In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Under the Title IX Final Rule, a college or university is required to state the burden of proof that would be used to find a person responsible for allegations of sexual harassment, whether it's the preponderance of the evidence standard or the clear and convincing standard. In addition, the standard use needs to be consistent across or involving all allegations of sexual harassment at the school.
Cases involving students, and cases involving employees, including faculty would have to use the same standard, it cannot change. In other words, it either has to be all addressed under the preponderance of the evidence standard, or the clear and convincing standard. Having an experienced attorney-advisor in your corner will be your best ally to help navigate and understand the process and they should be involved from as early as possible in a Title IX case.
