Changes

For centuries, colleges and universities have had to deal with the sexual activities of students.  For most of this time, there were clear rules that were enforced by summary suspension from the school.  As colleges dropped ''in loco parentis'' policies toward student conduct since the 1960s, an increasing portion of the undergraduate students have become sexually active.  The problem arises when there are claims made after-the-fact that these encounters were not consentual.  Typically, the male student would be brought before a campus judicial system, where there is a presumption of innocence, and the female student would testify against him. In many cases, both were drunk and did not have clear memories of the episode.  Given the presumption of innocence and a requirement of proving the man guilty beyond a reasonable doubt, in a majority of cases, the male student would not be punished.  Feminists then lobbied the Department of Education to interpret such disciplinary procedures as depriving female students of their full educational opportunities in violation of Title IX.  The Department of Education calls romantic encounters that were later regretted "sexual violence."

For centuries, colleges and universities have had to deal with the sexual activities of students.  For most of this time, there were clear rules that were enforced by summary suspension from the school.  As colleges dropped ''in loco parentis'' policies toward student conduct since the 1960s, an increasing portion of the undergraduate students have become sexually active.  The problem arises when there are claims made after-the-fact that these encounters were not consentual.  Typically, the male student would be brought before a campus judicial system, where there is a presumption of innocence, and the female student would testify against him. In many cases, both were drunk and did not have clear memories of the episode.  Given the presumption of innocence and a requirement of proving the man guilty beyond a reasonable doubt, in a majority of cases, the male student would not be punished.  Feminists then lobbied the Department of Education to interpret such disciplinary procedures as depriving female students of their full educational opportunities in violation of Title IX.  The Department of Education calls romantic encounters that were later regretted "sexual violence."

On April 4, 2011, the Department of Education issued a "Dear Colleague Letter"<ref>http://www.ed.gov/ocr/letters/colleague-201104.html</ref> claiming that colleges that receive federal funds had a duty to respond to "sexual violence." The Department of Education expanded the scope of Title IX without issuing a rulemaking or seeking new authority from Congress.  On April 29, 2014, the Department of Education issued further guidance in the form of a 42-page question and answer sheet.<ref name=qa>https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf</ref> These documents take the position that Title IX protects LGTB students from harrassment:

On April 4, 2011, the Department of Education issued a "Dear Colleague Letter"<ref>http://www.ed.gov/ocr/letters/colleague-201104.html</ref> claiming that colleges that receive federal funds had a duty to respond to "sexual violence." The Department of Education expanded the scope of Title IX without issuing a rulemaking or seeking new authority from Congress.  On April 29, 2014, the Department of Education issued further guidance in the form of a 42-page question and answer sheet.<ref name=qa>https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf</ref> These documents take the position that Title IX protects LGTB students from harassment:

<blockquote>Title IX’s sex discrimination prohibition extends to claims of discrimination based on  

<blockquote>Title IX’s sex discrimination prohibition extends to claims of discrimination based on  

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 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.