Changes to Universities’ Sexual Assault Tribunals May Be Here to Stay

On November 29, the 60-day public comment period opened for Title IX regulations proposed by U.S. Department of Education Secretary Betsy DeVos. The move was the latest, and most significant, step in DeVos’s efforts to encourage colleges and universities to create a more balanced adjudication system for resolving campus sexual assault allegations. Three features distinguish DeVos’s proposed regulations from the Title IX initiatives of her Obama-era predecessors. First, the proposed rule would redefine the relationship between the Education Department’s Office for Civil Rights (OCR) and the nation’s universities, in ways that give schools more flexibility to implement Title IX. The regulations would adopt the U.S. Supreme Court’s definition of sexual harassment found in Davis v. Monroe County Board of Education—behavior “that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an…

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