(Falls Church, VA) The Center for Equal Opportunity has launched a campaign to caution American colleges and universities against developing improper campus sexual misconduct regimes. The communication offers a number of best practices that schools should implement to align with judicial decisions that have been released affirming due process elements of the 2020 U.S. Department of Education Title IX regulation. These best practices relate to procedural due process, impartiality and bias, burdens of proof, standards of evidence, and the right to representation, live hearings, and final reports.
In the initial round of mailings, CEO has contacted one school in each of the federal judicial circuits including in the District of Columbia. CEO expects to substantially expand this campaign in subsequent rounds of mailings to reach dozens more top U.S. institutions.
CEO is pleased to be supported in this effort by allies with deep experience in Title IX and other civil rights issues. Our desire is that schools will heed our warning and take our advice on developing sexual misconduct procedures that both protect survivors of sexual misconduct and provide robust due process protections. At bottom, striking the appropriate balance delivers trustworthy, reliable, fair, and just results.
However, CEO and our allies will remain diligent in closely monitoring colleges and universities. We are committed to intervening whenever necessary to ensure schools are upholding their legal and ethical burdens to develop proper sexual misconduct procedures.
The Center for Equal Opportunity is a nonprofit, nonpartisan research and educational organization that studies issues relating to civil rights, race, and ethnicity nationwide.