Biden’s Rule Change Will Let Colleges Hide Evidence

( The Biden administration took a step toward revitalizing the Title IX strategy by establishing rules on college sexual misconduct cases and sexual harassment that would make most of Obama’s agency guidelines legally binding.

Reports show that Title IX rulemaking from the Trump administration, finalized nearly two years ago, is being changed. The changes include restoring a lower default standard for evidence.  It eliminates the need for live hearings, cross-examination, and access to evidence. It allows colleges to use the “single investigator” model, in which one person conducts the investigation and determines guilt or innocence.

By reducing the bar below which universities must respond to claims, the action would also broaden the scope of Title IX investigations.

All of them would have the effect of tipping the scales back in favor of students who make sexual misconduct allegations, but they might run into trouble in federal appeals courts that have ruled against colleges for procedural violations and anti-male bias that may have been brought on by Obama’s directives.

According to investigative reports, the suggested change would reverse the Trump approach to evidence, which allows institutions to utilize the stricter “clear and convincing” threshold for sexual assault cases while keeping “preponderance” —also known as “Fifty percent plus a feather” — for less serious allegations.

According to Andrew Miltenberg, one of the most well-known attorneys for accused students, the new regulation is a tremendous setback for the due process rights of all students.  It would lead to an increase in misconduct accusations. He recently prevailed in a highly uncommon state court case against a private institution that didn’t rely on a Title IX claim or a contract violation.

Further, reporting shows that in reference to transgender students who identify as the opposite sex, the Department of Education stated that it would publish a separate notice of proposed rulemaking.  The rule will encompass whether and how Title IX should address students’ eligibility to participate on a specific male or female athletic team.

Following its publication in the Federal Register, the 701-page proposed “sexual misconduct”  rule will be open for comments for sixty days. The agency has released a four-page information sheet outlining key provisions.

Heaven must help the innocent because the government surely will not.