NCFMC's guide on submitting public comments for the new proposed Title IX regulations by the Department of Education. NOTE: Opened for one more day - 2/15/19

Can falsely accused students count on you to stand up for them and support due process rights as proposed in the new regulations for all college students? The Department of Education has opened the public comment period on their proposed regulations on Title IX. The full text of the rule can be found here and our summary here

 

The proposed regulations promote the purpose of Title IX by requiring schools (aka recipients) to address sexual harassment, assisting and protecting victims of sexual harassment and ensuring that due process protections are in place for individuals accused of sexual harassment.

Now, during a 60-day “notice and comment” period*, students, families and the public at large can have an influential role in the formulation of regulatory policy by informing the Department of Education what they think about the proposed regulations.  

 

Comments must be received by the Department of Education on or before January 30, 2019.

Although the proposed rules are not perfect, there is much to support. A brief overview of the beneficial changes are posted below:

  • The definition of sexual harassment is narrowed and aligned with Supreme Court precedent

  • Cross-examination and live hearings are required

  • Single investigator model prohibited

  • Presumption of innocence required

  • Inclusion of exculpatory evidence in an investigation and hearing

  • Proper notice to be provided to all parties

  • Fair and equitable grievance procedures

  • Only complaints that are reported to a formal authority (Title IX coordinator) need to be investigated

 

Improvement areas include: 

 

  • Appeals allowed for both parties (double-jeopardy issue)

  • Schools can choose determination standard between preponderance of the evidence or clear-and-convincing

  • Emergency removals (interim suspensions) are allowed

Your comments truly matter so please don’t delay in letting the Department know where you stand on the proposed regulations.

GETTING STARTED:

  1. Acquaint yourself with the new regulations here.

  2. Review the tips for submitting effective comments guide here.

  3. Unfortunately, a blanket statement or slogan like "it's time to put an end to kangaroo courts" will have little or no impact on the ruling. As tempting as it may be, please do not copy and paste from the NCFMC summary document. Use your own words and point out the page and paragraph citation when commenting which can be located from the federal register document at www.regulations.gov. A few other suggestions:

  • If you disagree with an item in the ruling, offer an alternative (including omitting a proposed detail) with an explanation of how your suggestion might be more effective.

  • Raise as many relevant issues as you can for or against a particular item in the proposed ruling and cite the specific good or harm that you feel the proposed rule will have.

  • If you’re a lawyer or law student, when possible cite case law to solidify or attack items in the proposal to show how the courts have viewed a specific area of the rule.

 

SUBMITTING COMMENTS:

SUBMIT YOUR COMMENTS HERE. We strongly encourage you to submit any comments or attachments in Microsoft Word format. If you must submit a comment in Adobe Portable Document Format (PDF), we strongly encourage you to convert the PDF to "print-to-PDF" format, or to use some other commonly-used searchable text format. Please do not submit the PDF in a scanned format. Using a print-to-PDF format allows the U.S. Department of Education (the Department) to electronically search and copy certain portions of your submissions.

EXAMPLE:

Click HERE to read the comment submitted by the National Coalition For Men Carolinas (NCFMC).

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Contact us: 

National Coalition For Men Carolinas

P.O. Box 274

Sherrills Ford, NC 28673-7311

 

TEL: (828) 478-2281

ncfmcarolinas@yahoo.com  

 

Disclaimer: This website compiles information for distribution as a public service. The information distributed does not necessarily reflect the views of the National Coalition For Men Carolinas (NCFMC).The information contained on this website is strictly for informational purposes only and is not intended to represent legal advice.