1. Title IX prohibits schools from discriminating on the basis of sex and applies to all forms of sex discrimination, including sexual harassment and assault.
2. Recent changes to Title IX guidelines have caused confusion for colleges and universities, particularly in relation to sexual harassment cases.
3. During President Obama’s administration, guidelines were published that required schools to investigate sexual assault cases and adopt a lower burden of proof.
4. These guidelines also allowed complainants in sexual harassment cases to appeal not-guilty findings and discouraged cross-examinations of parties involved.
5. Failure to comply with Title IX can result in legal consequences, as seen in the case of Brown University. 1. Colleges and universities must update their policies to reflect the new burden of proof for sexual harassment cases, which is now clear and convincing evidence.
2. Schools must follow a specific grievance process for investigations into sexual harassment allegations, which includes responding promptly to complaints and having a presumption of not-guilty for the accused.
3. Schools are required to ensure that all parties involved have access to pertinent information during the process, including knowing the standard of proof, potential disciplinary actions, and opportunities to appeal rulings. – Schools must conduct live hearings for post-secondary cases.
– The burden of proof, definition of sexual harassment, and requirements for live hearings and cross-examination may change in the future.
– Schools should review the May 2020 Final Guidelines to ensure compliance with Title IX.
https://www.rumberger.com/insights/title-ix-how-do-colleges-and-universities-comply/
Leave a Reply