NEW TITLE IX Rules Allow Students Accused of Sex Assault to Question Accusers
Secretary of Education Betsy DeVos is expected to issue new Title IX guidelines in November mandating that college students accused of sexual assault be given the opportunity to question their accuser, among other reforms designed to bolster the due-process rights of the accused. Under the revised Title IX guidelines, universities must afford accused students the right to question their accuser, though the questions can be communicated through a neutral third party and the two parties never have to face each other in the same room. The rule changes, will be subject to Congress’ mandated public-comment period before taking effect. This public comment period is welcomed, as former President Obama turned a blind eye to this mandate, and released his pro-accuser anti-due process Title IX guidelines without adhering to the Administrative Procedure Act. “Courts have recognized that cross-examination is an essential part of the process of figuring out the truth in cases where credibility is a factor,” said Joe Cohn, legislative and policy director at the Foundation for Individual Rights in Education, which advocates for more due process for those accused of campus sexual assault.
nationalreview By Jack Crowe wsj.com By Michele Hackman
