Following the Department of Education’s announcement Sept. 22 that it is rescinding Title IX guidance on sexual misconduct issued under President Barack Obama’s administration, colleges and universities were left scrambling for answers and lawyers started to consider how their practices may change.
Education Secretary Betsy DeVos issued a brief bit of guidance Sept. 22, releasing a seven-page Q&A document. In a major departure from the previous rules, the new guidance raises the standard of proof for school disciplinary proceedings in some instances, saying educational institutions may use a clear and convincing standard in sexual misconduct investigations, rather than the lower preponderance of evidence standard.
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