In September 2017, newly appointed Secretary of Education Betsy DeVos rescinded Obama-era Title IX mandates which had been highly criticized as failing to provide due process to the accused students.
Currently, any college student who is accused of a Title IX sexual misconduct violation (anything from sexual harassment to stalking to date rape) will have some more protections in the campus disciplinary process. For example, colleges may employ a “clear and convincing” evidentiary standard where an accused students must be found guilty by a higher burden. There no longer is a fast track requirement to finish these cases in 60 days, permitting more time for investigation of the allegations and preparation of the defense for the accused student. And the Universities are not required to allow the alleged victim the right to appeal the decision if it is favorable to the accused student. You can read all the current Title IX laws here in the new Department of Education’s new guidance document.
All allegations of a Title IX nature are still serious and if you are a student who faces one of these violations you should contact an attorney familiar with the laws and your college’s code.
