The Office for Civil Rights of the U.S. Department of Education today released the long-awaited Title IX regulations regarding sexual assault in educational institutions. The unofficial version of the regulation, available here, is more than 2000 pages long. The official version will appear in the Federal Register soon.
The regulation contains provisions for both higher education and K-12 schools.
Among other provisions, the new regulations allows institutions to choose between "preponderance of the evidence" and "clear and convincing evidence" standards for sexual assault cases, provided that the standard applied in student cases is the same as that applied in cases against faculty/staff. See the rule's "Guiding Principles" document here.
Some institutions, such as Princeton University, have already released statements regarding the new rules. Princeton's statement says: "Over the coming weeks, the University will be carefully reviewing the new regulations and determining how to implement the new requirements in a way that best preserves our current system’s fairness, thoroughness, and sensitivity to the needs of all parties and witnesses. We will seek to share implementation plans broadly and to engage and seek input from the University community."
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