The Times -- They May Be Changin’ New Guidance Gives Hope For Anyone Accused of Sexual Assault or Harassment on a College Campus
For over 5 years, many families have been torn apart by disciplinary procedures at college
campuses that were driven by the U.S. Department of Education’s “policy guidance” on the
enforcement of a federal law known as “Title IX,” (20 USC sec 1681). On Friday, September 22,
2017, that guidance was withdrawn.
Download Guidance
The April, 2011 letter “guidance on sexual violence” was issued by the Office of Civil Rights
under the Obama administration. That document was followed 3 years later by an April, 2014
statement. The 2 documents had the effect of drastically changing the landscape of fighting
against a school’s efforts to discipline a student accused of sexual assault or a faculty member
or other “member of the campus community” accused of sexual harassment.
- Use of the Preponderance of the Evidence Standard to Discipline or Expel a Student
- Denial of Due Process Such as the Right to Cross Examine the Accuser
- Granting the Accuser Appellate Rights When the Process Determines No Assault/Violation Occurred
At issue for universities was whether federal funding would be jeopardized because of
violations of Title IX if the University was deemed to fail to pursue allegations of campus sexual
assault “aggressively enough.” Attorney Mike Nichols of East Lansing has handled many such
cases and thinks the question now is what will happen at Michigan’s largest university,
Michigan State University, in terms of implementing changes that result from withdrawal of the
previous guidance. Nichols can be reached at 517 432 9000 or mnichols@nicholslaw.net