Ensuring Fairness for Students: Due Process in Title IX Sexual Harassment Cases.
This bill mandates standardized due process protections for all parties involved in sexual harassment grievance proceedings at schools and universities under Title IX. It ensures equal rights for both the complainant and the respondent, including the right to an advisor, evidence review, and protection against bias. The goal is to make institutional investigations fairer and more reliable.
Key points
Establishes a presumption that the respondent is not responsible; the educational institution bears the burden of proof.
Both parties must receive written notice, equal opportunity to select an advisor, and equal access to submit and review evidence.
Postsecondary institutions must hold live hearings allowing cross-examination conducted by advisors, not the parties themselves.
Requires separation of roles: the investigator, the decision-maker, and the Title IX Coordinator must be different, unbiased individuals.
Expired
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