For the first part of this Title IX series, visit here.
The new Title IX changes will alter the accountability landscape for years to come. Despite claims that the timing of the execution is inappropriate given the COVID-19 pandemic, change proposals were in place since 2018.
The main focus of the Title IX revisions is the safety of the victim. Security involves shining a spotlight on the processes that universities were following when they receive a sexual misconduct case and refining them. It's crucial to remember that the new revisions were not merely "given" to the public. They embrace heavy involvement, include commentary, and cover many loopholes that exist in the system.
One example of this is the threshold for reporting sexual misconduct. Before 2017, colleges had a 60-day reporting timeframe with lax enforcement in case of delays, rendering its efficiency debatable. The newest guidelines call for “prompt and equitable” reporting, but without a set time. Removing the limit reduces pressure during the investigation process, allows for thorough claim investigation, and helps colleges gather concrete evidence. Another change is the issue of mandatory reporting. In the past, any claim of sexual harassment led to reporting as a Title IX violation. With the new changes, colleges don't have to report a case unless the student requests it.
How Do The Changes Affect Defendants in Title IX Cases?
In the midst of the new Title IX changes are the students who are facing accusations of sexual misconduct against them. These charges do more than just result in penalization; they also cause a wealth of problems that can affect the student's life and career. Not to mention, false allegations and the suppression of evidence by colleges prevented defendants from seeking justice and in part led to the Title IX Final Rule which went into effect on August 14, 2020.
With the re-introduction of due process and questioning, the defendant is no longer under the mercy of a system replete with loopholes that could ruin their lives. The accuser's rights receive better protections with the new rewrites because of the increased accountability processes that colleges have to follow.
National Title IX Attorney
When there is a sexual misconduct charge against you, the new amendments to Title IX may have an impact on the outcome of your case. Since the law is firmer in increasing accountability processes by colleges, you may face challenges during the initial implementation of the laws.
Especially as the terms of Title IX now differ, there may be new processes to work within and different ways that you and the accuser undergo questioning and investigation.
In a time of stress and uncertainly, you need reliable, knowledgeable, and capable legal representation to make sure your rights aren't in jeopardy.
Attorney-advisor Joseph D. Lento and the Lento Law Firm have helped hundreds of clients receive justice for sexual misconduct allegations made against them under Title IX across the United States. If you are part of a sexual misconduct case and need expert representation, send us a message or call us today at (888) 535-3686.