A coalition of activist organizations is mounting a legal challenge against a new Title IX rule affecting over 600 colleges across the nation. The rule, which went into effect in August 2020, aims to streamline the process for handling sexual misconduct allegations on college campuses, but critics argue it unfairly favors accused individuals and hinders the ability of survivors to seek justice.
The rule, under the Trump administration, shifts the burden of proof in disciplinary proceedings, requiring a “preponderance of the evidence” standard, rather than the previously used “clear and convincing evidence” standard. It also mandates a live hearing for both the accuser and accused, a provision which critics argue can be intimidating for survivors who have already endured trauma.
The legal challenges, filed in federal courts, argue that the new rule violates the rights of students who have experienced sexual assault and harassment. They claim that the rule’s stricter standards and procedural changes make it significantly more difficult for survivors to achieve justice and hold their attackers accountable.
“This rule is a huge setback for survivors of sexual assault,” stated one of the leading activists involved in the legal challenge. “It puts the burden on survivors to prove their case, while making it easier for perpetrators to escape accountability. We are determined to fight for the rights of survivors and ensure that they are not silenced or marginalized.”
The legal battle promises to be lengthy and complex. It remains to be seen whether the courts will uphold the new rule or side with the activist groups seeking to overturn it. The outcome of this case will have significant implications for how colleges and universities handle sexual misconduct allegations in the future.
