My thoughts on why the new Title IX Rules are bad:
The new rules are bad for students accused of sexual misconduct. Like, really bad!
Imagine someone accuses you of rape, unwanted touching, or another type of similar act. You claim it never happened. The school takes immediate action and prohibits you from entering campus, talking to classmates, and labels you a sexual offender. You want justice and believe the school will give you a fair shot at proving your innocence.
You’re wrong.
Here are 5 changes under the new Title IX rules that will affect your school case—all of which begin August 2024:
You will no longer be entitled to have a “live” hearing.
Zoom or other video conferences will supersede in-person hearings. This limits the effectiveness of cross-examination because the Complainant will be behind a computer monitor, likely in the comfort of his/her own home, with parents and friends. The level of formality goes way down.
You will no longer be entitled to cross-examine the Complainant or any other witness.
You heard that right! The same person who accused you of crimes and sexual misconduct does not even have to attend the hearing OR be questioned by you or your attorney. The same rule applies to any other witness!
You will no longer be entitled to a multi-investigator model.
One, and only one, (likely overworked, underpaid, and inexperienced) investigator will be assigned to your case. Nobody will check the investigator’s work—no supervisor or second set of eyes.
Title IX investigations no longer need to begin with a written statement by the Complainant.
Anyone can now call the office and report an incident, even anonymously! And then you will be investigated, all while being limited in your interaction with the school, classes, friends, and livelihood.
The same investigator in your case will now be the discipliner!
The investigator now goes from objective to subjective. If you upset the investigator in any way (i.e. failing to make a statement, asking the investigator to find evidence, etc), you do so at your own peril. Just imagine the police officer was also the judge and jury in your case. Fair? Absolutely not. Thankfully, the ACLU has already taken steps to fight this: https://perma.cc/8XWJ-54FK
