The new rules allow students to be found guilty of assaulting a classmate without ever seeing the full evidence against them.
the Biden administration unveiled final Title IX regulations, nearly two years after the administration proposed dramatic changes to how colleges handle sexual assault allegations. The new rules largely mirror proposed regulations released last year and will effectively reversing Trump-era due process reforms.
According to the final regulations, accused students will lose their right to a guaranteed live hearing with the opportunity to have a representative cross-examine their accuser. This is accompanied by a return to the “single-investigator model,” which allows a single administrator to investigate and decide the outcome of a case.
Further, under the new rules, most schools will be required to use the “preponderance of the evidence” standard, which directs administrators to find a student responsible if just 51 percent of the evidence points to their guilt. Schools are also no longer required to provide accused students with the full content of the evidence against them. Instead, universities are only bound to provide students with a description of the “relevant evidence,” which may be provided “orally” rather than in writing.
This is a stunning rollback of due process rights for accused students. Under the new regulations, a student can be found responsible for sexually assaulting a classmate because a single administrator believed there was a 51 percent chance he had committed the assault, and this conclusion can be reached without ever allowing the accused student to know the full evidence against him or providing a hearing during which he could defend himself.
