A state lawmaker in North Dakota introduced House Bill 1256, which would make it a class C felony to file a false claim of sexual harassment or discrimination under the policies of any state institution or federal Title IX. The bill would also make it a class B misdemeanor for any public official to willfully encourage an individual to make a false claim. Title IX, part of the Education Amendments passed in 1972, prohibits discrimination on the basis of sex under educational programs receiving federal financial assistance.

The Impetus for the Legislation Regarding False Claims of Sexual Harassment or Discrimination

Representative Eric Murphy proposed the new law in the aftermath of his own experience of being accused of sexual misconduct by a female colleague at the University of North Dakota, where he is an associate professor of biomedical sciences; he was subsequently cleared of the charges by an administrative law judge.

The proposal from Representative Murphy follows bipartisan legislation in North Dakota to establish due process rights in Title IX cases in the state. That legislation was proposed after a 2010 case in which the University of North Dakota refused to overturn sanctions on a student accused of sexual assault, even after the accuser was charged by police with a crime related to providing false information. The university lifted the sanctions after national media covered the case.

Representative Murphy cited the 2010 case as another example of the kind of abuses of Title IX he would like to prevent, and he asserts that laws against sexual discrimination have been weaponized in higher education.

The Broader Landscape: Title IX and State Laws Regarding Sexual Discrimination Change Frequently

The possible change in North Dakota law is one small part of a broader landscape of frequent changes in the laws regarding sexual discrimination at educational institutions. Each state can introduce new laws, and some go well beyond Title IX. And national Title IX guidelines have changed significantly in the last decade alone. The Obama administration expanded enforcement of Title IX, and the Trump administration tightened its definition of sexual harassment, while extensive changes proposed by the Biden administration—including undoing some of the regulations introduced under Trump—will take effect in mid-2023.

National Education Attorney-Advisor Joseph Lento Stays on Top of the Changing Legal Landscape

Given the frequency of changes in these laws, you need an experienced education attorney, well-versed in the latest laws and policies, if you are facing charges under Title IX or the sexual discrimination policies at your school. Attorney-Advisor Joseph Lento is a national education attorney-advisor with extensive experience with college sexual misconduct defense and navigating the educational bureaucracy. He and the Student Defense Team at Lento Law will fight to clear your name so you can focus on the education you deserve. Call 888.535.3686 now.