Over 50 years after the installment of Title IX and its sexual harassment, assault, and discrimination protections, the federal law is undergoing revision. However, this is nothing new—definitions of what describes an offense change with the prevailing political winds. Despite its most recent evolution, students may come away with just a veneer of due process.

Title IX's Political Ebb and Flow

The most notable changes to Title IX were enacted under the Obama Administration, directing publicly-funded schools to comply with federal law when managing sexual harassment claims, not just using them as guidelines. However, policies led to numerous lawsuits alleging procedural bias against respondents and lackluster due process. During the Trump Administration, the Department of Education (DOE) adopted a narrower definition of sexual harassment and expanded requirements for the investigative, hearing, and sanctioning processes, including the following:

• Allowing additional claims investigators
• Cross-examination
• Formal procedures
• Limiting off-campus jurisdiction
• Live hearings

Recently, the Biden Administration sought to revoke many of the above-mentioned protections. Unfortunately, it also means the end of additional procedural safeguards for complainants and respondents.

Future Title IX Regulations Set to Rollback Procedural Protections

Long-awaited modifications to Title IX are now set to be enacted in October 2023 following immense pushback on rule changes. While policies now include language to manage harassment regarding gender non-conforming students, the new playbook for colleges and universities lacks past guarantees afforded to complainants and respondents.

Under direction from the Biden Administration, the DOE will return to issuing the following methods for university-led Title IX adjudication:

• Banning cross-examination
• Eliminating live, in-person hearings
• Expanding the use of informal resolutions
• Giving schools international jurisdiction
• Return to the single-investigator model

Attorneys general throughout the nation have voiced their apprehensions about the new proposals. Many cite risks to either party in the disciplinary process. Nevertheless, the one guarantee is widespread litigation.

Prepare for Mass Litigation Now

With the changes to federal Title IX law coming faster than students or faculty and staff members can adequately absorb, it's essential to know how to proceed before allegations arise. The implications to free speech and civil liberties mean navigating Title IX is tougher than ever before. Fortunately, complainants and respondents can gain professional assistance regardless of how their school defines the grievance process.

The Lento Law Firm is at hand to assist students and school professionals in Title IX and other Education Law matters. Every person—complainant or respondent—has the fundamental right to a fair hearing. Entering an era that will be fraught with rampant procedural flaws amid pressure from the federal government to crack down on sexual misconduct, a student's future is the most notable potential casualty.

New Title IX changes will undermine a respondent's right not to be punished until granted due process. For complainants, it can mean that many will take matters into their own hands for redress, opening the door to further misconduct allegations. Instead, contact the Lento Law Firm online or call 888-535-3686 to get assistance. Ensure you're protected by a trustworthy team that has your academic future at heart.