New Title IX regulations give more rights to those accused of by Amoid

"CINCINNATI (WKRC) – Education Secretary Betsy DeVos' new Title IX rule moves forward and will take effect Friday, Aug. 14 after a federal judged refused a multi-state effort to strike it down. Attorneys general in 17 states and the District of Columbia brought the lawsuit challenging DeVos’ policy change mandating how schools respond to reports of misconduct. ""Every survivor of misconduct must be taken seriously. Every student accused of misconduct must know that guilt is not pre-determined,” said DeVos. “One aggressive act of harassment is too many. One person denied due process is one too many. This conversation may be uncomfortable, but we must have it. It is our moral obligation to get this right.” The Department of Education released the new regulations in May. Main changes in the regulations include: -Schools can longer try misconduct cases occurring off-campus or during study abroad trips -Cross-examination by advisors or attorneys -Universities must provide an option for informal resolution -Schools will still have an option to use the ""preponderance of evidence"" standard or raise it to ""clear and convincing evidence"" -A more narrow definition for harassment, defined as “conduct that is so severe, pervasive and objectively offensive that it effectively denies a person equal access to education,” which includes assault, dating violence, domestic violence or stalking. It also includes quid pro quo harassment, in other words, providing opportunities for job advancement if a person submits to unwelcome advances. FROM THE DEPARTMENT OF EDUCATION Key provisions of the Department of Education's new Title IX regulation: Defines harassment to include assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of Provides a consistent, legally sound framework on which survivors, the accused, and schools can rely Requires schools to offer clear, accessible options for any person to report harassment Empowers survivors to make decisions about how a school responds to incidents of harassment Requires the school to offer survivors supportive measures, such as class or dorm reassignments or no-contact orders Protects K-12 students by requiring elementary and secondary schools to respond promptly when any school employee has notice of harassment Holds colleges responsible for off-campus harassment at houses owned or under the control of school-sanctioned fraternities and sororities Restores fairness on college and university campuses by upholding all students' right to written notice of allegations, the right to an advisor, and the right to submit, cross-examine, and challenge evidence at a live hearing Shields survivors from having to come face-to-face with the accused during a hearing and from answering questions posed personally by the accused Requires schools to select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard – and to apply the selected standard evenly to proceedings for all students and employees, including faculty Provides ""rape shield"" protections and ensures survivors are not required to divulge any medical, psychological, or similar privileged records Requires schools to offer an equal right of appeal for both parties to a Title IX proceeding Gives schools flexibility to use technology to conduct Title IX investigations and hearings remotely Protects students and faculty by prohibiting schools from using Title IX in a manner that deprives students and faculty of rights guaranteed by the First Amendment As colleges and universities across the country work to comply with new Title IX federal guidelines, survivors of harassment and assault fear there will be a decrease in reported cases. “I definitely think less people will come forward,” said Grace Cunningham. “Even thinking about everything I’ve gone through, if I experienced anything like that again, I would not go through with reporting it, especially under DeVos’ regulations.” Based on the new regulations, the University of Cincinnati wouldn’t even look at Cunningham’s case if reported. “I was raped and robbed in my off-campus apartment about five minutes off of UC's campus,” said Cunningham. Cunningham says UC dismissed her 2015 case after her accused attacker no longer was a student at the university. She believes the new rules will make victims feel even more helpless. “It further perpetuates rape culture by insinuating a person needs to be harmed in the right place or by the right person,” said Cunningham. “That’s another part of the rules: If you’re assaulted by somebody who’s not a UC student, you have no right to report it to your school.”"