The latest round of sweeping proposed changes to Title IX could put universities in the crosshairs of litigation by college and university students accused of sexual misconduct, observers said.
“I am deeply concerned that in the guise of giving universities ‘flexibility,’ the Department of Education is authorizing the roll back or revocation of due process and fairness rights for both parties: full access to evidence, and the right to a live hearing and direct, real-time cross-examination,” Patricia Hamill, partner and co-chair of the Title IX and Campus Discipline practice at Conrad O’Brien, said of the proposed changes in an email to Law.com. “These are not the only, but are the most troubling, aspects of the proposed regulations to me.“
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