NAICU Washington Update

Education Department Suspends Enforcement of Title IX Provision

August 26, 2021

The Department of Education announced this week that it will halt enforcement of a provision in the Title IX sexual harassment regulations that prohibits the decision-maker in a Title IX hearing from relying on statements that are not subject to cross-examination.

The Department’s decision to suspend enforcement of the provision comes in response to a federal court ruling last month which invalidated the provision in question.

According to the Department, “a decision-maker at a postsecondary institution may now consider statements made by parties or witnesses that are otherwise permitted under the regulations, even if those parties or witnesses do not participate in cross-examination at the live hearing.”

Examples of statements that may be considered when determining responsibility include oral statements, email or text exchanges, police reports, medical reports, and other documents, regardless of whether the parties or witnesses submit to cross-examination at the live hearing required under the regulations.

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