Title IX Hearings: Are They Quasi-Judicial and What Does That Mean for Stakeholders?
Recent court recommendations and comments following this vein provide insight both into how the expected 2023 Title IX regulations, and the prescribed hearings therein, may be classified by the courts and what choices the parties may make in light of that classification.
August 02, 2023 at 12:49 PM
7 minute read
Recently, headlines have been splashed with the question of whether Title IX proceedings are quasi-judicial and what legal claims parties have based on what occurs during the Title IX process. Title IX practitioners and universities are quick to note that a Title IX hearing is not a courtroom and the Title IX process is not beholden to the rules of evidence or other pillars of the legal process, so why does it matter if Title IX is quasi-judicial? Recent court recommendations and comments following this vein provide insight both into how the expected 2023 Title IX regulations, and the prescribed hearings therein, may be classified by the courts and what choices the parties may make in light of that classification.
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