The new rules allow students to be found guilty of assaulting a classmate without ever seeing the full evidence against them.
by Emma Camp
Reason.com
On Friday, the Biden administration unveiled final Title IX regulations, nearly two years after the administration proposed dramatic changes to how colleges handle sexual assault allegations. The new rules largely mirror proposed regulations released last year and will effectively reversing Trump-era due process reforms.
According to the final regulations, accused students will lose their right to a guaranteed live hearing with the opportunity to have a representative cross-examine their accuser. This is accompanied by a return to the “single-investigator model,” which allows a single administrator to investigate and decide the outcome of a case.
Further, under the new rules, most schools will be required to use the “preponderance of the evidence” standard, which directs administrators to find a student responsible if just 51 percent of the evidence points to their guilt.