Lawyers are in two minds about potential implications of U.S. Secretary of Education Betsy DeVos’ move to draft changes to Obama-era policies for schools handling sexual misconduct allegations under the Title IX federal law.
Editor’s note: These stories are available through Law.com affiliate, The National Law Journal.
‘Kangaroo Court’: Lawyers Weigh in on Betsy DeVos’ Proposed Title IX Policies for Handling Sexual Misconduct on Campus While most attorneys favor concrete rules over the general guidance provided by the Obama administration, key issues such as jurisdiction, standard of evidence and equal protection divide them. Some say the rules will silence and intimidate victims, while others believe the proposal would provide due process for accused students facing potentially life-altering penalties.
Are Schools Increasingly Acting as a Minor Judiciary, Holding Quasi-Trials? According to several school administrators, schools are increasingly needing to act as extrajudicial branches, tasked with holding quasi-trials that afford all constitutional due process protections, and are becoming increasingly scrutinized by the federal courts.
Here’s What You Need to Know About the Changing Title IX Guidelines New rules under federal law are set to follow, after the repeal of Obama-era guidelines for dealing with sexual assault at schools.
Proposed Title IX Rules May Bring Clarity to GCs, Help to Defendants Rules in the works at the U.S. Department of Education might help clarify some of the issues university GCs face around sexual assault and harassment cases. But they’re unlikely to be a cure-all.