There have long been complaints about the Title IX process. Despite anyone’s best intentions, it has caused confusion and left accused students without many options to defend themselves. Now Betsy DeVos, the United States Education Secretary, has introduced new rules designed to standardize the process and ensure that students have appropriate protections.

The Intent is to Standardize the Process

When a student accuses someone of sexual assault on a college campus, and brings their complaint to campus administration, there is a process that begins at all schools. Unfortunately, the investigation process and adjudication process can be very different from one school to another. The new rules aim to ensure that all schools follow the same guidelines to ensure equitable and fair treatment of everyone – including both the accused party and the accuser.

The Specifics of the New Rules

In total, the list of changes to Title IX is more than 2,000 pages long. It includes definitions of terms, procedural changes, and specifics on how new procedures will be implemented – including train and record-keeping requirements.

For example, all universities will be required to hold live hearings. In the past, “single investigator” practices meant that the accused did not have the right to show up to all hearings or even question the person accusing them. These new procedures will make the burden of proof, and the process, closer to what you would expect of a criminal trial.

Accused parties, which will be called respondents once the rules take place, will be entitled to notice of the specifics of the allegations, information about the evidence against them, and the right to have a third-party (generally their criminal defense attorney) cross-examine the accuser. Additional changes include:

• Schools will be required to offer equal right of appeal for both the respondent and the accuser
• Protections will be offered to survivors to ensure they do not have to testify about any medical or psychological issues in the past
• Accusers will not be required to stand face to face with the accused at an in-person hearing.

As you can see, these rules are not changing to benefit one side or the other. The goal of the process is to ensure that all students get the same treatment when they report or are accused of sexual assault.

Contact an Experienced Personal Injury Attorney Today

If you are facing any type of Title IX procedural issue, then it is time for you to contact Law Office of Michael L. Fell at (949) 585-9055 right away. We can begin with a free legal consultation. This is not a situation you want to take on yourself. Turn to the professionals who are experienced in these hearings and other college crimes.