Innocent until proven guilty? For college students accused of disciplinary violations, that has not necessarily been the case—but a new bill aims to change that.

Senator John Kennedy (R-LA) introduced the Ensuring Fairness for Students Act in March 2023. The bill would restore certain due process rights to students accused of sexual assault or harassment under Title IX—rights that Kennedy and his supporters say were stripped by the Biden administration last year.

The Ongoing Title IX and Due Process Battle

The introduction of this act is only the latest salvo in an ongoing battle over sexual assault cases, their investigation, and the due process rights of the accused. In July 2022, the Biden administration announced a plan that would roll back changes to the current Title IX protocol. These changes were established by former Secretary of Education Betsy DeVos during the Trump administration.

Biden's new Title IX rules will go public in May, although the DOE hasn't yet determined when they would go into effect. Included in this reversal:

• Protections for students who identify as transgender and/or nonbinary
• A decrease to the threshold that triggers investigation requirements
• Expanded protections for students who are parents or expecting a child
• Removal of the requirement for live sexual misconduct hearings
• A change to evidentiary standards, eliminating "preponderance of evidence" in favor of "clear and convincing evidence" in sexual assault cases.

Civil rights advocates who criticize these changes claim they would engender biased university and college climates by favoring accusers. Several lawsuits have been filed since these Title IX regulations by alleged perpetrators of sexual abuse or harassment, claiming that their due process rights had been violated.

Said Kennedy, “Students' rights don't end where schools begin, and this bill makes sure that these serious investigations pursue justice without bias.”

Only Time Will Tell

Given that the rules and regulations surrounding Title IX hearings on college campuses have been in such heated contention during the past several presidential administrations, it's likely that Senator Kennedy's Ensuring Fairness for Students Act will not be the end of the matter. Only time will tell what students accused of sexual harassment and assault under Title IX can expect in terms of a fair hearing and due process under the law.

In the meantime, those who have been accused of sexual misconduct on campus need a powerful ally on their side if they are to overcome this significant hurdle. A finding of sexual wrongdoing, regardless of the actual facts, can result in punishment up to and including expulsion from the college or university. If you find yourself or your child in such serious straits, we probably don't have to tell you how much damage this can do to a person's entire future.

To ensure that you get the fairest shake possible, call Education Attorney Joseph D. Lento. Along with his Student Defense team, Mr. Lento is passionate about protecting and defending the due process rights of students, no matter what accusations they are facing—and he will use that passion along with his experience to fight until your rights have been restored. Call him at 888.535.3686 or use this form to tell him about your situation.