NEW TITLE IX Regulations Are Coming. FIRE’s Newest Report Shows Why Reform Is Desperately Needed.
Innocent until proven guilty? Not on college campuses.
- REPORT: 7 in 10 top universities do not expressly guarantee the presumption of innocence in campus sexual misconduct proceedings.
- ZERO surveyed institutions guarantee all basic due process protections, or even those required under the Department of Education’s proposed Title IX regulations.
- Almost 9 in 10 universities earned a D or an F for sexual misconduct policies; proposed regulations would raise grades to C or better.
Top universities fail to provide students accused of campus misconduct with fair procedures, according to a new report from the Foundation for Individual Rights in Education. With new Department of Education regulations on Title IX enforcement expected soon, FIRE’s report shows that colleges currently fail to provide students with even the most basic due process protections. This means that many colleges’ policies may have to be revised significantly after the regulations go into effect.
“Spotlight on Due Process 2019–2020” examines policies at 53 top national universities to see how many of 10 fundamental procedural safeguards they guarantee students. These include basic protections familiar to all Americans, such as the presumption of innocence, the right to impartial fact-finders, and the right to appeal. Of the 53 universities studied, 49 receive an overall D or F grade for guaranteeing no more than 4 of those 10 safeguards.
“Spotlight on Due Process 2019–2020” can be read in full on FIRE’s website. For more information about FIRE’s student survey, see “Proceeding Accordingly: What Students Think about Due Process on Campus.”
thefire.org-Press Release