The WSJ post “Higher Education Bill Requires Notice on Free Speech Policies” included comments from Scott Schneider, a partner who leads the Higher Education Practice. 

The posting noted that two hot button subjects addressed in the House GOP Higher Education Act proposal are campus sexual assault and free speech. Regarding campus sexual assault, the act calls for more due process for both the accuser and accused. It follows Education Secretary Betsy DeVos’s September announcement that she will roll back the Obama administration’s guidance on how higher education should handle sexual assault cases. She introduced interim recommendations stressing equal rights for the accused and giving schools a choice for what standard of evidence to use in evaluating wrongdoing. 

The reauthorization bill also amends the Clery Act, which governs how schools report crime on campuses. 

Scott said Clery “probably needs a rethink,” as requirements on schools giving timely notice about crimes are valuable, but few people ever read the comprehensive annual reports tallying total crimes at schools. He added that schools with sloppy reporting standards seem to face little penalty, and those who keep fastidious count of robberies and rapes then look particularly unsafe. 

The full article can be seen on the WSJ blog. (Subscription required.)

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