The new proposed Title IX regulations by the Department of Education should be welcomed by any person concerned about the restoration of due process safeguards and fair treatment on college campuses.
The proposed regulations provide many substantive and meaningful changes, namely:
they provide a clear definition of sexual harassment that is consistent with U.S. Supreme Court precedent.
they require and restore due process protections, including:
a presumption of innocence,
a prohibition of the deeply flawed single-investigator model,
cross-examination of parties and witnesses and,
Title IX administrators free from bias or conflicts of interest.
they would hold a school liable when it is "deliberately indifferent" to known sexual harassment consistent with U.S. Supreme Court precedent
We commend Secretary DeVos for following the formal rulemaking process which utilizes public notice and comment in order to help form effective policy.
Every student should have the right to feel safe and secure when they attend a college or university. Every student should be free from sexual harassment or assault. Likewise, every student should have the right to attend their university knowing that if they are accused of a Title IX violation, that they are presumed innocent and shall be provided with due process protections.
With over 200+ lawsuits filed against universities by plaintiff students alleging denied due process, the proposed regulations will result in more reliable outcomes in Title IX cases guided by principals of fairness that rely on fundamental constitutional principals of due process.
NCFM Carolinas is excited to offer our public comments and will continue working diligently to advance regulations that are fair, transparent and accessible for all.