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Title IX Sexual Violence Update

Posted by [email protected] on 10/13/2017 12:00 am

The guidance is in advance of rulemaking by the Department on Title IX responsibilities arising from complaints of sexual misconduct. In announcing the new guidance, the Department also withdrew the Dear Colleague Letter on Sexual Violence dated April 4, 2011, and the Questions and Answers on Title IX Sexual Violence dated April 29, 2014. The new FAQ addresses appears to maintain the severe, persistent or pervasive enforcement standard, but states a new evidentiary standard. "Schools have the discretion to apply either the preponderance of the evidence standard or the clear and convincing evidence standard" in determining whether sexual misconduct occurred. According to the Department's media release, the letter rescinding previous guidance does not "add legal requirements" to fund recipients and does not limit the right of persons to file Title IX complaints.