Title IX of the Education Amendments of is a federal law that has a big impact on colleges and universities across the country. While one key purpose of Title IX is to prevent sex discrimination in higher education, it also has sweeping implications concerning how schools handle allegations of sexual harassment, sexual assault and other forms of sexual misconduct. Every college that accepts federal funding β whether public or private β must comply with Title IX.
When allegations of sexual misconduct arise in college settings, schools must follow Title IX-compliant policies for investigating the allegations and pursuing the student discipline process. The reality, though, is that you have far fewer rights in Title IX proceedings than you would in the criminal justice system. The burden of proof is much lower β meaning it will be much easier for school officials to find against you and impose harsh sanctions. Those facing criminal charges for alleged sex offenses have a whole slew of rights.
They have constitutional rights that limit the power and reach of the government. They have the right a presumption of innocence until proven guilty. This standard places a high demand on the prosecution to present compelling evidence. Allegations of sexual misconduct through Title IX, however, are handled very differently. Evidence that would get thrown out of criminal court could still be used against you. The preponderance of the evidence standard is the lowest burden of proof available to a trier of fact, be it a judge, jury, or school administration.
Now more than ever, sexual assault on college campuses has taken a front seat in the public dialogue. The metoo movement has brought a renewed focus on holding alleged perpetrators accountable. While the desire to prevent sexual violence is certainly laudable, the downside is that fairness, due process and the rights of the accused often fall by the wayside. Many are quick to rush to judgment and side with the accuser, even if the complaint is without basis. Ordinarily, citizens accused of serious crimes like sexual assault will be charged by the state with a misdemeanor or felony offense.
The burden of proof will be guilt beyond a reasonable doubt. The prosecutor will be required to gather sufficient evidence proving guilt in a public court of law. In Title IX cases, however, the school administration β through the Title IX Coordinator β is responsible for investigating accusations of sexual assault, sexual harassment or other violations of the student code of conduct.
