The Department of Education on Friday released proposed changes to Title IX guidelines that would provide more protections for students accused of sexual assault.

Under the new guidelines, accused students are entitled to lawyers and may cross-examine their accusers. Schools would be required to hold live hearings, and the definition of sexual harassment would be limited to only include “unwelcome conduct” that denies a person equal access to an educational program or activity.

All K-12 schools, colleges and universities that receive federal funding are subject to Title IX, part of federal education law that prevents discrimination based on sex. In 2017, Secretary of Education Betsy DeVos rolled back rules the Obama administration had put in place, including a requirement that schools use the lowest standard of proof — “preponderance of the evidence” — to determine an accused student’s responsibility in a sexual assault.

The proposal is currently open for public comment for 60 days and will carry the force of law once it is finalized, unlike the less formal guidelines during the Obama-era, according to the Washington Post.  

DeVos vowed in September 2017 that she would fix Title IX, which she called a “failed system,” to balance the rights of accusers and the accused. She has often cited cases of male students who she said weren’t treated fairly during or after sexual assault hearings.  

Syracuse University Chancellor Kent Syverud said in October 2017 that the university will “meet or exceed” the sexual assault guidelines withdrawn by the DOE’s Office for Civil Rights.  

New York’s “Enough is Enough” law, which requires schools in the state implement sexual assault policies that meet the withdrawn Title IX guidelines, will remain in place despite the OCR’s decision.

Published on November 16, 2018 at 2:10 pm

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