Title IX regulation would mandate cross-examination, use same evidence standard for students and faculty

Greg Piper:

Colleges would no longer be allowed to run sexual-misconduct proceedings through a single investigator, under the Department of Education’s long-awaited proposed Title IX regulation released Friday.

That in turn would require colleges to allow accusers and accused students to cross-examine each other in “live” hearings through their lawyers or other advocates.

And in a major change that could set off fights with faculty and their unions, colleges would be required to use the same evidence standard in both student and faculty disciplinary proceedings.

In order to preserve the low evidence standard of “preponderance” for students, mandated by the Obama administration, colleges would be forced to lower the higher standard of evidence commonly used for faculty.