Biden Title IX changes threaten free speech, due process: legal experts

Article here. Excerpt:

'Coward said the “due process rollbacks of the proposed rules” are “numerous and alarming.”

“They would: eliminate students’ right to a live hearing; eliminate the right to cross-examination; weaken students’ right to active legal representation,” he wrote.

The new regulations would “allow a single campus bureaucrat to serve as judge and jury; require colleges and universities to use the weak ‘preponderance of the evidence’ standard to determine guilt, unless they use a higher standard for other alleged misconduct.”

George Washington University law Professor John Banzhaf agreed with Coward’s concerns.

Banzhaf told The Fix “under the new regulations” for Title IX complaints, those charged with violating the rules “would be entitled to various procedural due process protections which have yet to be determined.” However, there is a history of schools failing to fulfill due process requirements even before the new regulations, he said.'

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