The United States Department of Education’s new Title IX regulations finally have been implemented and offer much needed steps toward promoting fundamental fairness, consistency, and reliability in campus disciplinary proceedings. The regulations are rooted in the principle that Title IX, which applies to all educational institutions (public and private) that receive federal funding, protects access to education for all parties – complainants and respondents (i.e., the accused students), males and females – and that disciplinary proceedings should be fair to all. With these new and robust protections come potential perils that could undermine a just outcome.
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