In 1972, the United States government enacted Title IX. This civil rights law was meant to prevent federally funded colleges and other educational institutes from discriminating on the basis of gender. This includes both K-12 schools and universities, as they wish to ensure all individuals were protected. However, many men and women believe these rights now might be in jeopardy, as the Biden administration looks to overturn regulations enacted during the Trump administration.

Current Events

As an Austin Criminal Defense Lawyer explains, a person might find their rights are jeopardized if changes are made to the current regulations. Why would a person need to be concerned about this? What changes are being proposed to Title IX?

Betsy DeVos served as the Secretary of Education under President Trump and put in place regulations regarding sexual assault allegations on college and university campuses. President Biden has requested a review of these regulations, according to the Washington Post. Under Ms. DeVos, schools must adhere to due process when addressing one of the allegations, including individuals accused of assault or harassment. In addition, these regulations limit the cases that the college or university would be required to handle.

The schools, under Ms. Devos’s guidance, were permitted to enact a higher standard of evidence in assault and harassment. She authorized the use of a process that mimics the one used by courts to ensure the rights of the accused remained protected. For instance, the accused now can demand a live hearing and cross-examine any accuser, using a third party to do so.

Furthermore, schools were no longer required to handle many incidents that happened away from the campus. The Department of Education modified the sexual harassment definition to limit the number of cases the school would need to address. Only the most severe incidents would lead to school involvement.

Dissenting Opinions

President Biden, while campaigning, states he believes the regulations put into place by Secretary DeVos were designed to shame and silence victims who survived a sexual assault or harassment. He went on to say colleges and universities now have permission to ignore sexual violence while taking the rights of survivors away. He’s not alone in his criticism.

Many other people criticized the changes in regulations. They state the new policies deter men and women from making a report when they are sexually assaulted or harassed. Nevertheless, quite a few men and women applaud the changes and wish to see them remain in place.

Support for the Changes Made by Betsy DeVos

Certain individuals express concern about additional changes to Title IX. They worry schools will go back to the way things were and automatically assume the accused is guilty. They do have reason to be worried about this, as seen by the Duke University lacrosse team case and the case of gang rape at the University of Virginia. In both cases, a woman accused multiple men of sexual assault. Those who were accused were later found to be innocent of all charges. However, the damage was already done to their reputations, as their names were all over the media when the accusations were made. Much less attention was given to the fact they were later found innocent.

Furthermore, those opposed to a rollback of the Devos regulations worry students accused of sexual assault or harassment won’t receive proper due process. They refer to the quasi-judicial proceedings used by the schools and refer to them as pseudo courts, National Public Radio reports. If the Biden administration rolls back the changes made to Title IX regulations, any person accused of harassment or sexual assault will not be permitted a live hearing or be able to cross-examine the accuser.

When to Expect Changes

If the Biden administration does decide to roll back the actions taken by Secretary DeVos, this won’t happen overnight. Before any action will be taken, the regulations are undergoing a 100-day review period to determine which measures need to be adopted and which removed. If they do decide steps need to be taken, a lengthy public comment period might be needed. Furthermore, federal courts have already ruled accused students have due process rights. As a result, it will probably be two or three years before people will see any actual changes in the regulations.

Title IX Laws in Texas

Texas opted to enact additional laws in 2019 with regard to Title IX. Any college official in the state must report sexual misconduct that takes place on campus. A failure to do so could lead to criminal penalties. The employee might be charged with a misdemeanor and lose their job if they don’t report this misconduct to the Title IX coordinator at the school. Furthermore, any school that doesn’t report sexual misconduct faces a fine of up to $2 million. This fine is imposed by the Texas higher education coordinating board.

This has led to some officials on campus reporting every incident, regardless of how major or minor it is. They do so to protect themselves. Sadly, this has led to unintended consequences. Students who are accused of sexual assault or harassment receive more publicity, and this holds regardless of the legitimacy or severity of the claim. As a result, a person might become known as a sexual predator even when they have done nothing wrong.

The Importance of Due Process

The criminal justice system in America is built on the concepts of due process and a presumption of innocence. Some individuals find they have been accused of one of these crimes when they have done nothing wrong. As a result, they need to have their day in court. A Title IX investigation could change their lives in ways they simply cannot imagine.

Being expelled as a result of an accusation could lead to the person not obtaining their degree. Even those people who are later determined to be innocent often struggle to overcome reputational damage. For this reason, people can never dismiss a Title IX investigation. A person facing an accusation must see an attorney immediately.

Colleges and universities look out for their interests rather than those of the students. Any person accused of sexual assault or harassment at an educational institute must take the charges seriously and retain legal counsel. It’s always better to be safe than sorry in this situation and protect your reputation above all else. Once that is damaged, it is hard to recover.