Title IX Final Rule: Protecting the Accused in Sexual Misconduct Cases

Title IX is a federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Over the years, changes have been made to how Title IX is enforced in schools nationwide. In May 2020, Secretary of Education Betsy DeVos released new guidance to Title IX cases which went into effect on August 14th, 2020.

These new guidelines are called the “Title IX Final Rule” and they guide schools on how to handle sexual misconduct cases on campus. The new rules were created in response to due process issues under the previous rules. Students accused of sexual misconduct get suspended or even expelled without a fair chance to defend themselves.

The DOE’s new guidelines provide important protections for the accused during investigations and hearings of sexual misconduct accusations. However, one cannot depend entirely on their school to help them navigate through Title IX cases.

Frequently Asked Questions About New Title IX Rules

Here are some frequently asked questions about cases addressed and adjudicated under the Title IX Final Rule:

Are K-12 schools required to have a live hearing under the Title IX Final Rule?

Yes, K-12 schools are required to provide live hearings under Title IX Final Rule; however, requirements may differ based on whether there are safety concerns for those involved.

Can a college or university restrict a complainant, or respondent from discussing the allegations or gathering evidence?

No restrictions can be applied unless both parties agree upon it voluntarily in writing.

When is a school’s response obligation triggered under the Title IX Final Rule?

A school’s response obligation is triggered when appropriate officials have actual knowledge of any reported incident of sexual harassment that occurred within its educational programs and activities against a person over whom the school has substantial control within United States.

Does the Title IX Final Rule only apply on campus?

The Title IX Final Rule applies to all educational programs or activities that receive Federal financial assistance, protected under the 14th Amendment of the U.S. Constitution, regardless of where it takes place.

Protecting Yourself During Title IX Sexual Misconduct Allegations

When accused of Title IX sexual misconduct at college or university, its essential to understand what is involved and how your future could be drastically altered by an adverse outcome. Sexual misconduct allegations are as serious as they get, with both personal and professional reputation on the line. Hence, one should not depend entirely on their institution for guidance.

An experienced attorney can provide the necessary information, guidance and support to help through difficult times like these. For a federal law case like Title IX sexual misconduct accusations, considering a specialized lawyer is highly beneficial.

Nationwide Title IX Defense

Attorney Todd Spodek has helped thousands of students facing similar concerns at over thousand colleges/universities across U.S., which makes him the perfect person to seek for help in such scenarios.

Spodek has been fighting to ensure fair process and favorable outcomes on behalf of countless students and others in academia who have been accused of sexual misconduct. Contact  The Spodek Law Group today for immediate assistance or call (888) 535-3686.