Biden Administration Reviewing Title IX Regulations

Update: Internal Title IX Proceedings

By: Adria Lynn Silva on March 16, 2021

 

Prior the implementation of the August 14, 2020 regulations, Title IX provided no due process rights to those respondents accused of sexual assault . See e.g., Yu v. Vassar Coll., 97 F. Supp. 3d 448, 462 (S.D.N.Y. 2015); Rensselaer Soc’y of Eng’rs v. Rensselaer Polytechnic Inst., 260 A.D.2d 992, 689 N.Y.S.2d 292, 295 (3d Dep’t 1999); and Yusuf v. Vassar College35 F.3d 709 (2d Cir.1994).

However, Title IX caselaw holds that proceedings regarding sexual harassment or assault should be free from gender discrimination so that the proceedings do not result in erroneous outcomes.

Moreover, in some cases, state law provides a right to a fair hearing. See Starishevsky v. Hofstra Univ., 161 Misc.2d 137, 612 N.Y.S.2d 794, (N.Y.Sup.Ct.1994). In other cases, the university itself has provided the right to a full and fair hearing in a student code of conduct.  See Doe v. Brown Univ., 166 F.Supp. 3d. (D.R.I. 2016).

Title IX’s revised implementing regulations provide for some due process protections including the right to a live hearing and to cross examine accusers. President Biden has signed an executive order requesting that the Department of Education review the August regulation changes in terms of equity issues; procedural rights, and the effects on victims.