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Thursday, Feb. 15th 2018

Handling of Allegations of Title IX Sexual Misconduct

“In September of 2017, Secretary of Education Betsy DeVos published a new Interim Guidance Press Release and  released a new interim “Q & A on Campus Sexual Misconduct” designed to serve as guidance for schools’ handling of allegations of Title IX sexual misconduct; the links to these documents are below.  Secretary DeVos also announced that the U.S. Department of Education was withdrawing the infamous “Dear Colleague” letter of April 4, 2011 and the “Questions and Answers” document regarding Title IX sexual misconduct dated April 29, 2014 which were issued by then-Assistant Secretary of Education Catherine Lhamon, who no longer works for the U.S. Department of Education.  The new guidance from the U.S. Department of Education regarding campus Title IX sexual misconduct allegations, investigations and adjudications is intended to ensure that the student accused of Title IX sexual misconduct has the same procedural rights as his or her accuser.

 

“Washington — Building on her remarks from September 7, 2017, regarding the Department’s commitment to protecting all students from discrimination, today U.S. Secretary of Education Betsy DeVos announced the release of a new interim Q&A for schools on how to investigate and adjudicate allegations of campus sexual misconduct under federal law.

“This interim guidance will help schools as they work to combat sexual misconduct and will treat all students fairly,” said DeVos. “Schools must continue to confront these horrific crimes and behaviors head-on. There will be no more sweeping them under the rug. But the process also must be fair and impartial, giving everyone more confidence in its outcomes.”” – read the complete article – https://www.ed.gov/news/press-releases/department-education-issues-new-interim-guidance-campus-sexual-misconduct

“Q&A on Campus Sexual Misconduct
Under Title IX of the Education Amendments of 1972 and its implementing regulations, an institution that
receives federal funds must ensure that no student suffers a deprivation of her or his access to educational
opportunities on the basis of sex. The Department of Education intends to engage in rulemaking on the topic of
schools’ Title IX responsibilities concerning complaints of sexual misconduct, including peer-on-peer sexual
harassment and sexual violence.” – read the complete article – https://www2.ed.gov/about/offices/list/ocr/docs/qa-title-ix-201709.pdf   


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