When it comes to campus disciplinary action, students have long faced an uphill battle laden with unclear procedural rules. A late 2018 Notice of Proposed Rulemaking from the U.S. Department of Education seeks to right those wrongs by clarifying the duties of colleges and universities, while also expanding the rights of students under Title IX of the Education Amendments of 1972.
Most significantly, the proposed Title IX rule changes and regulations would require higher education institutions to ensure due process for students facing campus disciplinary action, whether they’re accused of academic dishonesty, on-campus substance violations, or student-to-student conflict, such as sexual harassment or assault.
Students facing disciplinary charges would regain the right to due process, which would serve them in a few ways:
— They would be presumed innocent during the proceedings.
— They would have equal access to all evidence collected during the investigation to adequately prepare for the hearing.
— They would gain the right to cross-examine witnesses during a live hearing, although the actual questioning would be done by his or her advisor or attorney.
What’s to come of the proposed regulations is yet to be seen, but we’re certainly encouraged. As we await confirmation of the changes, campus misconduct proceedings may continue across the country without due process, which can have serious repercussions on a student’s life. That’s where our Campus Disciplinary Defense team comes in. We’ll stand by you and provide the support and advice you need to be heard and treated fairly.
Whether you’re a student, a parent, or a friend of someone facing campus disciplinary action, we’re here to help. Tap here to get in touch.
