Since Education Secretary Betsy DeVos has settled into her role, she's expressed her desire to roll back much of the protections the Obama administration pushed in previous years. Slowly but surely she's fulfilled several of her promises and is hoping to implement her most impactful and controversial plan yet. 

The potential implementation of a new Title IX guidance - which is being vehemently pushed by DeVos - on the federal level has caused a frenzy within the world of higher education. Her suggestions for what she believes would achieve a more equitable process have received massive backlash overall. From a push to narrow the definition of sexual harassment to restricted reporting regulations, critics say that the proposed rules discourage victims from coming forward, while supporters say that true due process will finally be enforced.

Despite the overwhelming backlash, similar versions of this proposal are beginning to be pushed in some states. Proposed Senate Bill 259 and House Bill 573 in Missouri mirrors DeVos' plan, with a few additional suggestions made in the name of bettering due process. This plan would include outsourcing hearings upon the request of students from either party. Sen. Gary Romine, who spearheaded the bill, claims its implementation would ensure both the accused and the accuser have more control of the process.

“I want to make sure that Title IX is protected,” Romine said. “It's a valuable asset for institutions to use, but the integrity of the system needs to be protected so that students are protected.”

While universities will have their own commissions and panels to adjudicate complaints within educational institutions, including more of a legal process, will be beneficial to every party and help hold schools accountable, Romine asserts.

If the new laws are implemented, Missouri college students will be able to request a hearing before the State of Missouri Administrative Hearing Commission, even after they have received disciplinary action from an institution. Within 10 days of receiving notice of a request, a commissioner will be assigned to hear the case and will enter an order delaying any disciplinary actions until a final decision is made.

Students would also be able to request an expedited hearing should the process interfere with their ability to continue their education.

"The main concern here is that sometimes decisions can be made that have the students out of the education process for an extended period of time, and that has an adverse effect," Romine said.

Nationwide Title IX Advisor

The only way to make sure your voice is heard and your rights are upheld is to retain a student defense attorney. For respondents, especially, the assistance of an attorney advisor is invaluable in the Title IX process. National Title IX attorney Joseph D. Lento has the skill, experience, and expertise to help you preserve your entitled rights under Title IX and your school's policy. For a case evaluation or more information about his representation, contact him online or give him a call at 888-535-3686 today.