Skip to main content

Judge Strikes Down Provision of Title IX Rule

A federal judge largely upheld a controversial 2020 final rule on Title IX promulgated by former secretary of education Betsy DeVos, but he struck down a key provision that prohibits colleges adjudicating sexual misconduct allegations from considering statements not subject to cross-examination.

Advocates for sexual assault survivors have argued that the provision prevents previous written or oral statements from police officers, nurses or other witnesses from being considered by an institution in the event that individual is unable to attend a hearing, and also means an accused student’s own statements admitting guilt could not be used if the student chose not to testify at the hearing.

Judge William G. Young of the U.S. District Court of Massachusetts ruled that the department had failed to adequately consider such outcomes, and the provision was therefore put forward unlawfully, in an arbitrary and capricious manner.

“Under a plain reading of the Final Rule’s hearing provisions, a respondent may work with the school to schedule the live hearing, and nothing in the Final Rule or administrative record prevents him or her from doing so to further a disruptive agenda -- e.g., at an inopportune time for third-party witnesses,” Young wrote. “The respondent may elect not to attend the hearing to avoid the possibility of self-incrimination, and, so long as he or she does not do so in a tortious or retaliatory manner, the respondent may speak freely to his or her peers about the investigation to collect evidence or even to persuade other witnesses not to attend the hearing.”

“This is not some extreme outlier or fanciful scenario,” Young wrote. “No attorney worth her salt, recognizing that -- were her client simply not to show up for the hearing -- an ironclad bar would descend, suppressing any inculpatory statements her client might have made to the police or third parties, would hesitate so to advise.”

The ruling -- which sends the provision back to the Department of Education for further consideration -- came in a lawsuit filed by four organizations that advocate on behalf of victims of sexual violence as well as three individual students. Young upheld the other 12 of the 13 provisions of the final rule that the plaintiffs challenged.

Shiwali Patel, director of Justice for Student Survivors at the National Women’s Law Center, which initially filed the lawsuit, said many colleges have complained that the provision prevented them from completing full investigations of student allegations.

"The department was concerned about -- or so they said -- with ensuring that schools were conducting reliable and thorough investigations, and yet the rule also required them to not consider this evidence," she said. "It really makes no sense and shows that these changes to the Title IX rules are not really about getting to the truth of what happened, despite what DeVos has said and others who support the rule have said. Really, what it’s about is to weaken protections against sexual harassment in schools, to require schools to have uniquely burdensome procedures only for sexual harassment complaints."

Now, under the Biden administration, the Department of Education has said it will issue a new rule next May to replace the 2020 regulations.

“We are reviewing the decision, but the department has already taken several steps to examine the prior administration’s Title IX regulations, responding to an executive order from President Biden,” a department spokesperson said Thursday. “Some of those steps include holding a virtual public hearing in June and issuing a Q&A to provide clarity about the obligations under the 2020 regulations.”

Is this diversity newsletter?: 
Disable left side advertisement?: 
Is this Career Advice newsletter?: 
Live Updates: 
liveupdates0


Udimi - Buy Solo Ads from Inside Higher Ed https://ift.tt/376xUMn
via IFTTT

Comments

Popular posts from this blog

Tips and Strategies for Remote Learning (March 2020)

For the past four weeks, starting two weeks before our Spring Break last week, teachers, administrators and staff at our school have been preparing for “remote school” for students as a result of the coronavirus / COVID-19 crisis. On March 19, 2020, our Head of School sent out a letter to our parents including information about our remote learning plans and FAQs for parents . If your school is currently preparing for remote learning ( as all Oklahoma public school districts now appear to be , pending tomorrow’s state school board meeting vote) I encourage you to review these publicly shared documents and information. As our school’s “Technology Integration and Innovation Specialist” this year, I’ve been building an instructional site for our teachers to support remote learning, on support.casady.org , which is openly licensed CC-BY . This collaborative effort with many other teachers and members of our school staff has provided a good opportunity to curate as well as present instruc...

5 Tips for Embracing Outdoor Learning in Any Setting

In a year when all schools look different from usual, some teachers are embracing the outdoors as their classroom. The Centers for Disease Control and Prevention included outdoor learning in recommended strategies for schools to reduce the spread of COVID-19, and research has shown positive instructional outcomes from such methods. Long-time outdoor educators also tout the social and emotional benefits . But getting started can feel daunting. Below are five tips from experienced teachers for trying outdoor learning in any setting. Look for possibilities in different spaces Becky Schnekser is teaching K-5 science fully outdoors this year at a private school in Virginia Beach. She has the advantage of a well developed outdoor classroom, but that’s not a prerequisite. “Any outdoor space is an opportunity, whether you have a beautiful wooded area or you have concrete jungle,” she said. From sidewalk math to history walks to socially distanced singing , educators are finding wa...

Guidance on Accreditation for Governing Boards

With accreditation under intensified scrutiny from state legislators and other quarters, two national associations have issued a joint statement reminding governing boards of the importance of higher education’s quality assurance system and the role they should play in it. The Joint Advisory Statement on Accreditation & Governing Boards 2022 , from the Association of Governing Boards of Universities and Colleges and the Council for Higher Education Accreditation, refreshes a 2009 statement the two groups issued at another time when accreditation had taken heat, then from the Bush administration’s Spellings Commission on the Future of Higher Education. More recently, legislators in Florida have proposed legislation that would require colleges to regularly change accreditors and give them the right to sue accreditors that take regulatory action against them. The Florida measure came in response to an accrediting agency’s inquiry into external influences over governance at two ...