Due Process Rights of

Students & Title IX

Jeff Lowe
1 in 4 to 1 in 5 women will
experience sexual violence or
attempted sexual violence during
their time at college.
In 2011, the Office for Civil Rights
sent the “Dear Colleague Letter”
to all universities receiving
federal funding to help combat
campus sexual assault.
DCL Procedural Changes

1. Use of a preponderance of evidence as only acceptable standard

2. Strongly advises against cross examination

3. Allows both sides to fill appeals

Many groups, particularly legal
scholars and activists, have been
critical of the DCL and cite the due
process violations that occur
during Title IX investigations.
5th and 14th Amendment Violations

● Respondents have a lot at stake in Title IX investigations

● Using a preponderance of evidence standard is too low
● A clear and convincing standard of evidence is used in criminal
trials
● Removal of cross examination is also not comparable to criminal
trials
What is the intent of Title IX and
its section pertaining to sexual
violence? Is this undermined
when students due process right
are not carried into proceedings?
 Intent of Title IX
“The Supreme Court has succinctly stated the purpose of Title IX to be twofold: (1) to avoid the
use of federal funds to support discriminatory practices and (2) to provide effective protection
against those practices to individual citizens” (Hendrix).
Intent of Sexual Violence
Prevention

“respond to and prevent sexual harassment and violence that has the potential
to create a hostile environment” (Ellman-Golan).

Outcomes when students Outcomes when students

are granted due process are not granted due process
rights rights

Clear and Cross Both sides can Elimination of cross Restriction

Preponderance
convincing examination make appeals examination of appeals
Plan For Research

● Extensive reading of primary and secondary sources

● Determine the intent of Title IX as a whole
● How the section pertaining to sexual violence fulfills this intent
● Determine responsibilities schools have to their students in
relation to Title IX
● Does the removal of due process undermines these intents
Intended Outcome

● Outline the multiple paths that Title IX sexual violence policy

can take depending on changes in implementation
● How does the implementation of procedures have the ability to
change, enhance, or undermine Title IX sexual violence policy
Contribution to Field of Research
● Compile and assess the different arguments made for and
against Title IX reform
● Holistic view about the effects of different policy changes
within Title IX policy
● Produce a way for the U.S. Department of Education and
universities to work together to create policy that is just and
viable within the scope of both institutions
Questions?
Bibliography
Caldwell, Sheridan. 2017. "OCR'S BIND: ADMINISTRATIVE RULEMAKING AND CAMPUS SEXUAL ASSAULT
PROTECTIONS." Northwestern University Law Review 112, no. 3: 453-486. Academic Search Complete, EBSCOhost
(accessed February 21, 2018).

"Dear Colleague Letter." U. S. Department of Education,

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104_pg5.html. Accessed 13 Mar. 2018.

Ellman-Golan, Emma. 2017. "SAVING TITLE IX: DESIGNING MORE EQUITABLE AND EFFICIENT INVESTIGATION
PROCEDURES." Michigan Law Review 116, no. 1: 155-186. Academic Search Complete, EBSCOhost (accessed February 21,
2018).

Hendrix, Barclay Sutton. 2012. "A FEATHER ON ONE SIDE, A BRICK ON THE OTHER: TILTING THE SCALE AGAINST
MALES ACCUSED OF SEXUAL ASSAULT IN CAMPUS DISCIPLINARY PROCEEDINGS." Georgia Law Review 47, no. 2:
591-621. Academic Search Complete, EBSCOhost (accessed February 21, 2018).

Lave, Tamara Rice. 2016. "Campus Sexual Assault Adjudication: Why Universities Should Reject the Dear Colleague Letter."
Kansas Law Review 64, no. 4: 915-962. Academic Search Complete, EBSCOhost (accessed February 21, 2018)