Well, maybe a B+. More improvements are needed, but it’s a good start.

The Department of Education has withdrawn the 2011 Dear Colleague letter issued to colleges that outlined new standards for adjudicating sexual assault. Among the most troublesome of the rules promulgated was the lowering of the burden of proof standard from a “clear and convincing” standard to one only requiring a “preponderance of the evidence” standard. Preponderance of the evidence standard is frequently described as a standard requiring a level of proof that equated with 51% – more likely than not. By comparison the standard for a criminal conviction is beyond a reasonable doubt. The interim guidance is here, and the 2017 Dear Colleague letter is here.

Other problems with the 2011 letter were: accusers had the right to appeal decisions; parties were discouraged from cross-examining each other, for fear of creating a hostile environment; schools were forbidden from relying on law enforcement to investigate; and that due process concerns should not unnecessarily delay the proceedings.

The 2011 Dear Colleague letter, like most of the things Obama did, was put into place without public consideration and comment, and was a surprise to the schools who were required to comply. DeVos’ DOE has issued interim guidance, returning to a clear and convincing standard, and has implemented a public comment period in preparation for the DOE settling on new rules. In other words, the DOE is following the rules for implementing new rules, something Obama had little time for.

Campus activists are already enraged over this change, even though the changes are simply more in line with fairness, and they are not final. They have accused DeVos and her deputy, Candice Jackson of wanting “to protect those who ‘grab’ by the genitals and brag about it — and make college campuses a safer place for them.” That criticism is completely unfair. DeVos says: