Blog

On Retreat, Baylor University Administrators Learn Outdated Material About Title IX

Posted by Joseph D. Lento | Jul 26, 2019 | 0 Comments

Administrators at a large Texas, religious university talked about Title IX issues and LGBTQ rights in a retreat in Dallas. From news reports of the discussions, though, it seems like what they learned may already be out of date.

Baylor University Administrators Learn About Title IX

The school administrators, including several members of the school's Board of Regents, came from Baylor University, a school in Waco, Texas, of more than 15,000. At a two-day retreat in Dallas in mid-July, they met with experts in Title IX law and the college experience for people who identify in the LGBTQ range.

On the gender identity and orientation front, the administrators discussed the recent confrontation with students over the school's refusal to recognize a student group for LGBTQ students.

On the Title IX front, though, administrators were brought up to speed on the state of Title IX law and what it requires of schools and universities conducting sexual misconduct on campus. However, according to news reports of the retreat by the Waco Tribune-Herald, what the school administrators learned is already out of date.

More Confusion About Cross-Examination and Due Process

According to the news report, the administrators from Baylor University talked with a Title IX expert who mentioned how colleges had to investigate and hear complaints of sexual assaults and gender discrimination. Among the things that Baylor President Linda Livingstone said she learned during the retreat was that changes to federal Title IX laws “could involve” interactions between the accuser and the accused.

If those interactions include cross-examination, then what President Livingstone learned is already out-of-date. The opportunity to cross-examine the accusing student is already a requirement in Title IX allegations that hinge on the credibility of the accuser and the accused – as most Title IX cases do. That was what the Sixth Circuit ruled in the seminal Title IX case, Doe v. Baum: Students accused of sexual misconduct have a due process right to confront their accuser and cross-examine them.

Stretching the Idea of Cross-Examination

What seems clear from news about the Baylor administrators' retreat, though, is that schools are interested in stretching the limits of what constitutes a “cross-examination.”

According to President Livingstone, “There are other methods for that cross-examination that could be done via video conference or in written form.” Whether she's right is not clear – the federal appellate court in Doe v. Baum didn't mention non-traditional forms of cross-examination. It seems very unlikely that only allowing students accused of sexual misconduct to cross-examine written statements by their accuser would fail the test, though.

What is likely is that schools like Baylor try whatever they can to cater to the feelings of their students, even if it means not employing the best technique there is to get to the bottom of what happened.

Title IX Defense Lawyer and Advisor Joseph D. Lento

Joseph D. Lento is a national Title IX advisor and a defense lawyer who represents students, faculty, and college staff accused of sexual misconduct. Contact him online or call his law office at (888) 535-3686 for legal guidance in this uncertain legal landscape.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience passionately fighting for the futures of his clients. Mr. Lento represents students and others in disciplinary cases and other proceedings at universities and colleges locally and nationwide while concurrently fighting in criminal courtrooms in Philadelphia, the Pennsylvania counties, and New Jersey. Mr. Lento has helped countless students, professors, and others in academia at more than a thousand universities and colleges across the United States. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

Footer 2

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu