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New Title IX Sex Assault Rules released

deep_six

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Jun 18, 2008
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Released today, not yet effective (comment period ensues), but will be soon, and the rules walk back a lot of requirements from the Obama era rules. A lot of it was expected, like allowing cross-examination of the accuser, a presumption of innocence, etc. Surprisingly, the rules permit the schools to choose whether to use the preponderance or clear and convincing standard (not tough to guess which one the U will continue with). Seems like one big change, though, is the one quoted below -- which, IIRC, would NOT permit the U to adjudicate complaints like the ones against Reggie Lynch, which had nothing to do with the university other than one or more students was involved.

"In addition, the incident must have occurred within a school’s own programs or activities. That could include off-campus incidents if it were, for instance, in a building owned by the school, or at an event that the school funded, sponsored, promoted or endorsed."

https://www.washingtonpost.com/amph...a136d4-e962-11e8-a939-9469f1166f9d_story.html
 
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