POSITIVE NEWS. Lawmakers Propose Changes to Title IX Process

Sen. Gary Romine’s Senate Bill 259 and Rep. Dean Dohrman’s House Bill 573 would allow students involved in Title IX complaints to receive a hearing before the State of Missouri Administrative Hearing Commission, which describes itself as a “neutral and independent hearing officer for the state.” “The purpose of the bill is to create balance between the accused and the accuser, to make sure there’s a good process in which both sides can be heard without either party’s credibility or life being ruined,” Senator Romine said. The bill follows a theme set by federal Secretary of Education Betsy DeVos, who has proposed changes to the Title IX process. Among other key elements of the bill:

• Universities would be required to expedite hearings for students if the investigation and resolution of the complaint deprives their education.
• Those accused would be provided with the identities of the parties and known witnesses and would have the opportunity to cross-examine parties and witnesses.
• Denial of appropriate due process in a Title IX complaint would be considered a “breach of contract between the student and the university,” potentially resulting in a $250,000 fine for the institution.
• If someone is found to have made a false complaint, the accused has the right to seek actual and punitive damages.

The House version of the bill would also “ensure that all parties use the terms ‘complainant’ and ‘respondent’ and refrain from using the term ‘survivor’ or any other term that presumes guilt before an actual finding of guilt.” “The problem is that a lot of times the accused does not have a proper recourse through the system,” Romine said. “And we want to make sure that if there isn’t a proper recourse, that the institution that’s supposed to be upholding Title IX is held accountable for it.” When asked what motivated him to propose the legislation, Romine said the bill came from conversations he had with people who had “experience in the situation.”

columbiamissourian By A. LEWIS & N. Vyhovsky