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Monday, Apr. 15th 2019

TITLE IX SEXUAL MISCONDUCT UPDATE

As briefly mentioned in a January 25, 2019, posting on this site, proposed legislation has been introduced in the Missouri Legislature relating to Title IX Sexual Misconduct Complaints and Due Process. The proposed legislation restores the rights of the accused in Title IX Complaints and Due Process matters, which since 2011 (and likely well before) have been skewed heavily in favor of accusers.

Specifically, the proposed Missouri legislation would codify the following due process protections in Missouri law:

  • Any student facing a formal Title IX Sexual Misconduct Complaint would have the right to request a hearing regarding the Title IX Complaint before the Missouri Administrative Hearing Commission (AHC).
  • The AHC would assign a hearing officer to hear the case within ten days.
  • The procedures used in administrative actions in Missouri would apply to the proceeding, and the student, accuser and school would all present evidence at a hearing.
  • The accuser and accused would have the same rights to discovery (i.e. discovering the facts and documents the other side has or may have) as a party to a civil lawsuit in Missouri.
  • The AHC would issue its findings and decision within sixty days after the hearing.
  • Accused students found guilty in campus Title IX Sexual Misconduct Complaint proceedings could file an appeal with the AHC and be entitled to the same process described above.
  • Schools would also be required to provide adequate due process protections to accused students in Title IX Sexual Misconduct Complaints and Due Process matters; these proposed requirements will be discussed in a later post on this site.

The above requirements would apply to institutes of higher education in Missouri that receive state funds or any public benefit.

This proposed legislation is a step in the right direction to restoring rights to students facing issues regarding Title IX Sexual Misconduct Complaints and Due Process. Hopefully, it will be passed and signed into law in Missouri and emulated in other states.  

If you have been accused of a Title IX Sexual Misconduct violation, please contact me. 

 

CLIFFORD A. COHEN, STUDENT RIGHTS LAWYER 

913 345-2555

EMAIL: cac@ksmolaw.com  

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Overland Park, KS 66211

 


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