U.S. Department of Education in Washington, D.C.
On Nov. 16, 2018, the U.S. Department of Education issued proposed regulations to supplement Title IX of the Education Amendments of 1972 in response to a dire need for clarification of the gender discrimination statute that has evolved so far from its beginnings. Title IX regulations have never before specifically addressed sexual harassment, sexual assault or the concept of due process. 34 C.F.R. §106. One would never realize this given how extensively schools have been deciding cases of campus sexual misconduct for years.
Within hours of the announcement of the proposed regulations, victim advocates were demonizing them as “turning back the clock,” “making schools less safe” and “turning campus hearings into courtroom proceedings.” These reactions are premature and, perhaps, misguided. Before the naysayers denigrate the proposed rules, I would encourage them to ask themselves: How can we have a fair result without a fair process?
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
