Here We Go Again–Proposed Title IX Changes Eliminate Due Process Protections

Title IX law is in constant flux, with new rules and legal challenges continuing to shape how schools, colleges, and other institutions handle sex-based misconduct and discrimination.  Our firm closely monitors these developments and is committed to providing the most current information available. Click here to learn about the current state of Title IX and how we can help if you are facing accusations or other Title IX issues.

Yes, it looks very much like here we go again, back to the past Obama days of rushed, one-sided Title IX proceedings perilously unfair to the accused student. Students facing Title IX sexual misconduct charges at their college or university should again be duly concerned for their constitutional due process rights. If you face Title IX charges at your college or university, retain the LLF National Law Firm to help you defend and defeat those charges. You may once again face an uphill battle, but with our Student Defense Team’s skilled and experienced representation, that battle is one that you can still win.

Proposed New Title IX Rules

Pursuing a commitment the Biden Administration made in its first days, the Department of Education has released for public comment proposed new Title IX rules that would turn back the clock to aggressive and, in many cases, unconstitutional Obama-era Title IX enforcement. Critics are already condemning the proposed new rules as undermining core constitutional commitments to due process. The new rules leave little doubt that accused students face greater-than-ever challenges in overcoming cultural and campus biases. Yet the critics aren’t likely to carry the day. The federal government may take months or a year or more to adopt those new Title IX regulations or modified regulations. But chances are good that college and university students accused of Title IX misconduct will soon lose important protections. Accused students may soon face a greater than ever risk of unfair and damaging sexual misconduct findings.

Title IX Enforcement Trends

Title IX is the comprehensive federal law that requires schools receiving federal funding to prevent and punish sex discrimination, including sexual violence and sexual harassment. The Obama Administration pressed schools to increase enforcement while eliminating procedures that would have protected accused students. Courts condemned those moves as grossly unfair to accused students and unconstitutional. In response, the Trump Administration promulgated Title IX rules that restored important due process protections. Those protections ensured that every student charged with Title IX misconduct could attend an in-person hearing to present the defense side of the story. The accused student could also retain an attorney advisor to cross-examine the accuser and other witnesses. The Biden Administration proposal eliminates those protections, swinging the pendulum back to the Obama era.

The LLF National Law Firm’s Student Defense Team is available nationwide to defend Title IX or other misconduct charges at your college or university. Level the playing field with the special services of a trusted attorney advisor who knows Title IX. We have helped hundreds of students nationwide defeat disciplinary charges. You have too much at stake in your college or university education to let Title IX charges ruin your investment. Call 888.535.3686 or go online now.