New Regulations Limit Title IX Cases
New Federal Title IX Rules went into effect in August 2020 that offer the accused new protections and narrow the scope and definition of Title IX violations. A significant number of Sexual Misconduct cases no longer fall under Title IX regulations. Applicable cases are limited to on-campus and school-controlled venues only. Off-campus housing not controlled by the university, such as a rented house or apartment, is not included. Title IX also sets a higher bar for incidents to be investigated as Title IX violations. The new ruling excludes “sexual exploitation” and “improper conduct related to sex” from its policies. Also, Title IX sexual misconduct now must be “severe and pervasive,” not “severe or pervasive” as previously required.
The New Title IX Mandate For Live Hearings
Any sexual misconduct case within Title IX's scope now requires a live hearing. This provides an opportunity for testing the credibility of all parties through cross-examination. Cross-examination is voluntary, but if a witness refuses to be cross-examined, their testimony is excluded from the sexual misconduct case. The University decision-maker(s) in the sexual misconduct case cannot draw conclusions about their reasons for not participating.
Appointing Hearing Advisors
For the hearing, each party must obtain a hearing advisor who will question the other party and witnesses. You may choose your own advisor, or the University of Florida will appoint a law student from the Levin College of Law to be your advisor. Using a university-appointed hearing advisor is not a good option. Advisors employed by the school aren't nece