ERIC Number: EJ1311489
Record Type: Journal
Publication Date: 2021-Aug-17
Pages: N/A
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-1938-5978
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Available Date: N/A
The Title IX Sleigh Ride
Barnico, Thomas A.
New England Journal of Higher Education, Aug 2021
The U.S. Department of Education is poised to reverse Trump-era rules governing claims of sexual misconduct on campus. One could forgive weary college counsel for a case of vertigo: The Trump rules themselves reversed the Obama rules, and Biden's 2021 nominee to enforce the rules--Catherine Lhamon--held the same office at the Education Department under Obama. In three years, the election of 2024 may bring yet another volte-face at the department. In the Title IX context, parties fiercely debate the adequacy of protections for complainants and respondents alike: Does the respondent have a right to confront and cross-examine the complainant? Does the respondent have a right to counsel in their meeting with student affairs personnel? Do colleges and universities have to abide by a common definition of "consent" to intimacy in their student conduct manuals? Biden's likely Title IX rules on student misconduct will pull college administrators to and fro again, on a new, hard ride.
Descriptors: Educational Legislation, Federal Legislation, Higher Education, Sexual Abuse, Federal State Relationship, College Administration, Politics of Education
New England Board of Higher Education. 45 Temple Place, Boston, MA 02111. Tel: 617-357-9620; Fax: 617-338-1577; e-mail: nejhe@nebhe.org; Web site: https://nebhe.org/nejhe/
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Higher Education Act Title IX
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