Title IX is a federal statute that states “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal assistance.”
This statute prohibits any instances of sexual assault, sexual harassment, and stalking on school campuses that receive federal funding. Schools and universities that are notified of a Title IX violation involving one of their students or a member of their staff must launch an investigation into the matter or risk losing federal funding.
In September 2017, Education Secretary Betsy DeVos proposed changes to Title IX in an effort to bolster the rights of students who have been accused of sexual misconduct on college campuses, as well as protect colleges from federal investigation. Learn about the proposed changes to stay informed and protect your rights.
Betsy DeVos’s proposed changes to Title IX would enhance the rights of those facing allegations under the statute by providing definitions of sexual harassment and sexual assault consistent with U.S. Supreme Court cases and federal law. It also provides for live hearings where accused students are afforded a presumption of innocence and complaining students are subject to rape-shield protections.
The proposal would also create a higher legal standard when determining if a school or university properly addressed the reported issue. DeVos’s proposed changes would end guidelines from the previous administration that critics say violated the due-rights processes of students accused of sexual misconduct.
If you or someone you love has been accused of sexual misconduct at their school or university, it’s in your best interest to contact our experienced defense team at Caplan & Tamburino. Oftentimes, those facing allegations under Title IX do not fully understand their rights and wind up with permanent scars on their record.
Contact our team today at (612) 444-5020 to learn how we can assist you.