New Title IX Rules Secure Due Process Rights for Students in California

New Title IX rules by Education Secretary Betsy DeVos seek to standardize the Title IX process and give more protections to accused students, including the right to cross-examine accusers through a third party.

When a college student brings an allegation of sexual assault to campus administration, the complaint gets the ball rolling on an investigation and adjudication process. This investigation and adjudication process can vary from school to school. 

Under DeVos’ new Title IX rules, all universities will have to hold live hearings, ending the “single investigator” practice, and the new codified procedures will make these hearings more akin to criminal trials. Respondents, as the accused parties are called, are entitled to notice of the allegations and evidence against them, and are given the right to cross-examine their accuser through a third party.

The list of regulatory changes to Title IX is long. More than 2,000 pages of new definitions, procedural changes, and the implementation of new procedures, training, and record-keeping requirements came as the result of years of research, as well as input from survivors, falsely accused students, school administrators and many more.

As per the Department of Education, colleges will be held responsible for off-campus sexual harassment at houses owned or under control of school-sanctioned fraternities and sororities. Some of the other key provisions to Title IX include requiring schools to offer an equal right of appeal for both parties to a Title IX proceeding; providing protection for survivors and ensuring they are not required to divulge any medical or psychological records; and shielding survivors from having to stand face-to-face with the accused during a hearing.

DeVos has deemed the changes as a way to secure due process rights for students who report sexual misconduct, and for those accused of it. The department announced the new regulations in May, giving schools across the country until August to implement the changes. 

Contact the Title IX Attorneys at Wallin & Klarich Today

If you are the subject of a Title IX investigation, you should discuss all available defenses with an experienced Title IX defense attorney as soon as possible. At Wallin & Klarich, our skilled Title IX lawyers have more than 38 years of experience successfully representing clients facing school investigations. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced Wallin & Klarich Title IX attorney available to help you no matter where you are located.

Contact our offices today at (714) 587-4279 for a free phone consultation regarding your case. We will get through this together.