Sexual Misconduct on College Campuses in Academic Year 2020-2021: Complying with the DOE's May 6, 2020 Final Regulations
Duration: 90 minutes
Speaker: Dr. Jim Castagnera, Esq.
Webinar Description
Almost unnoticed in the midst of the COVID-19 Pandemic, while most college campuses were closed, on May 6, the U.S. Department of Education’s long-awaited final Title IX regulations were released with minimal fanfare. Release of the regs came 18 months after they were first published in the Federal Register, eliciting a gargantuan 124,000 public comments.
While focused on higher education, the regulations apply to the K-12 world as well. At all levels of the American educational community they have sparked controversy and debate. Some are applauding the enhanced due-process protections for alleged perpetrators, while others condemn what they consider to be a watering down of victims’ rights.
Like them or not, if your institution is covered, you need to have the regulations implemented by August 14th. And with many universities opening early in anticipation of a possible late fall recurrence of coronavirus, that deadline is none too soon. All covered institutions need to revise their sexual-harassment/sexual-assault policies to reflect the new regulations. Additionally, how complaints are investigated and adjudicated must undergo a serious reevaluation and reconfiguration.
Agenda
Changes wrought by the new final regs include:
- A narrowed definition of “sexual harassment”
- New limits on the circumstances under which a school needs to respond to an allegation of sexual misconduct
- The presumption of innocence with regard to the accused
- Equal access for the accused to evidence supporting all allegations
- Institutional discretion as to the standard of proof to be applied to all such cases
- Prohibition of the single-investigator approach
- Live hearings with a right of cross examination
Logistics
- 90-minute webinar (Travel-Free) delivered over the Internet.
- Unlimited listeners per connection - bring the entire department.
- Q&A session with the expert.
This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.