CAN COLLEGES Keep Up As Title IX Guidance Shifts And Splinters?
Colleges and universities have faced an avalanche of sexual assault lawsuits in recent years arguing that they botched cases in ways that have slighted both accusers of sexual misconduct and students accused of it.
The increase in cases comes as the legal outlook around Title IX, the federal law that governs sex discrimination on campuses, grows more complex. U.S. Secretary of Education Betsy DeVos has moved to replace guidance from the Obama administration that was credited with providing sexual assault survivors new protections, though critics claimed it flouted constitutional due process.
DeVos’ proposal on Title IX — a draft regulation that is expected to be finalized soon — will coincide with significant decisions in Title IX court cases nationwide that stand to change how institutions report and investigate sexual violence. The rules colleges must follow vary based on their location. As institutions of all sizes attempt to figure out whether and how their existing policies might put them at risk in a new and ever-changing legal and regulatory environment, more consultants could be drawn into the market. Jody Shipper, with the newly formed consulting firm Grand River Solutions said, “we have started to get court cases that are wildly divergent.” The flurry of court cases left colleges confused.
Universities have frequently hired external lawyers and retired judges to investigate accounts of sexual assault or run conduct hearings for these cases. Consulting work can be particularly lucrative, as Title IX-related lawsuits have accelerated. “Each (court) circuit is creating its own cottage industry, whether they realize it or not,” said Peter Lake, director of Stetson University’s Center for Excellence in Higher Education Law and Policy.
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