The debate on how colleges and universities handle allegations of sexual harassment and misconduct was recently revived in the wake of a statement sent to Oregon State University students and staff by its president, F. King Alexander.

In the statement, Alexander shared that he was in discussions with then-President-elect Biden's transition team about “rolling back changes in U.S. Department of Education Title IX regulations that went into effect in August and create problematic barriers for reporting.” The communique was sent in response to a news story claiming that sexual misconduct allegations had been mishandled at Louisiana State University during Alexander's tenure there.

“As your president – and as a parent of three daughters – I am committed to policies and efforts that prohibit and seek to end sexual misconduct, violence, harassment and discrimination,” Alexander asserts in the statement. “I assure you that if you bring reports of sexual misconduct or harassment to the university's attention by contacting EOA, the report will be taken seriously.”

More Questions than Answers

While certain advocacy groups have questioned the sincerity of the OSU president—and his ability to fulfill his promise—the entire situation highlights the ongoing confusion recently put into play by changes to Title IX enforcement rules made by former Secretary of Education Betsy DeVos. With DeVos having resigned her position early, and the Biden administration promising to roll back many of the Title IX changes established by the previous administration, there are now more questions than answers regarding how Title IX complaints will be processed moving forward. In whatever way these changes play out, there's a general belief that it's the rights of the accused that will most likely fall through the cracks.

Caught in the Middle?

A college or university student who is accused of sexual misconduct faces a web of uncertainty. The sweeping changes to Title IX policies were initially intended to provide more protections for students who were falsely or unfairly accused of sexual harassment. However, these changes were announced in May 2020 and went into effect only three months later—in the midst of a major pandemic that had already upended the ways schools were operating. Furthermore, the new rules went into effect during an election year, mere months before a new administration would be elected—an administration that will most likely change the rules back to Obama-era policies!

With all this upheaval, and with schools scrambling to figure out how to remain Title IX compliant, it's not much of a stretch to see how someone accused of sexual misconduct in these times could be inadvertently caught in the middle, and quite likely denied a fair chance to defend themselves in the process.

The controversy currently stirring at OSU underscores why it's more important than ever to make sure your rights are protected if someone accuses you of sexual misconduct in a college or university setting. Having an attorney-advisor on your side can make a huge difference in the outcome of your case. Attorney Joseph D. Lento is a nationally-recognized expert in student defense issues, and he keeps pace with the most up-to-date Title IX rules and student conduct policies. Protect yourself and your future by calling the Lento Law Firm today at 888-535-3686.