Judge Allows DeVos’s Due Process Rules for Campus Sexual Assault Cases to Take Effect
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Education Secretary Betsy DeVos’s controversial campus sexual assault rule will take effect on Friday after a federal judge dismissed an attempt from several state attorneys general to block it.
A District of Columbia circuit court judge on Wednesday denied a preliminary injunction to delay implementation of the Title IX rule, the Trump administration’s attempt to enhance due process for sexual assault cases in K-12 schools and on college campuses. Attorneys general in 17 states and the District of Columbia sued over the rule, arguing that it would prevent schools from probing some sexual assault complaints and would have a chilling effect on students who want to report sexual abuse.
Judge Carl John Nichols ruled that the new rule may go into effect and said that while the attorneys general raised “serious arguments” regarding the rule, “they have not established a likelihood of success on their claims, nor have they established that they are likely to suffer substantial irreparable harm pending further litigation.”
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