The Department of Education recently released new Title IX rules that significantly change the way schools across the country handle sexual harassment and assault allegations. Title IX is a federal civil rights law that prohibits sex discrimination in education programs and activities receiving federal funding.
These new rules come after years of debate and controversy surrounding how colleges and universities investigate and adjudicate cases of sexual misconduct on their campuses. The changes aim to provide a fair and transparent process for both survivors and accused individuals, while also strengthening due process rights for all parties involved.
One of the key changes in the new rules is the definition of sexual harassment. Under the new guidelines, sexual harassment is defined as “unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.” This definition is more narrow than the previous guidelines, which defined sexual harassment as “unwelcome conduct of a sexual nature.”
The rules also require schools to hold live hearings with cross-examination conducted by an advisor or attorney, rather than relying solely on written statements and investigations. Additionally, schools must apply a “clear and convincing evidence” standard when determining whether a violation occurred, a higher standard than the “preponderance of the evidence” standard that was previously used.
Another significant change is that schools are now required to dismiss complaints that fall outside of their jurisdiction, such as incidents that occur off-campus or during study abroad programs. This change is intended to clarify schools’ responsibilities and ensure that they are not overreaching in their investigative processes.
Critics of the new rules argue that they could deter survivors from coming forward and seeking justice, as the heightened standards of proof and live hearings may create a hostile environment for survivors. However, supporters of the changes believe that they will lead to a fairer and more equitable process for all parties involved.
It is important for students, faculty, and staff at colleges and universities to familiarize themselves with the new Title IX rules and understand how they may impact the campus community. Schools are required to implement these changes by August 14, 2020, so it is essential to stay informed and be prepared for any potential impacts on campus policies and procedures.
Overall, the new Title IX rules represent a significant shift in how sexual harassment and assault allegations are handled on college campuses. By understanding the changes and their implications, we can work towards creating a safer and more equitable educational environment for everyone.
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