PartyBear said:
Aren't we supposed to boot the accused out if found guilty to keep the other students safe? If we make the process go so slowly on purpose so that nothing gets done except an athlete can't play for his or her team, we still have an intentionally created 9 problem. Title 9 isn't about athletes and whether they play it's about students who are a threat to other students and getting them out of here.
Title IX is about access to education. If the accused and accuser both continue classes then we are safe there. It looks like schools are going forward with the Obama guidance from a public standpoint. DeVos rescinded that guidance. This is from her Q&A:
{Question 3:
INTERIM MEASURES
What are interim measures and is a school required to provide such measures? Answer:
Interim measures are individualized services offered as appropriate to either or both the reporting and responding parties involved in an alleged incident of sexual misconduct, prior to an investigation or while an investigation is pending.9 Interim measures include counseling, extensions of time or other course-related adjustments, modifications of work or class schedules, campus escort services, restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of campus, and other similar accommodations.
4 34 C.F.R. 106.8(a).
5 2001 Guidance at (V)(C).
6 Office for Civil Rights, Dear Colleague Letter on the First Amendment (July 28, 2003), available at
https://www2.ed.gov/about/offices/list/ocr/firstamend.html; 2001 Guidance at (XI).
7 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, Pub. L. No. 101-542, 20 U.S.C. 1092(f).
8 See 34 C.F.R. 668.46.
9 See 2001 Guidance at (VII)(A).
It may be appropriate for a school to take interim measures during the investigation of a complaint.10 In fairly assessing the need for a party to receive interim measures, a school may not rely on fixed rules or operating assumptions that favor one party over another, nor may a school make such measures available only to one party. Interim measures should be individualized and appropriate based on the information gathered by the Title IX Coordinator, making every effort to avoid depriving any student of her or his education. The measures needed by each student may change over time, and the Title IX Coordinator should communicate with each student throughout the investigation to ensure that any interim measures are necessary and effective based on the students' evolving needs.}
The footnotes were at the page break.
