For the Defense - Vol. 5, Issue 4 - 11

The Protections and Potential Perils
of the New Title IX Regulations
Patricia M. Hamill and
Lorie K. Dakessian

T

he United States Department of Education's
new Title IX regulations1 finally have been
implemented and offer much needed
steps toward promoting fundamental fairness,
consistency, and reliability in campus disciplinary
proceedings. The regulations are rooted in
the principle that Title IX, which applies to all
educational institutions (public and private)
that receive federal funding2, protects access
to education for all parties-complainants and
respondents (i.e., the accused students), males
and females-and that disciplinary proceedings
should be fair to all. With these new and robust
protections come potential perils that could
undermine a just outcome.
The processes established by these new
regulations generally benefit both respondents and
complainants and aim to balance their interests by

treating the parties " equitably. " This means that
colleges and universities ( " colleges " ) must offer
supportive measures (e.g., counseling or academic
accommodations) to every complainant, whether
or not the complainant files a formal complaint
with the institution. Colleges must create a
grievance process that ensures that respondents
will not be subjected to discipline unless they are
found responsible after a fair process, including
notice, an opportunity to respond, and a hearing
before one or more impartial decision-makers.
The grievance process must treat a respondent as
presumed innocent-i.e., the institution may not
treat an accused student as responsible for sexual
harassment (including sexual misconduct) unless
and until the finding is made at the " conclusion
of the grievance process " outlined in the new
regulations.
Vol. 5, Issue 4 l For The Defense

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For the Defense - Vol. 5, Issue 4

Table of Contents for the Digital Edition of For the Defense - Vol. 5, Issue 4

Contents
For the Defense - Vol. 5, Issue 4 - 1
For the Defense - Vol. 5, Issue 4 - 2
For the Defense - Vol. 5, Issue 4 - Contents
For the Defense - Vol. 5, Issue 4 - 4
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