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.
The burden of proof in a Title IX hearing will depend in part on the particular college or university involved. That being said, almost all colleges and universities use the preponderance of the evidence standard. Title IX law itself does not require a specific burden of proof, the preponderance of the evidence standard is allowed. Since recent changes to Title IX, a clear and convincing standard is also allowed, although, almost all schools have not shifted to that standard for various reasons.
Because so much is at stake and because it is almost always such a low burden, an accused student's rights must be protected by an experienced attorney-adviser, preferably from the start of the process, in an effort to achieve potentially the best most favorable outcome.
