"The Biden administration is proposing changes in regulations governing universities’ handling of sexual misconduct claims that could result in more lawsuits by accused students alleging a lack of due process.
The proposed changes to regulations implementing Title IX of the Education Amendments of 1972 are intended to provide more discretion to schools receiving federal funds, according to a summary by the U.S. Department of Education. Complaints could be more quickly resolved if changes are adopted, and students may be more willing to make complaints.
But some observers told Law.com that they are concerned that the department is rolling back due-process protections in regulations that interpret Title IX’s ban on sex discrimination.
The proposed changes would rescind final regulations enacted by former Education Secretary Betsy DeVos in 2020 that required live hearings with cross-examination. DeVos’ regulations banned a single-investigator model in which a single person looks at the facts and makes a decision, Higher Ed Dive reports."
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