Proposed Rule Attempts to Clarify Title IX Process
On November 16, 2018, the U.S. Department of Education released proposed Title IX regulations for public comment. The Department's proposed regulations will be open for public comment for 60 days and, once in effect, will replace the Obama administration's Title IX guidance. Notably, the proposed regulations narrow the definition of actionable sexual harassment to "unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the school's education program or activity." Other noteworthy clarifications include a "presumption of innocence" for the respondent throughout the grievance process, "actual knowledge" required for school liability, and live hearings at colleges and universities with cross-examination. Cross-examination must be conducted by the respondent's advisor or representative to avoid personal confrontation between the parties. You can read more details about the proposed regulations in the link below.