Every time our nation elects a new president, those living in the U.S. can expect policy changes with wide-reaching impacts. Each new administration imposes new rules that are intended to undo those put into place by their predecessor. This is the nature of American politics, and however well-meaning, the result often creates big consequences for ordinary citizens.

Title IX, a federal law prohibiting discrimination on the basis of sex in schools, is often impacted by new administrations. Recently, the U.S. Department of Education published its proposed rule changes to the law, and these changes are huge. While victims' rights are important to everyone, it seems the Biden administration may have rolled back the Trump-era rules too far. Now, the proposed rules threaten accused students' due process rights.

Proposed Title IX Rules Will Affect College Students

The new Education Secretary seeks to revise Title IX in a way that emphasizes victims' protections, according to an article published by reason.com. This is an unsurprising goal of the Biden administration, but it's important for those attending, or working in, universities throughout the country to pay attention.

As discussed in the article, the ways the new rules might affect students negatively include:

• The new rules will expand the definition of sexual harassment, lowering the bar for conduct that will trigger Title IX investigations and raising the number of students who will be wrongfully expelled from school.
• The new rules would prohibit the accused, or their attorney, from cross-examining their accusers during a formal hearing.
• The new rules would reinstate the “single investigator” model, meaning just one person would be in charge of the process, creating an increased risk for error that's biased against the accused.
• The new rules would reduce the accused's access to the evidence against them, limiting the accused's ability to effectively respond to the claims.
• The new rules would reimpose a mandatory reporting requirement for university employees, increasing the risk of baseless investigations.

Any one of these proposed rule changes would jeopardize an accused person's ability to defend themselves within their school's disciplinary processes. When combined, however, the rules arguably deprive students of due process.

How an Experienced Title IX Defense Attorney Can Help You

The rules and guidance surrounding Title IX will always be subject to change when our country elects a new president. If you or someone you love is facing Title IX accusations, it's imperative you speak with an experienced student disciplining defense attorney before undertaking your defense. Attorney-advisor Joseph D. Lento knows how important it is to stay up to date on the most recent legal changes and how those changes will impact your defense. To learn how the dedicated team at the Lento Law Firm can help you, call 888-535-3686 today, or contact us online.