Due Process and the Likely Gap in Your Title IX Investigation
Series: The Compliance Issues You Need to Know About Welcome to the third in this series. You can read the first two articles here: Daniel Fusch. Bev, thanks for joining me for this conversation. There have been several cases recently in which a judge has ruled against a post-secondary education in a suit brought to court by a student (or former student) accused of assault: the University of Southern California; University of Southern California, San Diego; the University of Tennessee at Chattanooga; and George Mason University, to name a few. In these cases, the judge cited the institution for lack of due process. I can’t help thinking that this may be just the crest of an oncoming wave of similar cases. Could you tell us a little about the need for due process in Title IX investigation? Bev Baligad. First and foremost, institutions must understand that the hallmark of due process is fairness: fairness for all parties, whether they be complainants or respondents. This isn’t just a best practice; institutions have to be fair. In fact, this isn’t just about a “need for due process in Title IX Investigation.” There is a need for due process to be embedded throughout an institution’s processes. Period. […]

