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New Title IX Rules Erase Campus Due Process Protections
Key Excerpts from Article on Website of AOL News
Posted: May 5th, 2024
https://www.aol.com/news/title-ix-rules-erase-campus-1835185...
On Friday, the Biden administration unveiled final Title IX regulations, nearly two years after the administration proposed dramatic changes to how colleges handle sexual assault allegations. According to the final regulations, accused students will lose their right to a guaranteed live hearing with the opportunity to have a representative cross-examine their accuser. This is accompanied by a return to the "single-investigator model," which allows a single administrator to investigate and decide the outcome of a case. Further, under the new rules, most schools will be required to use the "preponderance of the evidence" standard, which directs administrators to find a student responsible if just 51 percent of the evidence points to their guilt. Schools are also no longer required to provide accused students with the full content of the evidence against them. Instead, universities are only bound to provide students with a description of the "relevant evidence," which may be provided "orally" rather than in writing. This is a stunning rollback of due process rights for accused students. Under the new regulations, a student can be found responsible for sexually assaulting a classmate because a single administrator believed there was a 51 percent chance he had committed the assault, and this conclusion can be reached without ever allowing the accused student to know the full evidence against him or providing a hearing during which he could defend himself.
Note: Sexual abuse is real and deeply important to address. Yet where is the due process in entrusting a single administrator working behind closed doors to decide the fate of accused individuals who aren't allowed to know the full evidence against them? Social justice activist adrienne maree brown has called attention to how abuse, harm, and conflict often get conflated, leading to damaging misinterpretations of behavior. Brown articulates: "We absolutely have a culture that affirms rape and abuse of power. But we also have a developing culture of moving to callouts and calling for cancellation very quickly." In a time where cancel culture has led to unprecedented in-house fighting and toxic public discourse, how do we honor context and healthy dialogue before accusing someone of sexual assault?
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