New Title IX guidance/proposed rules from DOE

The Department of Education has issued proposed new Title IX regulations.  Some notable aspects of the proposals include:

  • A presumption of innocence during the process, with the burden of proof on the educational institution.
  • Subject to certain conditions, a burden of proof of either a “preponderance of the evidence” or “clear and convincing evidence” standard
  • Cross examination would be permitted
  • A single-investigator model would be prohibited
  • Schools need only respond to complaints where the conduct occurred within its “education program or activity”
  • A definition of sexual harassment, in addition to quid pro quo harassment and sexual assault, 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 school’s education program or activity”
  • Any appellate rights must be available to all parties

For a “Background & Summary of the Education Department’s Proposed Title IX Regulation,”  click here.  The entirety of the proposed regulations can be found here.