PRESS RELEASE
Rebecca Stewart: 513-479-3335
Email: info@saveservices.org
New Analysis of Judicial Decisions Reveals Widespread Legal Support for Campus Due Process
WASHINGTON / July 7, 2021 – A new analysis of 206 trial and appellate court decisions reveals widespread judicial support for the new Title IX regulation that went into effect last year. The document reveals particularly strong judicial support for some of its most controversial provisions, such as cross examination. The “Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation” is designed for use by judges, attorneys, policy-makers, Title IX administrators, and others.
The document reviews all 27 regulatory provisions in the 2020 regulation and concludes that each of them is consistent with at least one judicial decision. The following seven regulatory provisions were affirmed by 20 or more court decisions:
- Pro-Complainant Bias: 34 decisions
- Impartial Investigations: 33 decisions
- Cross Examination: 31 decisions
- Institutional Sex Bias: 27 decisions
- Notice to Respondent: 27 decisions
- Access to Evidence: 23 decisions
- Evidence Evaluation: 20 decisions
Judges now view constitutionally based due process protections as requisite to sexual misconduct proceedings in public schools. As Judge Robert Jonker recently noted in Munoz v. Michigan State University, “Everyone agrees that procedural due process is implicated when a public university imposes a suspension of this magnitude.” (1)
Overall, the decisions did not turn on subtle interpretations of nuanced legal precepts. Rather, they were based on judicial recognition that colleges are failing to observe the most fundamental notions of fairness, often so gross as to suggest that sex bias was the motivating factor. A sample section from the Analysis on Institutional Sex Bias is available for viewing online (2).
For each of the 27 pertinent regulatory provisions in the Title IX regulation, the Analysis enumerates:
- Regulatory language
- Supreme Court decisions, if available
- Appellate Court decisions, if available
- Trial Court decisions
- Summary
The 104-page “Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation” is available for $100. Checks should be made payable to “SAVE” and sent to P.O. Box 1221, Rockville, MD 20849. Or send payment via PayPal with the notation, “Analysis of Judicial Decisions:” https://www.paypal.com/donate/?hosted_button_id=JELDTQDKAQB6A
More information about the Analysis is available online (3).
Citations:
- D. Mich. June 23, 2021.
- https://www.saveservices.org/2021/06/27-judicial-decisions-have-documented-the-problem-of-campus-sex-bias/
- https://www.saveservices.org/title-ix-regulation/analysis-of-judicial-decisions/