Title IX Rule Details How K-12 Schools Must Address Sexual Harassment, Assault By Evie Blad on May 6, 2020 12:52 PM The Trump administration released a …
There is an epidemic of sexual assault in schools -- that’s not up for debate. Title IX changes released in May 2020 shift the direction of the treatment of Title IX sexual harassment claims. Colleges and universities that receive federal funding must be in compliance with new rules by Aug. 14. The regulations will be the first Title IX guidance published by OCR to go through a formal notice-and-comment process since 1997, and unlike guidance issued by the Obama administration in 2011 and 2014, they will have the force of law behind them. He called the process a “necessary evil.”Janet Napolitano, president of the University of California system, said in a “UC opposes these ill-conceived changes and, in spite of them, will continue our hard-won momentum through education, prevention and processes that are fair and compassionate to all parties,” Napolitano said. The Department has finalized its new Title IX regulations on sexual harassment and misconduct that take effect on Aug. 14, 2020.
Colleges and universities will be required to comply with the regulations by Aug. 14.Betsy DeVos, the secretary of education, said the new regulation will secure due process rights for students who report sexual misconduct and for those accused of it, by requiring colleges to provide live hearings and allowing students' advisers to cross-examine parties and witnesses involved. On May 6, 2020, the U.S. Department of Education issued its much-anticipated To assist your institution in understanding the changes required by the new regulations, we have prepared the HMBR’s Education Group includes several former Department officials who worked directly on Title IX issues in the Department’s Office of the General Counsel and Office for Civil Rights. Colleges and universities will be required to comply with the regulations by Aug. 14. “The timing of this is really difficult for higher ed: late in the budget cycle, during a crisis and when they don’t have money.”The department typically gives institutions at least eight months to implement new rules, more than twice the time they are currently being allowed, Mitchell said. “None of the new procedures are trauma-informed in any way.”The prospect of cross-examination may make it harder for students to report sexual misconduct, but it is necessary for testing the credibility of all parties involved, said Andrew Miltenberg, a New York-based attorney known for defending hundreds of students accused of sexual misconduct. "Let me be clear: this rule is not about ‘restoring balance,’ this is about silencing survivors," Murray said in a statement. Murray also criticized the timing of the department's announcement and said it instead should be "using every resource available" to help institutions manage the impact of the coronavirus pandemic. "This is irrational, unrealistic and completely at odds with the Trump administration’s oft-repeated statement to tread lightly when imposing complex new regulations," Mitchell said.Senator Lamar Alexander, the Tennessee Republican who leads the Senate's education committee, applauded the department's action.“This final rule respects and supports victims and preserves due process rights for both the victim and the accused,” Alexander said in a written statement.
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