You may have heard that the Federal Government has issued key provisions that schools should implement to take Title IX allegations seriously, both for a complainant and for a respondent. They were released in May 2020 and require colleges and universities to comply with them by August 14, 2020. Key provisions include:
Specific definitions for key allegations.
Requirements for clear reporting options.
Supportive measures including class/dorm reassignments and No Contact Orders of Protection eliminating contact between the accuser and the accused.
Responsibility for off-campus actions so long as the location is under the control of the university or college, or if the event is school-sanctioned.
Additional protections for access to allegations, cross-examination, and evidentiary challenges.
Right to choose between “preponderance” or “clear and convincing” evidentiary standards.
“Rape Shield” protections allowing complainants to protect any medical, psychological, or similarly privileged records.
Fair appeals for both complainant and respondent.
Technology flexibility.