KaiserDillon Submits Comments on the Education Department’s Proposed Changes to Title IX Grievance Proceedings
The Department of Education has received over 100,000 responses to its proposed new rules on how college campuses should handle cases of sexual assault. On January 30, 2019, KaiserDillon—which is widely recognized as one of the country’s leading Title IX firms and which has represented more than 100 students in such matters at schools nationwide—submitted its own comments on the proposed regulations.
The firm’s comments recognize that the proposed regulations constitute an enormous step towards restoring fairness in Title IX proceedings and hope that the Department will go still further in those efforts.
The firm’s comments applaud the proposed new rules’ enhanced procedural protections, which would include more robust notice requirements, a live hearing, and cross-examination by a party’s advisor. But, it argues, the Department should mandate the higher, clear-and-convincing-evidence burden of proof in these cases, rather the far lower “preponderance” standard previously required by the Obama Administration and still in wide use. The firm also asks the Department, among other things, to take stronger steps to ensure that the hearing panels who decide these cases are trained in an unbiased manner, which is unfortunately all too rare in the current environment.
For the firm’s full comments, click here.