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Judge Says DeVos’ Sex Assault Rule May Bar Too Much Proof

Law360

12 Nov 2020

David Newman was featured in Law360’s coverage of the lawsuit against the U.S. Department of Education and its secretary, Betsy DeVos, where a Massachusetts federal judge suggested that the department’s new rules that limit schools’ responsibilities to investigate sexual harassment claims under Title IX may go too far in limiting what evidence can be presented in a hearing.

Arguing for the groups bringing the suit, David said it is unfair that students who leave a school due to assault or harassment are unable to have their claims heard. It creates a scenario in which, he said, “a perpetrator of sexual assault can effectively remove those complaints simply by successfully making them traumatized to the point that they wouldn’t return.”

In addition to David, the victims’ rights groups are also represented by Morrison & Foerster’s Natalie Fleming Nolen, Vanshika Vij, Caitlin Crujido, and Robin Smith.

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