Changes

gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation. Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations.  Indeed, lesbian, gay, bisexual, and transgender (LGBT) youth report high rates of sexual harassment and sexual violence.  A school should investigate and resolve allegations of sexual violence regarding LGBT students using the same procedures and standards that it uses in all complaints involving sexual violence. <ref name=qa/></blockquote>

gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation. Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations.  Indeed, lesbian, gay, bisexual, and transgender (LGBT) youth report high rates of sexual harassment and sexual violence.  A school should investigate and resolve allegations of sexual violence regarding LGBT students using the same procedures and standards that it uses in all complaints involving sexual violence. <ref name=qa/></blockquote>

With respect to any student-on-student complaint, the school "must use a preponderance-of-the-evidence (i.e., more likely than not) standard in any Title IX proceedings, including any fact-finding and hearings."<ref name=qa/>  So, even if a school has a long-standing tradition of presuming the accused to be innocent and requiring proof beyond a reasonable doubt, the Department of Education's interpretation of Title IX is making it much easier to find that the male should be punished.  In fact, the Title IX procedures requires the college to take steps against the accused while the proceeding is pending so as to avoid the student filing from the complaint to feel exposed to potential harassment from the accused.

With respect to any student-on-student complaint, the school "must use a preponderance-of-the-evidence (i.e., more likely than not) standard in any Title IX proceedings, including any fact-finding and hearings."<ref name=qa/>  So, even if a school has a long-standing tradition of presuming the accused to be innocent and requiring proof beyond a reasonable doubt, the Department of Education's interpretation of Title IX is making it much easier to find that the male should be punished.  In fact, the Title IX procedures requires the college to take steps against the accused while the proceeding is pending so as to avoid the student filing the complaint to feel exposed to potential harassment from the accused.

Since none of this has been adopted as official regulation, it can be easily reversed by the Trump Administration.  Also the accused male students have every incentive to allege that the woman had subjected him to sexual violence.  Cases that were quietly resolved by campus judicial systems before this expansion of Title IX, now frequently result in extensive litigation.

Since none of this has been adopted as official regulation, it can be easily reversed by the Trump Administration.  Also the accused male students have every incentive to allege that the woman had subjected him to sexual violence.  Cases that were quietly resolved by campus judicial systems before this expansion of Title IX, now frequently result in extensive litigation.