SO WHAT THE EDUCATION DEPARTMENT SAID WAS
HEY, LOOK WE WANT YOU GUYS TO DO A THOROUGH AND PROMPT
INVESTIGATION AND FIND A SOLUTION OR RESOLUTION, OKAY? YOU HAVE TO DO THAT BECAUSE YOU
DON’T WANT TO CREATE AN ENVIRONMENT WHERE STUDENTS DON’T
FEEL SAFE. HERE’S ANOTHER THING THAT I WANT
TO READ TO YOU AND AGAIN, THIS IS EXACT WORDING FROM THE
LETTER THAT WAS SENT OUT. THIS IS JUST, BOOK. THEY ARE
GOING TO FIND PEOPLE GUILTY IMMEDIATELY AS SOON AS THEY ARE ACCUSED OUT THAT
THIS LETTER IS ALL ABOUT THE OBAMA ADMINISTRATION BY
DEMANDING IMPARTIALITY OBVIOUSLY MEANT BE BIASED. HERE IS THE THING. THIS ADMINISTRATION, THE CURRENT
ADMINISTRATION JUST WANTS TO UNDO ANYTHING THAT OBAMA DID. IT DOES NOT MATTER IF THE
OBAMA ADMINISTRATION HAD EXECUTIVE ORDERS ARE PASSED, OR
PUSHED FOR LEGISLATION THAT MADE SENSE AND MADE PEOPLE’S
LIVES BETTER. DOESN’T MATTER IF IT’S CLIMATE
CHANGE HAS TO DO WITH SEXUAL ASSAULT ON COLLEGE
CAMPUSES OR THE LGBT COMMUNITY BEING ALLOWED TO JOIN
OUR MILITARY. IT DOESN’T MATTER HOW MUCH SINCE
THOSE POLICY MADE, THE TRUMP ADMINISTRATION HATES THE OBAMA
ADMINISTRATION SO MUCH THAT THEY JUST WANT TO UNDO ANYTHING THAT
HE DID WITH NO RHYME OR REASON. BUT TO BE FAIR TO THEM, THEY
ARE ALSO RIGHT-WINGERS AND THEY BELIEVE THIS STUFF. THEY THINK SEXUAL ASSAULT, A
BALANCED APPROACH TO THAT IS MAYBE HAVING ZERO PEOPLE LOOK
INTO IT INSTEAD OF HAVING ONE PERSON LOOK INTO IT. YOU SAY TOMATO I SAY TOMATO. YOU SAY WITH SEXUAL ASSAULT
BECAUSE SHE SAID NO, I SAY WELL, ARE YOU REALLY BEING FAIR
TO THE GUY? BETSY DEVOS LOOKS PLEASANT
AND SHE WENT THROUGH HER NOMINATION HEARINGS AND WAS LIKE
OH NO, I WILL BE SO FAIR. BEN CARSON DID THE SAME THING. GORSUCH DID IT FOR THE SUPREME
COURT AND THE PRESS TALKED ABOUT HOW PLEASANT THEY LOOKED
AND THE PLEASANT WORDS THEY SAID. DOESN’T CHANGE WHAT THE
POLICIES ARE. THEIR POLICIES ARE OFTENTIMES
BARBARIC SO THE MINUTE THEY HAVE THE OPPORTUNITY TO
IMPLEMENT IT THEY’RE GOING TO. THEN DON’T VOTE FOR REPUBLICANS
IF YOU ARE GOING TO SEND YOUR DAUGHTERS TO COLLEGE AND YOU ARE
WORRIED, OR YOUR SONS, AND YOU’RE WORRIED ABOUT WHAT MIGHT
HAPPEN. AND SO GET SURPRISED WHEN THEY
DO BECAUSE THIS IS WHAT THEY BELIEVE IN.

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