SAN FRANCISCO (CN) – A federal judge on Friday struck down a lawsuit challenging Education Secretary Betsy DeVos’ revised guidelines for handling on campus sexual assault, which opponents say weaken protections for victims.
U.S. Magistrate Judge Jacqueline Scott Corley found DeVos’ 2017 guidance carries no legal ramifications for schools and therefore cannot be challenged in court.
“Defendants provide evidence that the 2017 guidance is not final agency action because it does not produce legal consequences, and plaintiffs fail to rebut defendants’ evidence,” Corley wrote in her 25-page ruling.
In September 2017, DeVos rescinded two Obama-era sexual assault policies because they “lacked basic elements of due process and failed to ensure fundamental fairness.” At the time, DeVos said the prior guidelines failed to give male students accused of sexual assault the proper presumption of innocence, which violated their due process rights.
In January 2018, three victims’ rights groups led by SurvJustice sued in federal court on claims the DeVos policy disproportionately burdened females and was motivated by sexist stereotypes that women frequently lie about sexual assault and harassment.