Miltenberg: “Campuses Cautious As They Adjust To New Sexual Assault Guidelines,” NPR


Attorney Andrew Miltenberg of Nesenoff & Miltenberg LLP, who represents dozens of accused students, says the “pushback” from universities is unfortunate. “It’s a stubborn ‘we’re still going to do it our way,’ ” he says. While the interim guidance is technically just a recommendation, not a binding rule, Miltenberg says schools that stick to old policies do so at their own peril. He says DeVos’ recent comments, and her decision to rescind the old guidance, will be a big boost to accused students’ lawsuits. “It’s a significant acknowledgement that there is a problem in that process,” says Miltenberg. “It’s a great thing to say to a judge that ‘before last week, you didn’t have to believe that there might be inherent bias throughout the process, but now those arguments carry much more weight. The secretary of the Department of Education publicly announced those very things.’ ” Miltenberg rejects the notion that the new guidance causes chaos or confusion, or even what he calls the “false hysteria” that the new guidance represents a setback for rape victims. “This constant refrain is an attempt to create a … big lie,” he says. “It’s like if you say it loud enough and often enough, people will believe it.” Ultimately, Miltenberg says, real change will require not only new policies but also a shift in who is administering them on campuses.

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