Democratic senators say they will question Betsy DeVos about whether she might be less vigilant than her predecessors about cracking down on campus sexual assault. | AP Photo DeVos' donations spark questions about her stance on campus sexual assault

Republican megadonor Betsy DeVos has given thousands of dollars to an advocacy group that is seeking to overturn an Obama administration policy that made it easier to discipline college students accused of sexual harassment or assault.

The donations, totaling $10,000, by Donald Trump’s Education secretary pick have prompted criticism from Democrats and women's groups in the run-up to her confirmation hearing next week.


DeVos has not spoken publicly about the Education Department’s aggressive approach to campus sexual assault, but women’s groups and Democrats say her donations to the Foundation for Individual Rights in Education send a troubling signal. FIRE has sued the administration to raise the standard of proof for victims of sexual assault in university administrative hearings contending it is unfair to the accused.

The donations are “a red flag,” said Lisa Maatz, the top policy adviser at the American Association of University Women, which advocates for strict enforcement of Title IX, the federal law that governs sex discrimination, harassment and sexual assault on college campuses. “In the absence of an actual record … I think these kinds of donations take on even greater importance, because we have to rely on her contributions to inform us on particular issues.”

Democratic senators say they will question DeVos about whether she might be less vigilant than her predecessors about cracking down on campus sexual assault.

“Ms. DeVos must fully explain whether she supports the radical view that it should be more difficult for campus sexual assault victims to receive justice,” said Sen. Bob Casey, (D-Pa.), a member of the HELP Committee.

DeVos and her husband have made at least two donations to FIRE, each for $5,000, in 2012 and 2013, according to financial records. Defending the rights of those accused of campus sexual assault or harassment is one of the group’s top priorities, although it advocates more generally for the individual rights of students and professors. The donations are modest compared to the DeVos’ vast political and charitable giving.

“Betsy has given to scores of organizations over the years, most of which are multi-dimensional rather than single-issue,” said Ed Patru, a spokesman for a group supporting DeVos’ nomination.

“It's a mistake to cherry pick a single issue, from one multi-issue organization, and extrapolate from that a conclusion as to how she may come down on a hypothetical public policy question,” Patru said. “No one will take the issue of sexual assault as seriously as Betsy DeVos, and anyone who suggests otherwise doesn't know what they're talking about.”

Patru did not respond to questions about DeVos stance on the burden of proof in sexual assault cases in administrative proceedings.

While criminal prosecutions of sexual assault hinge on the “beyond a reasonable doubt” standard, most civil cases use a lesser standard called “the preponderance of evidence — essentially “more likely than not.”

Beginning in 2011, the Education Department published guidance prodding colleges and universities to use that lower standard for disciplinary hearings — a practice already in wide use. Defenders of the lower standard for academic proceedings say it has helped crack down on the epidemic of campus sexual assault. Multiple studies have shown that 5 percent of college women are victims of rape or attempted rape every year.

Critics, however, including many Republican lawmakers, say the Obama administration has made it too easy for false rape accusations to lead to expulsion.

FIRE contends that the Education Department’s Office of Civil Rights “has taken a ‘shoot first, ask questions later’ approach, and it has managed to empty more than a few magazines before being challenged about whether it is even allowed to do so,” according to the group’s lawsuit filed last year.

The group is suing on behalf of a former University of Virginia student who was found by university administrators to have committed assault under the preponderance of evidence standard. According to the lawsuit, the adjudicator in the case said she was required by the administration’s guidance to apply the “weakest standard of proof,” which “tipped very slightly” against the accused.

On its website, FIRE says its mission is “to defend and sustain individual rights at America's colleges and universities. These rights include freedom of speech, legal equality, due process, religious liberty, and sanctity of conscience — the essential qualities of individual liberty and dignity.”

Regarding the money it received from DeVos, FIRE said in a statement that "protecting civil liberties on campus is not, and must not become, a partisan issue."

"The basic protections for which FIRE argues — the right to the active participation of counsel; the right to see the evidence in one’s case and to meaningfully question witnesses; and the right to an impartial tribunal, among others — benefit all parties and do not impede the pursuit of justice," the group said. "Outside of the campus context, nobody would argue that reducing due process protections, including the burden of proof, is necessary to secure a just outcome."

Trump's transition team did not respond to a request for comment.

If DeVos is confirmed and decides to take a fresh look at the legal standard for academic discipline, Republicans in Congress are likely to support her. GOP lawmakers have blasted the Education Department over the evidence standard.

The Office of Civil Rights “silence on important due process considerations, coupled with the requirement of a lower standard of proof, indisputably tips the playing field against the accused, making the disciplinary process anything but ‘equitable,’” Sen. James Lankford, (R-Ok.), wrote to Education Secretary John B. King Jr. last year.

Lankford has met with DeVos in recent days to discuss the standard, among other issues, a Lankford aide said.

Rep. Virginia Foxx, who heads the House education committee, is also highly critical of the Education Department’s civil rights office, saying it “deserves some scrutiny, let me just put it that way,” Foxx said.

Democrats and women’s advocates, however, are ready to pick a fight, both at Wednesday’s confirmation hearing and beyond.

Groups representing sexual assault survivors launched a campaign Monday to use the Twitter hashtag, #DearBetsy, to testify about the importance of strong federal enforcement of Title IX.

The campaign is centered on video narrativesfrom sexual assault survivors and allies telling Betsy DeVos what Title IX has meant to them.

“After I was sexually assaulted on campus, I was only able to stay due to Title IX accommodations,” said one student whose name was not given.

And Casey and Sen. Patty Murray (D-Wash.) wrote a letter to Trump last week, urging him to keep the “preponderance of evidence” standard. The senators cited the standard’s use in civil rights cases generally, and argue that it remains “the correct and appropriate standard to use.”

They contend the Obama administration’s guidance to colleges and universities in 2011 “clarified longstanding policy at the Office of Civil Rights, dating back to at least 1995 and explicitly supported by the George W. Bush administration.”

Data available at the time indicated that approximately 80 percent of colleges and universities already used the preponderance of the evidence standard, they said.

“It is critically important that these policies remain in effect in order to protect students from sexual violence and promote healthy learning communities,” they wrote. “We respectfully urge you to strongly support these efforts to end campus sexual assault.”

