By: Camille Respess
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Title IX and Sexual Misconduct on U.S. Campuses
Title IX has gone through many changes this year, including rescinding past guidance on how schools should handle sexual assault cases.
The Department of Education announced this decision on September 22, 2017. They have yet to put a permanent replacement for the rescinded guidelines in place. But, in the meantime, the DOE has created an interim guideline.
One of the most notable changes of the interim guidance is that educational facilities will place a greater focus on proof and evidence in cases of sexual violence. Past guidance provided a preponderance of evidence model. This new one outlines a “clear and convincing standard” of proof for these cases.
Currently, college campuses have the ability to determine where and when they will implement these interim guidelines.
The Department of Education created a question and answer informational document about what the interim regulations mean.
Title IX became effective in 1972. The landmark education amendment states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
On September 1, 2017, The Department of Education wrote that, “Under Title IX of the Education Amendments of 1972 and its implementing regulations, an institution that receives federal funds must ensure that no student suffers a deprivation of her or his access to educational opportunities on the basis of sex. The Department of Education intends to engage in rulemaking on the topic of schools’ Title IX responsibilities concerning complaints of sexual misconduct, including peer-on-peer sexual harassment and sexual violence.”