Trump Administration’s Department of Education Contemplating Changes to Enforcement of Title IX as Applied to Sexual Misconduct
While the Department has refused to provide specifics about any future changes, many suspect that DeVos may attempt to roll back the Obama Administration’s 2011 “Dear Colleague Letter” guidance. One particular point of contention is the Letter’s mandate that schools use a “preponderance of the evidence” standard in Title IX sexual misconduct investigations-prior to the Letter, many schools used the higher “clear and convincing evidence” standard, which required a finding of high probability or reasonable certainty that sexual misconduct occurred. The recent comments by DeVos and Jackson suggest they may attempt to abandon the preponderance standard requirement. We can be sure, however, that such change will not occur without a fight.
Categorized: Sexual Misconduct