The Biden administration on Thursday proposed major changes to Title IX that would make it easier for victims of sexual harassment to report possible harm and expands protections to students based on sexual orientation and gender identity, reversing many of the current regulations created by former president Trump. The new rule expands the definition of sexual harassment that was narrowed by the Trump administration as well as throwing out requirements for in-person hearings and cross-examinations. “This is very much a step forward—it has more robust provisions for both complainants and respondents and more specific responsibilities for institutions,” said S. Daniel Carter, president of Safety Advisors for Educational Campuses...
Full story at https://www.insidehighered.com/news/2022/06/24/biden-expands-protections-sexual-harassment-lgbtq-students.
We have said it before* and we'll say it again. No matter what rules are adopted by the federal government, courts will look for due process. That's their culture. UC and many other universities that have union-represented employees already have a model of dispute resolution to which courts generally defer: grievance arbitration for employees. A key element in such systems is that if the matter cannot be settled, it goes to an outside neutral professional arbitrator for a final and binding ruling. Such arbitrators are skilled in conducting hearings, evaluating witnesses and evidence, and generally providing due process. If UC modeled its Title IX process on its already-existing grievance arbitration process, it will essentially insulate its procedures from external court review. It doesn't have to wait for new rules to be enacted the federal authorities.
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*http://uclafacultyassociation.blogspot.com/2022/01/courts-look-for-due-process-in-title-ix.html.
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