The California state feels that the new laws against sexual discrimination in education are unfair. According to the state, which is backed by 17 other states, the new rules undermine sexual discrimination standards, reports MSN.
The new rules are supposed to help with the definition of sexual harassment in educational institutions. With that said, a Free Sexual Harassment Prevention Tutorial could also be beneficial in educational institutions all over America.
The New Rules
In May, new rules were announced and are due to take effect on 14 August. This is too soon, according to the states, because campuses are currently closed and there is no time for review or consultation.
Legal representation for the 17 states feels that these new laws will reverse many years of effort to put an end to the effects of sexual harassment on access to education.
The new rules are meant to make it harder for those who make accusations to prove what they’re claiming. Defendants will also find it easier to defend themselves. A really good los angeles, barstow, or modesto, California Sexual harassment lawyer will have to get involved in any serious cases to make sure justice prevails.
One of the new rules states that an accuser must prove that her alleged harassment is so offensive, pervasive and severe that it denies them access to the education program. This means that a person who is the victim of sexual harassment must endure repeated harassment that becomes worse over time. Only after that can they prove that it has negatively affected them and file a complaint.
In addition, the new rules do not include all harassment claims that took place outside school or college grounds. For example, a claim that a victim was sexually harassed in an off-campus apartment, might not be considered for a case.
Former students will also not be allowed to open a case, even if they left the educational institution because of sexual harassment.
Also, a person accused of sexual harassment will be able to get an adviser to question the accuser during a hearing. This type of cross-examination is supposed to make hearings fairer. However, it could intimidate and even traumatised victims.
The Rules From Obama’s Administration
The now-replaced laws were apparently too broad to be effective in dealing with sexual harassment. Betsy DeVos, Education Secretary, stated that these rules were unfair towards those accused of sexual harassment.
The laws required a preponderance of the evidence that showed claims were more likely to be true rather than false. But the new laws ask schools to have a more demanding standard with convincing and clear evidence.
The Lawsuit
The states want a federal judge to go ahead and block the new rules. Xavier Becerra, California Attorney General, feels the ‘backward rule’ mocks the #MeToo movement and makes schools much more unsafe. He added that President Donald Trump has clearly shown he does not respect gender equality or safety.
California DOFE Leads By Example
Perhaps the Department of Education should take a leaf from the California DOFE ‘s book and make a Free Sexual Harassment Prevention Tutorial mandatory.
This requires employees at companies to complete a free sexual harassment prevention tutorial course. As a result, people are more aware of inappropriate behaviour and how to respond to it. This approach will make the workplace a much safer environment and could have the same effect in schools, colleges and universities.
