You may have heard that the Federal Government has issued key provisions that schools should implement to take Title IX allegations seriously, both for a complainant and for a respondent. They were released in May 2020 and require colleges and universities to comply with them by August 14, 2020. Key provisions include:

  • Specific definitions for key allegations.
  • Requirements for clear reporting options.
  • Supportive measures including class/dorm reassignments and No Contact Orders of Protection eliminating contact between the accuser and the accused.
  • Responsibility for off-campus actions so long as the location is under the control of the university or college, or if the event is school-sanctioned.
  • Additional protections for access to allegations, cross-examination, and evidentiary challenges.
  • Right to choose between “preponderance” or “clear and convincing” evidentiary standards.
  • “Rape Shield” protections allowing complainants to protect any medical, psychological, or similarly privileged records.
  • Fair appeals for both complainant and respondent.
  • Technology flexibility.