Biden’s Education Department Won’t Enforce a Key Due Process Protection for Students Accused of Sexual Assault

The Department of Education announced it would stop enforcing a Trump administration rule designed to protect those accused of sexual assault on college campuses.

A district court in Massachusetts upheld most of the Title IX 2020 amendments in a July ruling, maintaining new regulations related to public institutions managing allegations of harassment, assault, violence, and more. Although, the court struck down one procedural regulation related to what evidence a “Decision-Maker,” or the employee who is designated to adjudicate the case, may consider in making rulings.

Following the court ruling and a letter from the Department of Education on Tuesday, the chosen adjudicator can now consider emails and texts between the parties and witnesses, police reports and medical reports, regardless of cross-examination status at the live hearing.

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