On Nov. 29, 2018, the Department of Education proposed new Title IX rules regarding how schools handle allegations of sexual misconduct. These rules were formally published in the U.S. Federal Register. The proposed changes follow a formal rulemaking process through which the public has 60 days to offer comments.
University administrators will review the proposed regulations and will submit comments on behalf of the University to the Department of Education.
The proposed regulations include:
- The definition of sexual harassment would be “conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct; or unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.”
- An investigation of sexual misconduct would be limited to cases in which there are formal complaints and the alleged incidents happen on campus or within an educational program or activity.
- Schools would be required to permit cross-examination between both parties through an adviser once a report has been filed and the complaint is being adjudicated.
- Schools would have the option of determining which standard of proof to use when deciding whether sexual misconduct occurred: a “preponderance of the evidence” standard; or a “clear and convincing evidence” threshold.
After the comment period, department officials are expected to respond to each comment before the new regulations go into effect. Any new regulations will require compliance by higher education institutions, including the University of Miami.
Regardless of the ruling, the University of Miami will continue to foster an environment in which its students, faculty, and staff are free from sexual misconduct and other illegal discriminatory practices. You may submit public comments about the proposed rules here on or before Jan. 28, 2019.
