For the Defense - Vol. 7, Issue 3 - 38

Title IX on College Campuses: A
Constellation of Legal Challenges
Lorie K. Dakessian and
Patricia M. Hamill
S
tudents involved in Title IX disciplinary proceedings
and facing allegations of sexual misconduct or
harassment on college campuses often encounter a
constellation of legal challenges.1
It's not just the challenge
of defending against a Title IX complaint in the campus
disciplinary setting. The accused student may have to
defend him or herself on multiple fronts, and there are
unique strategy decisions as a result. Why is this? Because
the complainant (the student making the accusations)
may file a Title IX complaint against a respondent (the
accused student) with the college, file a police report
about the respondent's alleged misconduct, and/or seek
a Protection from Abuse (PFA) order,2
all within a few
days, creating a triad of interrelated legal issues. And,
while greater uniform protections in Title IX campus
disciplinary processes3
arrived with the implementation
of the Department of Education's Title IX regulations in
2020,4
38 For The Defense l Vol. 7, Issue 3
colleges have found ways permitted by those same
As we discussed in our last article in For The Defense,5
the processes that were established by the Department of
regulations to limit the rights afforded to their students
by shuttling matters into non-Title IX proceedings usually
with fewer protections for accused students. This already
complicated terrain is likely to worsen, as the Department
of Education's recently proposed Title IX regulations,
if enacted as written, give permission to universities to
strip students of important procedural rights they have
under the current regulations, including the right to a
live hearing with direct cross examination. Understanding
these considerations, as well as having a thorough
understanding of a college's Title IX and related policies
and the current and forthcoming Title IX regulations, is
critical to navigating this terrain.
Background

For the Defense - Vol. 7, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 7, Issue 3

Contents
For the Defense - Vol. 7, Issue 3 - 1
For the Defense - Vol. 7, Issue 3 - 2
For the Defense - Vol. 7, Issue 3 - Contents
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