美国国家公共电台 NPR Education Dept. Proposes Enhanced Protection For Students Accused Of Sexual Assault

 

STEVE INSKEEP, HOST:

The Trump¹ administration says it is changing the way that colleges should handle cases of sexual assault and harassment². Education Secretary Betsy DeVos is changing rules from President Obama's time. She says the old way was unfair to accused students and others. NPR's Tovia Smith has been following the story. Hi, Tovia.

TOVIA SMITH, BYLINE³: Good morning.

INSKEEP: What's the goal of this change?

SMITH: Well, what the secretary has said she wants to do is fix what she calls a failed system, one that's shamefully⁴ unfair, she says, to the accused. And this is of course similar to what we've heard from President Trump himself, especially after the Kavanaugh hearings, that guys are being unfairly presumed guilty. So now Secretary DeVos says these new regulations would be historic. They would address due process, in this context, for the first time. And indeed, her changes really do beef up protections for accused students.

INSKEEP: I guess we should explain what we're talking about here. This isn't a trial. It's not a criminal proceeding⁵, but colleges may have their own process for dealing⁶ with these kinds of allegations, right?

SMITH: That's right. And one of the changes that would go into effect if implemented⁷ would be that schools could raise the level of evidence that is needed to prove an allegation, making it effectively harder to find someone at fault. Instead of preponderance of evidence, as it was under Obama, it would be clear and convincing evidence. Another big change, cross-examination, which was discouraged under Obama, would be required. This would not be direct, like, student-to-student confrontation⁸. Questions would have to go through a third party. But still, some applaud this as due process. Others say that cross-examining even this way would be re-traumatizing and would discourage other people from filing complaints.

INSKEEP: That phraseology is important of course because if it were a criminal trial, you would want proof beyond a reasonable doubt. Preponderance of evidence was seen as something well-short of that. I guess clear and convincing evidence is getting closer to wanting to be beyond a reasonable doubt before you would punish somebody. Is that right?

SMITH: A middle ground. But yes, higher standard.

INSKEEP: OK. So the regulations also touch on what schools have to investigate. How does that change?

SMITH: Well, first off, it narrows the definition of sexual harassment. Instead of any unwelcome conduct, it has to be, quote, "so severe and pervasive⁹ and objectively offensive that it gets in the way of a person getting access to education." Also, colleges would only have to investigate accusations¹⁰ that are reported directly to some designated administrators¹¹. If not, the school would be off the hook, so to speak. And lastly, the regulations make clear that if a victim doesn't want an investigation¹², in most cases, the school doesn't have to launch one.

INSKEEP: How are people responding to these rules changes?

SMITH: Well, on the one hand, those who've been pushing for more due process see it as a big step forward. As one defense¹³ attorney told me, he hopes it'll restore sanity¹⁴ to the process. On the other hand, victims advocates are furious. One called the new plan disgraceful. She said it would enable schools to go back to sweeping¹⁵ misconduct under the rug and letting offenders¹⁶ get away with it.

INSKEEP: Do universities have to do what the administration just said?

SMITH: They absolutely do. These new regulations, if enacted¹⁷, would have the force of law. But important to note, they don't go into effect until they go through a public comment period, which could be a long process and could result in more changes.

INSKEEP: Tovia, thanks for the update - really appreciate it.

SMITH: Thanks, Steve.

INSKEEP: That's NPR's Tovia Smith on new regulations announced by the Trump administration on the way colleges should handle cases of sexual assault and harassment.

(SOUNDBITE OF MUSIC)

1 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

2 harassment   

n.骚扰，扰乱，烦恼，烦乱

参考例句：

• She often got telephone harassment at night these days.这些天她经常在夜晚受到电话骚扰。
• The company prohibits any form of harassment.公司禁止任何形式的骚扰行为。

3 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

4 shamefully   

可耻地； 丢脸地； 不体面地； 羞耻地

参考例句：

• He misused his dog shamefully. 他可耻地虐待自己的狗。
• They have served me shamefully for a long time. 长期以来，他们待我很坏。

5 proceeding   

n.行动，进行，(pl.)会议录，学报

参考例句：

• This train is now proceeding from Paris to London.这次列车从巴黎开往伦敦。
• The work is proceeding briskly.工作很有生气地进展着。

6 dealing   

n.经商方法，待人态度

参考例句：

• This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。
• His fair dealing earned our confidence.他的诚实的行为获得我们的信任。

7 implemented   

v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效

参考例句：

• This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。 来自《现代汉英综合大词典》
• The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。 来自辞典例句

8 confrontation   

n.对抗，对峙，冲突

参考例句：

• We can't risk another confrontation with the union.我们不能冒再次同工会对抗的危险。
• After years of confrontation,they finally have achieved a modus vivendi.在对抗很长时间后，他们最后达成安宁生存的非正式协议。

9 pervasive   

adj.普遍的；遍布的，(到处)弥漫的；渗透性的

参考例句：

• It is the most pervasive compound on earth.它是地球上最普遍的化合物。
• The adverse health effects of car exhaust are pervasive and difficult to measure.汽车尾气对人类健康所构成的有害影响是普遍的，并且难以估算。

10 accusations   

n.指责( accusation的名词复数 )；指控；控告；（被告发、控告的）罪名

参考例句：

• There were accusations of plagiarism. 曾有过关于剽窃的指控。
• He remained unruffled by their accusations. 对于他们的指控他处之泰然。

11 administrators   

n.管理者( administrator的名词复数 )；有管理（或行政）才能的人；（由遗嘱检验法庭指定的）遗产管理人；奉派暂管主教教区的牧师

参考例句：

• He had administrators under him but took the crucial decisions himself. 他手下有管理人员，但重要的决策仍由他自己来做。 来自辞典例句
• Administrators have their own methods of social intercourse. 办行政的人有他们的社交方式。 来自汉英文学 - 围城

12 investigation   

n.调查，调查研究

参考例句：

• In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
• He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

13 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

14 sanity   

n.心智健全，神智正常，判断正确

参考例句：

• I doubt the sanity of such a plan.我怀疑这个计划是否明智。
• She managed to keep her sanity throughout the ordeal.在那场磨难中她始终保持神志正常。

15 sweeping   

adj.范围广大的，一扫无遗的

参考例句：

• The citizens voted for sweeping reforms.公民投票支持全面的改革。
• Can you hear the wind sweeping through the branches?你能听到风掠过树枝的声音吗？

16 offenders   

n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物）

参考例句：

• Long prison sentences can be a very effective deterrent for offenders. 判处长期徒刑可对违法者起到强有力的威慑作用。
• Purposeful work is an important part of the regime for young offenders. 使从事有意义的劳动是管理少年犯的重要方法。

17 enacted   

制定（法律），通过（法案）( enact的过去式和过去分词 )

参考例句：

• legislation enacted by parliament 由议会通过的法律
• Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹