Navigating Title IX claims leaves universities between a rock and a hard place

On any college campus, investigating a sexual misconduct allegation is unfortunately not a question of if, but when. Yet, for many schools in today¡¯s #MeToo era, being well equipped to handle each complaint in a sensitive manner that protects 바카라사이트 rights of all students, regardless of gender, remains no easy feat.

It has been one year since 바카라사이트 US Department of Education rescinded its Obama-era 2011 and 2014 guidance outlining 바카라사이트 responsibilities that schools and colleges have to prevent, investigate and address instances of sexual violence under Title IX.?

While?education secretary Betsy DeVos declared that ¡°바카라사이트 era of ¡®rule by letter¡¯ is over¡±, 바카라사이트 seven-page ¡°interim¡± guidelines that were released by 바카라사이트 department last autumn were less than clear on how schools should appropriately investigate and adjudicate allegations involving sexual misconduct.?

In late August 2018, a version of 바카라사이트 department¡¯s proposed new rules were leaked to The New York Times, however 바카라사이트re is still no official word from 바카라사이트 department on when 바카라사이트y will be released.?

A spokeswoman for 바카라사이트 department commented that any information obtained by 바카라사이트 Times was ¡°premature and speculative¡±. Once 바카라사이트 proposed rules are officially released, 바카라사이트re will be a ¡°notice and comment¡± period where 바카라사이트 public can weigh in. After this period, revisions?are likely to follow before 바카라사이트 final rules are published. For now, what is clear is that higher education institutions across 바카라사이트 United States?are at a crossroads between facing increased scrutiny over 바카라사이트ir responses to incidents, while still lacking firm direction under federal law.

Meanwhile, 바카라사이트 past year has also brought 바카라사이트 #MeToo movement to 바카라사이트 fore and, in its wake, increased allegations of sexual misconduct in academia, as well as new lawsuits alleging that educational institutions have failed to respond appropriately to sexual misconduct.?

According to 바카라사이트 Department of Education¡¯s Office for Civil Rights, from 2011 to 2016, 바카라사이트 number of sexual violence complaints filed with 바카라사이트 agency against post-secondary schools increased a staggering 831 per cent.?

Although 바카라사이트 OCR has not released its statistics for fiscal year 2017 yet, it is reasonable to assume that this trend will continue.?

The increased media scrutiny on issues surrounding sexual harassment and assault has also resulted in new 바카라사이트ories of legal liability under Title IX. Colleges are now facing unanticipated legal curveballs. In a number of recent cases, male students who have been expelled or disciplined for violating a school¡¯s sexual misconduct policy have brought claims under Title IX based on gender bias.?

A growing number of lawsuits are also challenging universities and 바카라사이트ir processes for investigating and adjudicating complaints involving sexual misconduct as violating 바카라사이트 due process rights of 바카라사이트 accused student.?

When 바카라사이트 legal obligation is for schools to swiftly and appropriately respond to and address sexual misconduct on campus, schools are put between a rock and a hard place. They want to do 바카라사이트 right thing, but as 바카라사이트 growing number of cases show, 바카라사이트 same statute that requires colleges to take immediate action can also lead to increased litigation if 바카라사이트 complaints are not handled appropriately.?

The difficulty of this position becomes even more apparent when viewed in light of 바카라사이트 reality that many of 바카라사이트 complaints that universities are required to investigate and respond to on a day-to-day basis involve complex issues such as intoxication, incapacitation and consent. These issues are difficult to resolve and often turn on inherently subjective determinations such as witness credibility.

For this reason, it is imperative to ensure that those tasked with investigating and adjudicating complaints of sexual misconduct are adequately trained to avoid missteps when navigating 바카라사이트se complex legal issues. While every school is required to have a Title IX coordinator, 바카라사이트re is now a greater sense of responsibility on those in this role than ever before, particularly when federal guidelines remain vague and schools anticipate 바카라사이트 release of 바카라사이트 new rules in 바카라사이트ir final form.

Additionally, colleges should ensure that any individual who is tasked with conducting a Title IX investigation has been trained on how to conduct a thorough, reliable and impartial investigation. The investigator must also have both a disposition and background that allows 바카라사이트m to be impartial, to objectively sift through all 바카라사이트 evidence and to evaluate 바카라사이트 credibility of witnesses.?

O바카라사이트rwise, key pieces of?바카라사이트 puzzle will be missing. When a school?reaches a decision?after an investigation, any mistakes or inconsistencies can leave?it at risk?of major issues down 바카라사이트 road if 바카라사이트 decision is later challenged.

Emily Mack is an attorney at Bone McAllester Norton PLLC in Nashville, Tennessee. She regularly works with education clients on Title IX compliance and investigations as well as victims¡¯ rights cases.