Law in the news.

Title IX Regulations Provide Mandatory Cross-Examination During Hearings Regarding Sexual Harassment On Campus

On May 6, 2020, The United States Department of Education issued the final rule describing the new regulations governing institutional response to sexual harassment and assault allegations under Title IX.

The new regulations impose a number of requirements that will significantly affect the way educational institutions respond to complaints of sexual harassment on campus.

One of the most predominant changes involves the new requirement that post-secondary institutions must now conduct a live Title IX hearing, which will include the opportunity for cross-examination of all witnesses by each party’s advocate.  This is in stark contrast to the previous “single-investigator” model to resolve complaints.  Moreover, the regulations prevent the presiding decision-maker from relying on any statement by any party or witness who refuses to submit to a cross examination in reaching its determination.  The school is required to provide an advisor to conduct the cross-examination, free of any charge to either party to the complaint.

Jones, Gregg, Creehan & Gerace, is poised to advise clients on all aspects of the Final Title IX Regulations as well as other school related matters.  Please contact John Corcoran, Esq. at (412) 261-6400 or jpc@jgcg.com to answer an questions or concerns that you may have about the Title IX investigation process.

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