A Roger Williams University School of Law Symposium - Sponsored by the Roger Williams University Law Review
8:30 AM Registration
9:00 AM Welcome & Opening Remarks
One of the most controversial topics on college campuses is how to handle allegations of sexual misconduct under Title IX of the Education Amendments Act of 1972, a federal law that prohibits discrimination based on sex in educational programs. Since its enactment, the scope of Title IX has been expanded to include protections against sexual harassment and sexual misconduct. The law in this important area is very much in flux.
In 2011, the Obama administration issued a “Dear Colleague Letter,” which presented guidelines for educational institutions adjudicating sexual misconduct on campus. In response to the letter, colleges and universities implemented policies and procedures that attempt to adequately balance the rights of students who report misconduct and the due process rights of the accused. Although investigations and hearings occur outside of the criminal justice system, the consequences for both parties can be severe in both personal and professional terms. In the view of some critics, many procedures enacted in response to the 2011 “Dear Colleague Letter” tipped the scales in favor of complaining parties and failed to adequately protect the rights of the accused.
In 2017, the Trump administration repealed the “Dear Colleague Letter” and, in 2018, proposed new rules that would significantly change the legal obligations of educational institutions. Some notable aspects of the proposed rules include the right to cross-examination, an increased evidentiary burden, and a bar to schools having jurisdiction over claims of misconduct that arise from off-campus behavior. The Trump administration views these proposed rules as better calibrating the balance between the rights of complaining parties and those of the accused. Critics of these proposed regulations view them as a rollback of progress gained that will result in harm to those who report instances of sexual misconduct.
This symposium will explore the Title IX legal landscape and the anticipated implications of the Trump administration’s proposed regulations. Panel discussions will touch on legal developments surrounding Title IX, due process concerns, and the issue of consent on campus. Each panel will be composed of practitioners and professionals who will provide diverse perspectives on the myriad issues surrounding Title IX.
This program has been approved for 5.5 Rhode Island MCLE credits.
$50 includes all symposium sessions, lunch, and 5.5 Rhode Island MCLE credits. RWU Law students and faculty may attend the symposium complimentary but registration is required.