Under the previous administration, the United States Department of Education published new Title IX Regulations that expanded due process protections for accused students at colleges and universities that accept federal funding. On March 8, 2021, President Biden issued an Executive Order that could roll back these newly-enhanced due process protections. The Order calls for newly appointed Secretary of Education Miguel Cardona, in consultation with Attorney General Merrick Garland, to review the new regulations to determine if they are inconsistent with his administration’s policy that “all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity.” Under the Order, the Secretary of Education and Attorney General are required to consider “suspending, revision, or rescinding” all agency actions inconsistent with this policy, including the new regulations. The review is to take place within 100 days of the order, but new guidance could come sooner. Review the March 8, 2021 Executive Order in full here, and the Title IX Final Rule here.
The 2020 Regulations have been under attack since the Final Rule was published. There are currently five lawsuits pending against The Department of Education challenging their implementation. Likewise, many colleges and universities are refusing to apply policies that provide accused students with basic constitutional protections while they are subject to a Title IX investigation or disciplinary proceeding. With these recent legal developments it is important to contact an experienced attorney if you have questions.
Dysart Willis Houchin & Hubbard has represented students at many UNC System schools as well as private colleges and universities across North Carolina. We have successfully assisted students navigating sexual assault allegations as well as other campus disciplinary proceedings, including COVID-19 policy violations.
If you are a student who has been accused of sexual misconduct by your College or University, you need experienced counsel who knows the law. Contact Meredith Hubbard to discuss how Dysart Willis Houchin & Hubbard can help you or your loved one facing any campus disciplinary proceeding.